Bonafide change of address is following the rules. Personnally if I had a child that was unhappy at a school for whatever reason, I would definately be "shopping around". Last I heard, we live in a free country.

Lesson learned: I don't like the authority figure under the choice that I have made. I can not bow to my authority figure and go somewhere else. Mmm, maybe that will work if for the rest of his life ten other companies are willing to hire him every time he doesn't like his boss. IMO, it is a horrible lesson taught to this child. BTW, as you know, the freedoms possessed in our country do not always pertain to school or school events. We do not have the right to go to any school we please at any time under any circumstances.

Bonafide change of address is following the rules. Personnally if I had a child that was unhappy at a school for whatever reason, I would definately be "shopping around". Last I heard, we live in a free country.

A bonafide change of adress does not mean you do not have to sit out a year, especially transfering from a private school.

Long after the season was over and the whole issue was layed to rest by the courts, the rule was in Mitchells favor. To bad the young man didn't get to play in the biggest game of his high school career. However, fortunately for Mr. Mitchell, he is experiencing a terrific college academic and atheletic career. It's been 3 years and I wonder if the Mitchell topic will ever go away. It is what it is folks.

 

This is the first I've heard of this.

 

I just happend to be reading the Classic BGP of the situation an hour ago.

 

If the final ruling was in his favor, why does the KHSAA still have Highlands with a 2-13 final record? If he was finally ruled eligible, those victories should be returned. Is it posssible the litigation is still being worked out?

Lesson learned: I don't like the authority figure under the choice that I have made. I can not bow to my authority figure and go somewhere else. Mmm, maybe that will work if for the rest of his life ten other companies are willing to hire him every time he doesn't like his boss. IMO, it is a horrible lesson taught to this child. BTW, as you know, the freedoms possessed in our country do not always pertain to school or school events. We do not have the right to go to any school we please at any time under any circumstances.

 

If your talking about a job, he has the freedom to change jobs as much and as often as he likes. People do it everyday. I'm sorry but I just don't see how trying to better oneself or position is such a horrible lesson.

If your talking about a job, he has the freedom to change jobs as much and as often as he likes. People do it everyday. I'm sorry but I just don't see how trying to better oneself or position is such a horrible lesson.

Very few people have the opportunity to change jobs like toilet paper. Not learning to accept authority can be a very detrimental lesson to a child, check out our prisons. They are full of people who can't accept authority. It is also a very nice lesson to teach a kid to have no dedication to his team unit or his teamates, just go ahead and act in a way that pleases yourself. IMO, an absolute nighmare attitude.

This is the first I've heard of this.

 

I just happend to be reading the Classic BGP of the situation an hour ago.

 

If the final ruling was in his favor, why does the KHSAA still have Highlands with a 2-13 final record? If he was finally ruled eligible, those victories should be returned. Is it posssible the litigation is still being worked out?

 

 

What happened was that the stage of the litigation that all occurred prior to the state game related to the temporary injuncition. When the Court of Appeals overturned the temporary injunction allowing Mike to play, he was prevented from playing in the state game. The lawsuit proceeded however. Eventually the circuit court made a ruling in favor of Mike on the merits of the case. By the time that happened and the KHSAA appealed it to the Court of Appeals, Mitchell had graduated from high school. The Court of Appeals determined that the case was moot and refused to overturn the Circuit Court's decision. Thus the final court action was that Mike was in fact eligible. By then the KHSAA had imposed the sanctions against Highlands and the sanctions had been fulfilled. Mueller had already served his two game suspension, the $1,500 fine paid and the wins forfeited. I believe that Highlands considered taking legal action against the KHSAA to get the fine reimbursed and the wins restored, but decided not to worsen the relationship with the KHSAA. The fine was inconsequential and the school, the players and the coaches all look at those forfeited wins as true wins anyway.

 

Now had the KHSAA tried to force Highlands to reimburse the big dollars in legal fees the KHSAA had expended in the Mitchell case, the fight would have been on. To the disappointment of some Board of Control members, because the last official court decision was actually in Mitchell's favor, the KHSAA rules prevented them from forcing Highlands to reimburse the KHSAA for its legal fees.

Yes it is. It is the local courts taking the teeth out of our state's athletic institution. We have rules in place so parents and athletes are not allowed to shop themselves around during their high school career. We know what it is. It is a "I am not getting my way, so I will go somewhere else mantality" that has rules preventing it from happening. Of course, there are those that follow rules, and those that don't. If your reasoning is that the courts found in his favor, why have the KHSAA at all. Then it really does become a useless organization.

 

The courts review rulings of the KHSAA under the "arbitrary and capricious" standard. The KHSAA sometimes acts arbitrarily and capriciously, and that is why their decisions are sometimes overturned by local courts. Remember that the KHSAA, in and of itself, is not an administrative body. All it is is an AGENT for an administrative body, namely the Department of Education. They can be fired at any time, and right now they are under fire, because there is a legitimate concern that they at times act arbitrarily in their own interests.

 

That is why we have appeals in this country, to correct mistakes made by lower adjudicative bodies. Don't blame the courts for doing their jobs.

Yes it is. It is the local courts taking the teeth out of our state's athletic institution. We have rules in place so parents and athletes are not allowed to shop themselves around during their high school career. We know what it is. It is a "I am not getting my way, so I will go somewhere else mantality" that has rules preventing it from happening. Of course, there are those that follow rules, and those that don't. If your reasoning is that the courts found in his favor, why have the KHSAA at all. Then it really does become a useless organization.

 

 

You should read the KHSAA's rules before you make such a post. The due process procedure specifically allows a student or a school to go to court to appeal the KHSAA's decision. Mitchell did so. Thus, the local court didn't take the teeth out of anything. If anything, it followed the KHSAA's own due process procedure. And for the Circuit Court to not seriously consider Mitchell's appeal, but rather blindly okay the KHSAA's decision, makes a mockery of the due process right and our judicial system. I hate to tell you this, but all govt agencies including the KHSAA do make mistakes, which is why people agrieved by those mistakes have the right to go to court to have the mistake overturned.

You should read the KHSAA's rules before you make such a post. The due process procedure specifically allows a student or a school to go to court to appeal the KHSAA's decision. Mitchell did so. Thus, the local court didn't take the teeth out of anything. If anything, it followed the KHSAA's own due process procedure. And for the Circuit Court to not seriously consider Mitchell's appeal, but rather blindly okay the KHSAA's decision, makes a mockery of the due process right and our judicial system. I hate to tell you this, but all govt agencies including the KHSAA do make mistakes, which is why people agrieved by those mistakes have the right to go to court to have the mistake overturned.

 

:thumb:

 

I defer here to much a more learned person than myself.

Are you really trying to say that the move wasn't for athletics. Yes, it takes very SPECIAL circumstances for the Khsaa to find an athlete eligable when he transfers between his JR and SR years. He had went to Cov Cath. There was no place he could have lived in NKY and still not attended Cov. His type of case is exactly the reason that these rules are in order, so kids and parents can't shop themselves around from school to school. Point being, it doesn't matter whether they would have won it with him or not. With every game that he played in being forefitted, their very opportunity to have a state championship should have been taken away. That is where the KHSAA made their mistake in this instance. They broke the rules, therefore, their punishment should have fit the crime.

 

 

No, the mistake the KHSAA made was that they never concluded that the transfer was for athletic intent. Had they done so, I don't think the court would have ever ruled him eligible. But that was not the basis that the KHSAA found for him being ineligible; rather they ruled him ineligible because they did not think there was a bona fide change of residence (I attended the court hearing and read the court filings). And folks, if I'm certain of a couple of things, one is that I'm overweight and the other is that the Mitchell's move to Ft. Thomas was a bona fide change of residence. Lordy, is this issue ever going to die?

:thumb:

 

I defer here to much a more learned person than myself.

 

 

Trust me, there is many a day that I wished I did not know this case so well.

My, what a can of worms I've opened up...WITH GOOD INTENT!

 

HoYoDad..first of all I was at the Bell Co. game. Highlands had 92 total yards total offense. PERIOD. The game was won for Highlands on a 62 yard fumble return for a touchdown early in the game by the player of discussion. Robbins for Bell had 160+ total offense himself, so to say Highlands would have won anyway? I think not! Bell was a far superior team without the one we are speaking.

 

Also, if your going to post on BGP get your facts straight. Harlan is Single A and is not in either Bell or Highlands class (And I'm not talking about enrollment), so my post had nothing to to with comparisom of Highlands & Harlan. My point is that one individual (Hunter Luttrell) as well as one team (Bell County) was served a horrible injustice while Highlands was rewarded a State Championship they clearly could not have won without the player in question.

 

A broken home is far more ligitimate than simply having the MONEY to move for one's and one's own team benifit. Questions Anybody? PLEASE!

 

Westside my case has been made. Henry 521 it prolly will not go away because the facts speak for themselves. Another case of Money vs. the rest!

 

94 Camper you are on the right track for the most part except in your statement that legitimate moves do net get penalized, Just research the Luttrell case.

 

Finally, Highlands sanctions may have been fulfilled, but the punishment did not fit the crime.

 

Over & Out!

ttt

By the looks of the poll after 1 1/2 month it appears that the KHSAA is not thought of in high regards. I think if there was some oversight and accountability for the rulings they make, they might think things out before they rule. I personally thought they were bad back in the 2004 season and did not get better. They sealed it with me when they turned thier backs on all the players, and coaches in 2-A and allowed two teams to combine and play in the same 2-A division. Nothing against the two teams that they allowed to do it. I have a problem with them turning there backs on all the other teams. How can anyone respect KHSAA after that.

By the looks of the poll after 1 1/2 month it appears that the KHSAA is not thought of in high regards. I think if there was some oversight and accountability for the rulings they make, they might think things out before they rule. I personally thought they were bad back in the 2004 season and did not get better. They sealed it with me when they turned thier backs on all the players, and coaches in 2-A and allowed two teams to combine and play in the same 2-A division. Nothing against the two teams that they allowed to do it. I have a problem with them turning there backs on all the other teams. How can anyone respect KHSAA after that.

Get some cheese for that whine, that is old news, and its been discussed ad nauseum. Short of cancelling contracts for 20 schools, it was about all that can be done. Complete a couple of key plays and your moniker would be about two time defending champions, not 2005.