Class Two

1
Class Two

• HIGH SCHOOL ELIGIBILITY ISSUES

2
General Concerns

• Once a school becomes a member it must follow the
  rules of the athletic association
  
• Types of rules in general
• Association level
• General eligibility
• Transfer rules
• Age limit rules
• Nonschool participation rules
• School rules
• Individual schools usually set academic
  eligibility for athletics rules
  
• No pass, no play
• Academic Progress require students to enroll in
  degree preparation courses
  
• Not scrutinized similar to college rules
• Some associations incorporate examples in to
  rules
  
• Always remember nature of athletic participation
  at high school
  
• Autonomy/deference to association

3
General Eligibility Rules

• WIAA Rules of Eligibility Article 1
• Eligibility is responsibility of member schools
  ( 1)
  
• Participation ( 4)
• Any full time enrolled student
• Penalties for violations of the eligibility rules
  ( 5)
  
• Appeal of forfeiture ( 6)

4
Restitution Rule

• Restitution rule ( 8)
• IHSAA v. Martin (Jessica)
• Facts
• Rules Implicated
• Trial Court
• Court of Appeals
• Supreme Court
• Issues
• Correct Result??

5
Home Schooled Students

• WIAA Eligibility based on full-time enrollment
• Reid v. Kenowa Hills Public Schools (Jill)
• Facts
• Reason for rule
• Right to education? Athletics?
• Comparison Phy Ed. to Athletics
• Must schools allow home schooled students to
  participate in athletics?
  
• Does rule violate equal protection clause?

6
Transfer Rule

• WIAA Rules of Eligibility Article II Residence
  and Transfer
  
• Why transfer rules such a problem?
• Public school students ( 1)
• Non-Public school must live with parents ( 2)
• Why the difference?
• Transfer Rule (S 3)
• Waivers ( 5)
• QUESTIONS

7
Transfer Rule Cases

• Case handouts
• Ruiz v. MIAA (2000)
• Application of transfer rule
• Transfer due to loss of scholarship
• What is the purpose of a transfer rule?
• Revesz v. PIAA (2002)
• Transfer due to parents job issues and concerns
  with coach
  
• Courts position on review of eligibility rules
• Judicial noninterference and deference
• Why transfer rule different from recruiting rule

8
Age Limit Rules

• WIAA Eligibility Rules Article III- Age
  Requirement
  
• Ineligible if reaches age 19 before 8/1 of given
  school year
  
• Special issue for disabled students
• Why rule impacted?
• Baisden v. WVSSAC (age eligibility) (Blythe)
• Facts
• Trial Court
• Supreme court - Why take the case?
• Reason For Rule
• Court split
• Holding

9
WIAA Eligibility Rules

• Article IV Amateur Status
• Is an amateur in all WIAA recognized sports
• Ineligible for all sports
• if accept anything in return for achievement in
  athletics
  
• Signs a contract to play
• Benefits for use of name/likeness
• Questions

10
WIAA Eligibility Rules

• Article V Attendance Scholarship
• Eligible for competition if
• Full time enrolled student ( 1(A)(1 2))
• Eight Semester Rule ( 1(A)(3)(a))
• Complete eligibility in 4 consecutive years (
  1(A)(3)(d))
  
• Semester counted after one contest or 40 days in
  attendance (( 1(A)(5))
  
• Academic eligibility (( 2)
• Full time student / no more than one F
• Question

11
WIAA Eligibility Rules

• Article VI NonSchool Participation
• IN SEASON
• Basic rule based on loyalty and allegiance (
  1(A))
  
• Out of season
• No activity students engaged in should resemble
  school team practicing or competing out of season
  (2(A))
  
• All-Star Activities
• Do not serve the best interests of students (
  3(A))

12
WIAA Appeal Process

• Is an appeals process necessary?
• WIAA Appeals Process
• 15 days from decision (A)
• WIAA Board of Control hears appeals (E)
• Seems to be like mini-trial allowed to cross
  examine and present evidence (E)
  
• Decisions in writing and nonappealable (H)

13
Other Eligibility Issues

• Undue Influence Rule (or Recruiting Rule)
• WIAA - Undue Influence Rules apply to all
  students in public or non-public school
  
• Special consideration due to athletic ability or
  potential
  
• Article I, 3 part of general eligibility
• Article II, 3(6) part of transfer rule
• Brentwood similar
• Reasons for recruiting rule?

14
Undue Influence Rule

• Monts v. IHSA (Matthew)
• Facts
• Rule Violated
• Appellate Court
• Analysis of rule
• Analysis of violation of rule

15
Governmental Immunity

• Can public school officials be sued over their
  application of eligibility rules?
  
• Wis. Stat. 893.80(4) (2004)
• The statute provides political subdivisions and
  public officials with immunity for acts done in
  the exercise of legislative, quasi-legislative,
  judicial, or quasi-judicial functions

16
Academic Counseling

• Scott v. Savers Property and Casualty Insurance
  Company (Mary)
  
• Facts
• Procedural history
• Immunity Issue?
• Was counselor negligent?
• Why did district fight?
• Contract Issue?
• Result ??

17
Amateur Status Rule

• WIAA Rule Article VI
• OHSAA Rule 4-10-1 (2003-2004)
• Complaint LeBron James v. OHSAA (Darren)
• Facts
• Issues (Counts)
• Requested Relief?

18
Amateur Status Rule

• Brief in support of motion
• Rush to judgment
• Relevant facts avoided
• OSHAA brief
• James admissions
• Misapplication of rules
• Nature of harm
• Harm to James
• Harm to OSHAA
• Administrative remedies
• TRO
• Does result make sense?

19
New OSHAA Rule

• 4-10-1 and 4-10-2
• Differences from 2003-2004 version?

20
Next Class

• Gender Equity Considerations at the
  Interscholastic Level
  
• Cases for students
• Mason
• Communities for Equity