Whitley parent sues KHSAA

[KIDD 1]

Divorced or not, the whole family of six is living together at their new residence.

[Henry521]

What year of school is this boy? From the article, it sounds as if he is just a freshman and is taking four years of Spanish. If it is just his freshman year he will be sitting out, heck sit frosh year , work hard in the weight room and get ready for your Soph. year of football.

[Hearsay]

Divorced or not, the whole family of six is living together at their new residence.

 

Myriad of reasons why this might be true.

[4chs]

What year of school is this boy? From the article, it sounds as if he is just a freshman and is taking four years of Spanish. If it is just his freshman year he will be sitting out, heck sit frosh year , work hard in the weight room and get ready for your Soph. year of football.

 

He is a sophomore who also plays baseball and will be eligible to play for Whitley Co. this spring.

[4chs]

Divorced or not, the whole family of six is living together at their new residence.

 

When did they actually move into the new residence? Didn't their house in Williamsburg's district only go up for sale this fall?

[94 Camel]

From the article this is interesting:

 

Elmer said his son’s waiver was first denied because Gary Peters, the athletic director at Williamsburg High School, wrote that Alex had switched schools for athletic purposes only.

 

============================

 

How do you prove the above statement/opinion?

 

The fact that the hearing officer ruled in the favor of the KHSAA means this is going to be a tough one for the player involved. Also, why does this stuff always stretch out so long? I would like to know the complete time frame on this one.

 

Finally, I would like to know how other states handle such appeals. Anyone?

Why do you have to prove the above statement. The KHSAA made a ruling. It should be followed. If not, what is the point of having the organization?

[Henry521]

When did they actually move into the new residence? Didn't their house in Williamsburg's district only go up for sale this fall?

 

The article said last January he enrolled in the school. As for actually moving into the house, I don't know.

[94 Camel]

The Case is Whitley Circuit Court (Williamsburg Division) Case No. 07-CI-00712, styled Christopher Alexander Allen Patrick v. Kentucky High School Athletic Association. Interestingly, it does not appear Mr. Patrick is represented by an attorney. The KHSAA is again paying Greenebaum Doll & McDonald and their lackey, Ted Martin, to represent them. Mr. Martin filed his Memorandum today. The KHSAA Hearing Officer's tape was also filed today.

 

The "its a little late" part is not Mr. Patrick's fault. To get to this point, Mr. Patrick would have been required to first exhaust his administrative remedies. That mean an initial determination by the Commissioner, which was probably in July or August, followed by a ruling by the Hearing Officer, perhaps in September, followed by an appellate review by the KHSAA Board of Control. The student then has a short period of time following the BOC ruling to appeal to the Local Circuit Court if he so chooses, and to ask for injunctive relief.

 

It is NOT a given that the Hearing Officer ruled against Mr. Patrick. The BOC often overrules their Hearing Officer (the person who took evidence and heard testimony). I did not read anything confirming what was stated earlier that the Hearing Officer ruled against Mr. Patrick. All we have is the BOC decision.

 

There are several red flags raised for me here:

 

1. The Williamsburg A.D. states "this is a KHSAA issue, not a Williamsburg issue." What a crock. He immediately has lost credibility by saying that. He also will not disclose what it is was said to him about so-called "sports-related transfer comment by the father." How in the heck do you prove that? If that is all that the KHSAA based their decision on, what level of proof do you have to have? Anybody could say that a comment was made and that essentially would be the end of it, whether true or not.

 

2. Mr. Patrick and his wife were divorcing. When you divorce, someone has to go. It is stated that he was building a house in the county. If the KHSAA is saying that the transfer doesn't "reasonably precipitate" the move because the house wasn't done or the divorce not final, then I think the court needs to rule against them and sanction them.

 

3. I would be interested in knowing who was awarded temporary custody of the child in the divorce proceedings. If its the father the KHSAA has problems.

 

4. The "I transferred for Spanish classes" routine is bogus and should never have been mentioned. It simply should have been "my wife and I are divorcing, I have temporary custody, I'm building a new house in the county, and the boy is transferring schools because that's where we're going to live."

 

My thoughts, not knowing any of the facts, in a nutshell.

 

I don't think the courts should have their hands in high school eligability. If you don't follow the rules and descisions set out by the KHSAA, you shouldn't be playing in member events. If not, the organization has ZERO power.

[doubledeuce]

I also do not beleive that they allow transfers immediate eligibility if transfering for academic reasons. In other words transfering for academic reasons is not a legit reason.

[MexicanBob]

I don't think the courts should have their hands in high school eligability. If you don't follow the rules and descisions set out by the KHSAA, you shouldn't be playing in member events. If not, the organization has ZERO power.

 

 

You are assuming that the rules are enforced fairly and evenly. THis isn't always the case with the KHSAA, it often appears that their actions are often capricious at best and malicious at worst.

[Hearsay]

Why do you have to prove the above statement. The KHSAA made a ruling. It should be followed. If not, what is the point of having the organization?

 

If the ruling is wrong, or was applied abitrarily and capriciously, there should be an avenue for appeal, which is precisely what is being done here. It is no different than any other administrative decision - there are appeal rights.

[Hearsay]

I don't think the courts should have their hands in high school eligability. If you don't follow the rules and descisions set out by the KHSAA, you shouldn't be playing in member events. If not, the organization has ZERO power.

 

To the contrary, the organization has tremendous power, and it is being used and applied unevenly and unfairly, which is why the State Board of Education has set up an investigative committee to look into its practices and procedures.

[Hearsay]

I also do not beleive that they allow transfers immediate eligibility if transfering for academic reasons. In other words transfering for academic reasons is not a legit reason.

 

That is correct. However, if someone transfers because of Hurrican Katrina, it is legitimate. Ask Danville. Fair?

[theguru]

Why do you have to prove the above statement. The KHSAA made a ruling. It should be followed. If not, what is the point of having the organization?

 

I hope you are kidding.

 

If you ever end up behind the 8 ball for any reason I think you will have a much greater appreciation of being able to prove something vs. just "knowing" and/or thinking something is true.

[94 Camel]

I hope you are kidding.

 

If you ever end up behind the 8 ball for any reason I think you will have a much greater appreciation of being able to prove something vs. just "knowing" and/or thinking something is true.

 

Ru, you are not talking about being behind the eight ball. You are talking about a tranfer rule that states your eligability should be lost for one season. I don't understand what can be more fair or clear. Reasons for transfer, academic or athletic, shouldn't make a difference. If you want to switch schools in this state, that is supposed to be part of the package. It is unfair that those that have the best ability to take it to the courts are the ones that get themselves out of the rules set by the organization.