Court Injunction Filed by Fairview

[Ram]

The Independent reported today that Fairview has received a court injunction to allow two players that were ruled ineligible by the KHSAA to play. What will this mean for the Fairview season? Will this turn into another "Mike Mitchell" incident? Will this be a situation where Fairview will prevail? Or, will this be another situation where Fairview will end up having to forfeit their wins with these players come season's end?

 

From the Independent:

New Eagles

 

A court injunction filed with the KHSAA has allowed eligibility to Fairview's Elijah King and Mason Rutherford, transfers from Huntington High.

 

Link

[Watusi]

I thought the KHSAA turned a blind eye and ruled all Fairview transfers eligible. :confused:

[Ram]

I thought the KHSAA turned a blind eye and ruled all Fairview transfers eligible. :confused:

They did the other three. Just saying.

[theguru]

I thought the KHSAA turned a blind eye and ruled all Fairview transfers eligible. :confused:

 

You have Fairview and Belfry confused...

[Ram]

I thought the KHSAA turned a blind eye and ruled all Fairview transfers eligible. :confused:

But, I'll give them credit in this instance. They deserve it. But, I'm not going crazy until they see this through.

[Watusi]

You have Fairview and Belfry confused...

Ha. You have out of state students confused with transfer students. Belfry has had very few transfer students, but many out of state students.

[Watusi]

They did the other three. Just saying.

I know, I'm just teasing you.

 

In all seriousness, if the transfers don't qualify for a waiver, then I hope the KHSAA wins this battle. The problem is how long will it drag out? If Fairview can stretch it out past the end of the season, it really won't matter.

[jolmstead]

I know, I'm just teasing you.

 

In all seriousness, if the transfers don't qualify for a waiver, then I hope the KHSAA wins this battle. The problem is how long will it drag out? If Fairview can stretch it out past the end of the season, it really won't matter.

 

Can somebody post a link to a thread that provides some context here? It seems like there is some background necessary here. Thanks!

[Ram]

I know, I'm just teasing you.

 

In all seriousness, if the transfers don't qualify for a waiver, then I hope the KHSAA wins this battle. The problem is how long will it drag out? If Fairview can stretch it out past the end of the season, it really won't matter.

That's the problem. How long will it take?

[True blue (and gold)]

A court of law should always trump KHSAA, in my opinion.

[Ram]

A court of law should always trump KHSAA, in my opinion.

I have to disagree. The court rules on the "Law" which it should. But, when a school joins the KHSAA, it agrees to live by the "bylaws" of the organization. In doing that, the school agrees to live by those rules, which may or may not be applicable by state or federal law. Now, if the KHSAA violates the law, then, of course, the law should be applied. But, when deciding if a player is eligible to play sports as it pertains to the KHSAA rules, that is up to the KHSAA.

 

Secondly, in this case, we have a judge who lives in Westwood (which is Fairview's district) and has strong ties to Fairview with his wife's family owning the only funeral home in Westwood and being a businessman in the school district ruling on a case that directly affects the judge's re-election potential and the judge's family business. Come on.

[Ram]

Can somebody post a link to a thread that provides some context here? It seems like there is some background necessary here. Thanks!

Here's one: http://bluegrasspreps.com/controversial-issues/fairview-again-237292.html

[Mr.Network]

Weren't the rules changed to allow a school to follow a court order without later repercussions if the KHSAA won on the merits?

[Ram]

Weren't the rules changed to allow a school to follow a court order without later repercussions if the KHSAA won on the merits?

Maybe. I'm not sure. But, wouldn't that pretty much do away with the KHSAA deciding if players are eligible? Most judges are not going to disallow students from playing sports.

[Mr.Network]

BYLAW 33. IMPOSITION OF PENALTIES Sec. 1) Authority to Penalize

If Association rules and regulations have been violated, penalties may be imposed on the offending schools or individual within the defined parameters of this bylaw, the KHSAA Due Process Procedure, and KRS Chapter 13B. These penalties may be by the Commissioner’s office, the KHSAA Hearing Officer or the Board of Control dependent upon the specifics of the bylaw, KHSAA Due Process Procedure, or KRS Chapter 13B. Each member school of the KHSAA through its Principal shall ensure that its athletic program remains compliant with KHSAA rules.

A member school, student, coach, or administrator shall not be punished or sanctioned, in any manner, by the KHSAA for allowing a student to play in an athletic contest or practice with the team during a time when an order of a court of competent jurisdiction permits the student to participate or otherwise stays or enjoins enforcement of a final KHSAA decision on eligibility