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6.040 BREACH OF CONTRACT BETWEEN MEMBER SCHOOLS
In case of breach of contract between member schools, either in total or in part, the Board of Directors shall have authority to assess as a penalty against the offending school a sum not to exceed $100, in addition to the financial loss which, in the judgment of the Board of Directors, is sustained by the offended school as a result of such breach.
6.041 In case of breach of contract between member schools and the Association in IHSA State Series Tournaments and Contests, the Board of Directors shall have the authority to assess as a penalty against the offending school an amount not to exceed $100, in addition to the financial loss which, in the judgment of the Board of Directors, is sustained by the offended school(s) or the Association as a result of such breach.
6.042 The entire assessment shall be paid to the Association. That part of the assessment levied to cover the financial loss shall be remitted to the offended school, with the remainder to become part of the funds of the Association.
6.043 In the event a contest is not played due to an emergency, strike or boycott, every effort should be made by both parties to resolve the matter by mutual consent. If, in an emergency or boycott situation, an agreement cannot be reached, the school which created the breach shall be responsible to fulfill the terms of the contract or be liable to terms of this section. If a contest is not played because a member school complies with the prohibitions of By-law 2.140 pertaining to a strike, no financial penalty or assessment shall be imposed against the offending school for breach of contract.
Illustrations for Section 6.040 of the By-laws
The 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 and the constitution or by-laws of the IHSA, the constitution and by-laws shall control.
299) BREACH OF CONTRACT RESOLUTION
Q. When schools face a potential breach of contract situation, what steps should be followed to resolve the matter?
A. Every effort should be made by both schools involved to find mutual resolution before the breach actually occurs. Even after the contract is breached, it is preferable for the two schools to resolve the matter by mutual consent. As
300) Q.
a last resort, the matter may be referred to the Board of Directors for settlement. (By-law 6.040)
When a member school cannot participate in a scheduled contest because it is not in legal session as defined by the Illinois School Code and State Board of Education Policy, due to a strike, may the contest be rescheduled or must it be canceled and forfeited?
A. A contest which is not played because of a strike may be rescheduled within the provisions of the season and participation limitations of these by-laws and by mutual consent of both schools. If the contest is not rescheduled and played, the school which could not participate because of a strike must forfeit the contest.
301) Q.
A. Game officials are contracted by the host school for the contest. It is the position of the IHSA that the host school is
When a contest is not played because of a strike, how are game officials contracts resolved?
obligated to pay officials for contracted games, whether the game is played or not, unless other resolution is mutually consented to by both the school and the official(s). In the event a game is not played because one of the schools to play in the game cannot play because of a strike, the striking school must either pay the game officials according to the terms of their contracts if it is the host school, or the striking school must reimburse the host school for the terms of the officials contracts if it is the visitor.
302) Q.
A. No. The provisions of By-law 6.043 relieve a striking school of such obligations if it complies with By-law 2.130 which
Is a school which cannot play a contest because of a strike obligated to make financial settlement for unrealized revenue with the host school for the contest?
prohibits the playing of contests during a strike.
303) COACH TAKES TEAM OFF FLOOR
Q. If a coach orders his/her team off the floor or playing field before the contest is concluded, is it a breach of contract? A. Yes. (Constitution 1.420 and By-law 6.040)
304) EMERGENCY SITUATION
Q. Is a school justified in canceling a contest if it finds that several of its students are unable to take part because of an emergency?
A. Such cases would have to be decided individually by the Executive Director. If the school has a sufficient number of students to participate, it should fulfill its part of the contract even though the contest could be one-sided. If the contest cannot be held, the school should seek cancellation or postponement by mutual consent as early as possible. (Constitution 1.460 and By-law 6.040)
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