ILNews

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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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