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Justices split over IHSAA athlete eligibility ruling

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Indiana’s justices couldn’t agree on whether they should even rule on a case involving an athlete’s eligibility in high school when the girl is now playing college basketball.

Justices Brent Dickson and Robert Rucker argued in Indiana High School Athletic Association v. Jasmine S. Watson, No. 71S03-1002-CV-119, that the Indiana Supreme Court should dismiss the appeal because athlete Jasmine Watson has graduated from high school. They also pointed to recent legislation that requires challenges to Indiana High School Athletic Association eligibility rulings to be decided by an independent case review panel.

“A majority of this Court prefers not only to take jurisdiction but also to apply this Court‘s recent decisions that virtually immunize IHSAA decisions from meaningful judicial review. I strongly disagree,” wrote Justice Dickson in his dissent. “The IHSAA‘s rules and enforcement practices impinge upon parental authority and responsibility to select the schools most appropriate for the interests and talents of their children.”

Watson played basketball and ran track at Elkhart Memorial High School and sought a transfer to play on South Bend Washington High School’s teams after her family moved to South Bend. Watson was being recruited by an Amateur Athletic Union coach to transfer so she would be able to compete for a high school championship. Her mother also had her work-hours reduced and her home entered foreclosure, so she wanted to move to South Bend to be closer to family.

Elkhart Memorial refused to approve her transfer, arguing she moved primarily for athletic reasons. The IHSAA assistant commissioner and a review committee found her to be ineligible. The review committee cited Elkhart Memorial’s coach’s descriptions of conversations he had with other coaches and his players regarding Watson’s comments about transferring. The IHSAA also found her family’s economic hardships weren’t the primary reason her family moved as Watson’s mother sought a rental home in South Bend before looking in Elkhart and claimed to not find anything affordable or suitable in Elkhart.

Watson’s mom sued on her behalf and the trial court granted a preliminary injunction preventing the IHSAA from enforcing its decision. The trial judge found the IHSAA disregarded evidence, and that it relied on hearsay statements. A split Indiana Court of Appeals affirmed.

The majority on the Supreme Court reversed the trial court and agreed with the Court of Appeals’ reasons as to why the appeal isn’t moot: if the IHSAA wins, then it could make Washington High School forfeit victories and money and the IHSAA has filed a counterclaim against the Watsons for damages, which hasn’t been resolved. Plus, the issues of families relocating because of financial issues will mostly likely come up again.

The majority disagreed with the trial court that the IHSAA’s decision was arbitrary and capricious. The trial court often pointed out the IHSAA’s version of events heavily relied on hearsay, but the Supreme Court has held that agency decisions may be based in part on hearsay, wrote Chief Justice Randall T. Shepard.

“Rather than inquiring whether substantial evidence existed to support the ruling, the court substituted its own judgment for the IHSAA’s. It rejected the IHSAA’s assessment of several witnesses, concluded that the IHSAA incorrectly assessed evidence contrary to the ruling, and improperly discredited virtually all hearsay evidence,” he wrote.

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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