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.

 

The ruling was made, the appeal was taken to the body of the organization which is the board of control, the appeal was denied. I simply feel if that is not the end of the appeal process, then the organization has no true power over athletic eligability in this state.

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.

 

From who's point of view? If everyone had to sit out a year for transfer no matter what the situation, there could be nothing more balanced and fair. Money wouldn't be deciding the issue and politics wouldn't be deciding the issue, both local and in state.

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.

 

Okay, admittingly, I am a KHSAA supporter and I found the post ridiculous. There should be appeals process in this country up to the highest court in the land.

 

I won't say Supreme Court because that honor comes later in our history.

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 hardly think that the Attorney Ted Martin with his credentials is to be called a lackey . That statement shows a complete absence of professionalism on your part . Shame on you!!!:mad:

Okay, admittingly, I am a KHSAA supporter and I found the post ridiculous. There should be appeals process in this country up to the highest court in the land.

 

I won't say Supreme Court because that honor comes later in our history.

 

So ultimately, since the courts are going to have the final say in high school athletic eligabiliy, why not just have the legislative branch of our state government make up eligability rules with our governor having veto power. Then we would have the check and balance system that everyone seems to want. These are not issues that should require an appeal go any further than the board of control. That is why the organization is there. The Supreme Court is there to hear judicial matters, the problem is that we tend to want to make EVERYTHING a judicial matter when we don't get our way.

So ultimately, since the courts are going to have the final say in high school athletic eligabiliy, why not just have the legislative branch of our state government make up eligability rules with our governor having veto power. Then we would have the check and balance system that everyone seems to want. These are not issues that should require an appeal go any further than the board of control. That is why the organization is there. The Supreme Court is there to hear judicial matters, the problem is that we tend to want to make EVERYTHING a judicial matter when we don't get our way.

 

You do know that the KHSAA was basically setup to represent the legislature branch in governing HS athletics with direct reporting to KDE which reports to the legislature.

I don't think this is a matter for the court to decide, I agree with the idea that this should end with the KHSAA appeals process. But unfortunately a lot of people are trigger happy to file a lawsuit. With that being said a great law professor of mine use to tell us "you can always sue, but that doesn't mean you have a leg to stand on". I hope that the judge agrees that there is no leg to stand on here and this is an issue for KHSAA. The only reason a court should ever get involved with a KHSAA rule is if it is in direct violation of the statutes or constitutions that rule our state and country. As far as I am aware there is no law against declaring transfer students ineligible and therefore the court has no business in this one.

You do know that the KHSAA was basically setup to represent the legislature branch in governing HS athletics with direct reporting to KDE which reports to the legislature.

 

Yes, because it is a matter that the legislature should not have to deal with.

I don't think this is a matter for the court to decide, I agree with the idea that this should end with the KHSAA appeals process. But unfortunately a lot of people are trigger happy to file a lawsuit. With that being said a great law professor of mine use to tell us "you can always sue, but that doesn't mean you have a leg to stand on". I hope that the judge agrees that there is no leg to stand on here and this is an issue for KHSAA. The only reason a court should ever get involved with a KHSAA rule is if it is in direct violation of the statutes or constitutions that rule our state and country. As far as I am aware there is no law against declaring transfer students ineligible and therefore the court has no business in this one.

 

Couldn't agree more.:thumb:

I hardly think that the Attorney Ted Martin with his credentials is to be called a lackey . That statement shows a complete absence of professionalism on your part . Shame on you!!!:mad:

 

You are right. I stand rebuked, and apologize. However, I have solid, personal reasons that led to my outburst. If you are interested, I will explain it in PM's. However, I withdraw my comment that he is a "lackey."

You are right. I stand rebuked, and apologize. However, I have solid, personal reasons that led to my outburst. If you are interested, I will explain it in PM's. However, I withdraw my comment that he is a "lackey."

Thanks . I'm always interested in anything about Greenbaum . My son is an Attorney in their Cincinnati office .

Thanks . I'm always interested in anything about Greenbaum . My son is an Attorney in their Cincinnati office .

 

My wife was a legal secretary for the labor department in their Louisville office. One of the best law firms in the region, outstanding talent, and I'm sure that the KHSAA is a fine, fine client for Ted. Truly, no disrespect was meant, but I don't like their client.

From who's point of view? If everyone had to sit out a year for transfer no matter what the situation, there could be nothing more balanced and fair. Money wouldn't be deciding the issue and politics wouldn't be deciding the issue, both local and in state.

 

 

 

It's not realistic that EVERYONE who transfers sit out. So there must be some type of guideline which determines eligibility. My issue is that the KHSAA doesn't enforce their guideline evenly and fairly. Maybe they treated the student fairly in this case. But overall, I do think the KHSAA acts arbitrarily and capricioulsy with regard to application of the transfer rule.

I've heard many people in favor of making a player ineligible for a year on a transfer for any reason, after seeing cases like this that rule sounds better all the time then cases like this would never be an issue.

 

If you had to move for some reason and your kid was penalized - you might not think it was such a good idea.

If you had to move for some reason and your kid was penalized - you might not think it was such a good idea.

 

If you moved, than it would be a bonafide change of address and no sitting out.