Cordia Lawsuit????

[SauceBoss]

Will Cordia sue the KHSAA? That's what I've heard.

 

Word around Hazard is Cordia plans on fighting this. Sounds like an end game. If they sue I'd say that neither party is going to come out smelling like a rose. Winner is who takes the least damage.

 

Here's what Alice Whitaker said to WLEX18 a while back.

 

Cordia Responds To Basketball Suspension | LEX18.com

 

"We have no comment at this time on the KHSAA sanctions. We are handling this matter through our lawyers, due process, and the courts to rebuke this unfair, unjust, and unprecedented ruling. We are going through the proper appeal process and will be going through the courts, because clearly the KHSAA has no interest in being a fair and unbiased authoritative governing body."

 

KHSAA ruled on July 28th. Said that Cordia would have 30 days to appeal. If they are going to appeal they'd have to do it soon, 10 days in already.

[Clyde]

What would Cordia's lawsuit be based upon?

[PurplePride92]

What would Cordia's lawsuit be based upon?

 

That's what I want to know. This is like those stories you hear about when the burglar sues the people who live in the house they tried to rob.

[JokersWild24]

What would Cordia's lawsuit be based upon?

 

 

"We are handling this matter through our lawyers, due process, and the courts to rebuke this unfair, unjust, and unprecedented ruling."

 

"We are going through the proper appeal process and will be going through the courts, because clearly the KHSAA has no interest in being a fair and unbiased authoritative governing body."

 

 

Those definitely sound like words of someone who is presently intending to go to court.

 

Based on that statement, I'd guess that their arguments will turn on consistency with other decisions, especially in terms of the punishment and penalty phases. Maybe whether there was bias in the investigation and/or the school feels like they were afforded proper due process will come up as well. Again, it's just speculation on my part given the statements Cordia has released and what seemed to be contextual clues in them.

 

Not saying they have a good or bad argument or any of that, just my guess as to what they'll be trying to bring up if they sue (which appears pretty likely).

 

 

I will say that if this sees a courtroom, then something big has to give one way or another, not really any two ways about it. The Courts may usurp the power of the KHSAA even more, or the Courts may firmly uphold the decision and put other schools thinking of going the judicial route on future notice.

 

On one hand, you look at a possible suit and think, "what does Cordia have to lose?" I'd imagine that the penalties can't really increase should they appeal, that they'll not be in the good graces of the KHSAA anytime soon given how far it's went. At worst, they are only going to be out of their legal fees, some points on the reputation scale with an entity that already doesn’t think highly of them, and essentially the removal of any possibility that the sanctions might be lessened or ended earlier than stated by any alternate means.

 

On the other hand, you look at a possible suit and think, "what does Cordia have to gain?" Like I mentioned above, I'd doubt that they'll really be well received by the KHSAA even if they are reinstated and absolutely no penalties at all are handed down. More likely, you’re probably looking at them weighing the possibility of a reduction of the penalties versus the costs of going to court (direct and indirect). Regardless of whether or not there are any reductions, Cordia might see themselves taking a "nothing left to lose" mentality. With that alone, they could definitely go down swinging and make things more difficult for the KHSAA (if for no other reason than the KHSAA has more to lose but doesn’t have nearly as much to gain from going to court).

 

 

If Cordia takes it to court but loses, there’ll probably be one of two options they go with:

1.

Keep everyone and try to go the prep school route,

OR

 

2.

Clean house, apologize, take the penalties, apologize, and eventually rejoin the KHSAA as basically the same non-power they’ve been for their existence.

 

 

This just isn't the same situation as it would be if other schools they were trying to compete with were planning on doing the same. Take a Henry Clay, Covington Catholic, Scott County, Ballard, Highlands, Trinity, or the like. Those are populated schools with competitive athletics programs in one or more "big" sports. That just isn't Cordia.

 

For Cordia, they ‘win’ in court and maintain or increase the profile of their program. They ‘lose’ and go the prep route and make the best of it for as long as they can and/or they ‘lose’, sit out awhile and go back to the Cordia athletics of old and hope they can beat Buckhorn and Hazard for a special All A run. If they were already ready, willing, and able to go the prep school route, they likely would have done so (and wouldn't have been fighting in court for injunctions two straight years, etc.).

 

 

The biggest KHSAA gain is probably a firm ruling in their favor and a message to the rest of the schools that they shouldn’t test their might in court the next time, but I there’s a fair argument for saying that the outcome isn't really going to matter to Cordia in terms of them getting a better deal for themselves by keeping it out of court.

[Jim Schue]

What would Cordia's lawsuit be based upon?

 

If they're smart, they should base it on the fact that while they got burned, the folks 15 miles from them never get busted, ever.

 

I'm not defending their actions — which were egregious, for sure — but from the Cordia standpoint it comes down to pointing fingers at the whole system. From their standpoint, why is it wrong when we go all-in but it's OK for PCC, Hazard and KCC to get one or two each year that passes muster?

 

The KHSAA has put itself in a not-so-good position by selectively enforcing rules. Sure, it's easy to lay the hammer on Cordia because, well, they're not supposed to be any good. It stands out when they come out of nowhere.

[PurplePride92]

If they're smart, they should base it on the fact that while they got burned, the folks 15 miles from them never get busted, ever.

 

I'm not defending their actions — which were egregious, for sure — but from the Cordia standpoint it comes down to pointing fingers at the whole system. From their standpoint, why is it wrong when we go all-in but it's OK for PCC, Hazard and KCC to get one or two each year that passes muster?

 

The KHSAA has put itself in a not-so-good position by selectively enforcing rules. Sure, it's easy to lay the hammer on Cordia because, well, they're not supposed to be any good. It stands out when they come out of nowhere.

 

 

Unless they have hardcore facts that show and prove what the others have done and that the KHSAA knew about it then they'll sound pretty silly.

[NKY Bandit]

I can't see Cordia going the Prep school route...it's just to expensive. My guess is they return to the 'old' Cordia, kinda like JBS did.

[Smallhoops]

I suspect Joker is right about the arguments Cordia will make in any lawsuit it may file. And while I have little doubt the KHSAA went to great lengths to try to have solid evidence to back up the penalties it imposed, there likely are other situations the KHSAA would just as soon not talk about, where they didn't go after other schools as aggressively. The evidence is rarely perfect for one side or the other in any lawsuit. Still, at the end of the day, I think a Judge will have a tough time giving much relief to Cordia if the evidence substantiates the allegations made by the KHSAA, regardless of what may or may not have happened anywhere else.

[PurplePride92]

I suspect Joker is right about the arguments Cordia will make in any lawsuit it may file. And while I have little doubt the KHSAA went to great lengths to try to have solid evidence to back up the penalties it imposed, there likely are other situations the KHSAA would just as soon not talk about, where they didn't go after other schools as aggressively. The evidence is rarely perfect for one side or the other in any lawsuit. Still, at the end of the day, I think a Judge will have a tough time giving much relief to Cordia if the evidence substantiates the allegations made by the KHSAA, regardless of what may or may not have happened anywhere else.

 

What if the KHSAA did go after other schools and they simply weren't as sloppy as Cordia was? 14 violations is super super sloppy. They only have themselves to blame and a lawsuit is pointless. Cordia obviously has the money to burn though so what do they have to lose?

[spindoc]

I wouldn't be surprised at any ruling a judge would make with regard to the KHSAA and their penalty. It's also not going to take place in the coal fields and appeal process is clearly marked out in the bylaw and in the KHSAA's back yard.

[spindoc]

What if the KHSAA did go after other schools and they simply weren't as sloppy as Cordia was? 14 violations is super super sloppy. They only have themselves to blame and a lawsuit is pointless. Cordia obviously has the money to burn though so what do they have to lose?

You and I both know that the pointing the finger at others won't lessen the penalty for Cordia. Seems they can only go on their issue alone and the rest won't even be considered, as bad as we'd all like it to be.

[mcpapa]

You and I both know that the pointing the finger at others won't lessen the penalty for Cordia. Seems they can only go on their issue alone and the rest won't even be considered, as bad as we'd all like it to be.

 

This.

 

Same argument if you get caught speeding and ask how come the officer didn't cite the guy that blew your doors off a couple miles back.

[CBDV]

Hudson at Hazard will be a point of argument.

 

 

If Cordia has any money at all or a big backer, and they hire a real P.I., they will have more than enough ammo to say "You look the other way for some, but not us..."

[SauceBoss]

Unless they have hardcore facts that show and prove what the others have done and that the KHSAA knew about it then they'll sound pretty silly.

 

 

Not a poet, but I’ll try my hand at being a playwright.

 

ACT 1, Franklin Court:

 

 

Plaintiff’s Counsel:

 

“Your honor, may it please the court if plaintiff’s counsel introduces Exhibit A?”

 

3 foreign exchange students who are great basketball players that wound up at one region school through random placement. The allure is so great that even one of the kids who found his way from to Texas to my client's Cordia team eventually wound up at there the very next season.

 

“Your honor, may it please the court if plaintiff’s counsel introduces Exhibit B???”

 

2 students from Philadelphia who wound up at another region school. They also happen to be good basketball players. A few years ago, it was a highly rated player from a team in New York who joined. The next year, a collegiate level talent from Sheldon Clark. But this year, the economy slowed and the area was only able to attract former pupils of Buckhorn and Breathitt County.

 

“Your honor, may it please the court if I introduce Exhibit C???”

 

Here, we have another mountain school. Sure, their best player has a family member who was hired onto the staff. That and that alone is what prompted a legitimate move. Somehow, only the changes on the Cordia staff seem to have drawn all of the attention. Sure, this school got a transfer from 2 regions away last season. But they were also so kind as to take a "charity case" and rescued a promising prospect from the mess that was Cordia over the summer. He can really shoot the three and they missed having another scorer once they got to State awhile back, so man, could they ever use him this year. Opportunistic? I think not! Annnnndddd...... maybe they’ve gotten another good player who happened to relocate to Hindman, but it was before his freshman year, so he’s fine. Nothing to see.

 

Why is it that Hazard and Hindman are such popular destinations that practically encircle Lotts Creek, but we’re only here today to question the motivations of children moving to one of those places?

 

Why is it that the school with dorms is recieveing all the scrutiny?

 

Defense: “But, but, but... the 14th Region is cleaned up now. We got rid of Cordia. We got ‘em!!!”

 

 

You take over PurplePride92. Fill in a blank.

 

Judge: “__________ this is just silly.”

 

Plaintiff: "But, your honor, I haven't even gotten out of the 14th Region yet."

[BigVMan23]

Personally, if anything, a judge might lesson or dismiss the $25,000 fine imposed on Cordia, which I think the KHSAA would have no problem with that being a "bargaining chip". And to be honest, although I believe Cordia should be punished and they "made their own bed" so to speak, taking money from a school that, from what I know of them really can't afford to take that kind of hit and will hurt in other areas outside of athletics...I have no problem with the fine coming down or being done away with completely.