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Judges disagree as to athlete's eligibility

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One Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic reasons.

In Indiana High School Athletic Association Inc v. Jasmine S. Watson, individually and by and through her mother, Valerie K. Watson and South Bend Community School Corp., No. 71A03-0901-CV-25, Chief Judge John Baker and Judge Patricia Riley affirmed the trial court's finding that the Indiana High School Athletic Association acted arbitrarily and capriciously when it ruled Jasmine Watson was ineligible to play basketball at South Bend Washington High School after she transferred there just before her senior year. Her family claimed the transfer was caused by her mother's work hours being cut, the impending foreclosure of their home, and extended family living in South Bend. The majority also upheld the trial court's entering a preliminary injunction prohibiting the IHSAA from enforcing its decision.

The appellate court ruled on the decision, even though Jasmine has since graduated, because if they find she was ineligible, it could make Washington forfeit wins or awards, plus the IHSAA has filed a countersuit against the Watsons for damages, and that case has yet to be resolved.

Judge Ezra Friedlander dissented on several issues, including whether the trial court should have held an evidentiary hearing at which witnesses testified and evidence was introduced. He believed the trial court shouldn't have allowed for new evidence and should have just examined the record of proceedings before the IHSAA. The majority decided it wasn't in the position to second-guess the trial court's assessment of witness credibility and that the trial court permitted some evidence as relevant to the irreparable harm allegedly suffered as a result of the ineligibility ruling, not as relevant to the underlying merits of the case, Chief Judge Baker noted.

The trial court found much of the evidence relied on by the IHSAA was unsubstantiated hearsay or double hearsay because the organization failed to call witnesses to support the claims Jasmine and her mother had stated they were unhappy with her playing time at Elkhart and she was looking to go to Washington. The majority supported the decision to discount the evidence because the trial court found it to be incompetent. Judge Friedlander in his dissent claimed the testimony should have been allowed because it was "run-of-the-mill" hearsay and hearsay is permitted in an administrative proceeding as long as it is not objected to. The judge also believed the hearsay was deemed incompetent merely because it was hearsay.

Even taking into account the IHSAA evidence that Jasmine and her mother had spoken about transferring prior to her mother's work hours being cut, the majority focused on the family's financial situation as the primary reason they moved to South Bend.

"The IHSAA found Valerie's decision to be 'unusual,'" wrote Chief Judge Baker. "Perhaps it was, but only because she found herself in unusually trying circumstances."

Judge Friedlander believed the evidence supported the determination Jasmine was ineligible to play her senior year. The majority disagreed and affirmed the injunction placed by the trial court, ruling the injunction was not overbroad.

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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