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21Illustrations for Section 1.450 of the ConstitutionThe illustrations and situations it contains are for purposes of assisting in understanding the application of the particular by-law to which they pertain. In the case of any conflict, whether actual or believed, between the illustrations, examples or situations in this publication andthe constitution or by-laws of the IHSA, the constitution and by-laws shall control.4) TERMS AND CONDITIONSQ. How authoritative are the Terms and Conditions for Association-sponsored events established by the Board of Directors?A. Since the Board of Directors is authorized by the Constitution to establish Terms and Conditions for IHSAsponsored meets and tournaments, Terms and Conditions established by the Board are absolutely authoritative in respect to the various state tournament series conducted by the Association. Schools which do not adhere explicitly to the Terms and Conditions for a given activity are subject to penalty. (Constitution 1.450)1.460 RULINGS AND APPEALSThe Executive Director shall have the authority and responsibility to investigate and decide all matters concerning eligibility, protests, by-laws or rules. The Executive Director may modify the effect of or penalty for violation of or non-compliance with any by-law or rule if the circumstances causing the student or school to be ineligible or otherwise in violation of or non-compliance with the by-law or rule are determined:(1) to have been completely beyond the control of all of the following:(a) the student(b) the student’s parent(s)/guardian(s)(c) the school(2) or where the violalarrtion or non-compliance has been caused exclusively by a clerical or administrative error.A student, parent/guardian, school or individual, in whose favor or against whom a decision of the Executive Director made pursuant tothis Section applies, may appeal that decision by submitting a written request for a hearing to the Board of Directors. In response to such a written request, the Board of Directors or, in its discretion, a hearing officer appointed by the Board, shall conduct a hearing to reviewthe action of the Executive Director.At a hearing, the party appealing the action and all other interested parties, including but not limited to representatives of the member school, may appear and present information for consideration. If a hearing officer has been appointed by the Board, such hearing officershall submit a written report of findings to the Board, including a written summary of the testimony heard and/or evidence presentedat the hearing. After a hearing before the Board, or upon receipt and review of the hearing officer’s report, the Board may, within theauthority of this Constitution and By-laws, sustain, modify or overturn the Executive Director’s decision, or sustain, increase, decrease or otherwise modify any penalty for violation of any by-law or rule or take such other action as it finds appropriate. If a hearing has beenconducted by a hearing officer appointed by the Board, the student, parent/guardian, school or individual in whose favor or against whoma decision has been sustained or modified, may request, in writing through the principal of the involved member school, a further hearingto be held before the Board of Directors in accordance with the provisions of this Section, at the next regularly scheduled meeting of the Board or at a special meeting of the Board convened by the president of the Board. The decision or action of the Board of Directors, pursuant to any hearing held before it, shall in all instances be final.Illustrations for Section 1.460 of the ConstitutionThe illustrations and situations it contains are for purposes of assisting in understanding the application of the particular by-law to which they pertain. In the case of any conflict, whether actual or believed, between the illustrations, examples or situations in this publication andthe constitution or by-laws of the IHSA, the constitution and by-laws shall control.5) Q. What is a clerical or administrative error?A. An inadvertent or unintentional error or omission that results in technical, rather than substantive, noncompliance with these by-laws. The failure to comply with any affirmative requirement of these by-laws shall not be deemed aclerical or administrative error.