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William & Mary Athletics

Appeal Procedure

Table of Contents

Student-Athletes who receive a Positive Drug Test, have been involved in a drug-related offense or dispute that they have refused or failed to take a required test under the guidelines set forth in this Policy may appeal the positive Drug Test finding, unless the sanctions imposed are not consistent with this policy.
 
An appeal must be submitted in writing to the Associate Athletic Director for Internal Operations within three business days or seventy-two (72) hours of the notification of the offense. If the seventy-two (72) hours expires during a time when the College is not open for business, the appeal may be submitted before the hour of 9:00am on the next business day. The written appeal must present the reason(s) for the appeal.
 
An appeal hearing committee shall be assembled promptly. The Appeals Committee shall be comprised of three of the following individuals: Assistant Athletic Director for Sports Medicine; Assistant Athletic Director, Compliance; and the Faculty Athletic Representative and a representative from the Dean of Student’s Office. The Head Coach of the Student- Athlete may be present for the appeal hearing but will not be a voting member of the appeal committee.
 
The Student-Athlete may have an advocate or other non-legal representative present. However, the Student-Athlete is responsible for the presentation of his/her own case. The appeal shall take place within fifteen (15) working days of the receipt of the appeal request, except as agreed by the Student-Athlete and the Appeals Committee. These proceedings shall include an opportunity for the Student-Athlete to present evidence, as well as to review the results of the drug test. Appeals Committee hearings are not legal proceedings and do not follow formal rules of evidence or courtroom procedures. They are designed to allow Student-Athletes to see the evidence against them and present reasons why the sanctions imposed should be removed or modified. The Appeals Committee has discretion to set procedures for hearing appeals, and may customize or create different procedures for different appeals.
 
At the conclusion of the appeal, the Appeals Committee shall deliberate in private and decide by majority vote to lift, modify or maintain the imposed sanctions. The decision by the Appeals Committee shall be final. The Appeals Committee will send written notification of the committee’s decision to the Student-Athlete and the head coach.
 
Any sanctions imposed against a Student-Athlete continue to be in effect during the consideration of an appeal.
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