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Legislature to discuss KHSAA concerns

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"It also threatens to punish schools that follow court orders to let athletes play once they've been deemed ineligible by the association. The KHSAA tells a school that if the court order is overturned, the school's punishment may include forfeiting games, paying fines or going on probation."

 

 

I'm certainly no legal mind, but it seems odd that you can be penalized for following a court order. Seems to me it would open a bag of worms in other areas of the law. That doesn't look like something that will be solved to everyone's liking.

"It also threatens to punish schools that follow court orders to let athletes play once they've been deemed ineligible by the association. The KHSAA tells a school that if the court order is overturned, the school's punishment may include forfeiting games, paying fines or going on probation."

 

 

I'm certainly no legal mind, but it seems odd that you can be penalized for following a court order. Seems to me it would open a bag of worms in other areas of the law. That doesn't look like something that will be solved to everyone's liking.

 

Yeah, that one bothers me; as does the requirement that schools waiver state and federal constitutional rights in order to join or re-up for the KHSAA. Heck, you don't have to waive your constitutional rights to join a true voluntary association (like a country club), but you do to join a state agency. Go figure. :mad:

Any legislative action may be a moot point because, as with the most recent session, the law may be approved after the session has ended....turning back the clock notwithstanding.....and then get thrown out judicially. There may be a lot of ticked-off Kentuckians if the General Assembly devotes much time to this issue at the expense of the many important issues facing our state. Our legislative sessions have been pretty much laughable the last few times.

Any legislative action may be a moot point because, as with the most recent session, the law may be approved after the session has ended....turning back the clock notwithstanding.....and then get thrown out judicially. There may be a lot of ticked-off Kentuckians if the General Assembly devotes much time to this issue at the expense of the many important issues facing our state. Our legislative sessions have been pretty much laughable the last few times.

 

I respectfully have to disagree with you. I think there are a lot of Kentuckians pretty upset with the KHSAA to be honest with you. If you think the ire and venom directed at the KHSAA on here from time to time is unique or not a reflection of the general feeling throughout the Commonwealth, in my opinion you are mistaken. Athletics are a very important part of a child's educational process and parents, right or wrong, feel passionately about their children's ability to participate in athletcs. Frankly, I'd rather see the GA do what they can to get these athletic issues addressed than spend a lot of their time on some other issues that they beat about every session, with nothing being accomplished. That's not to imply that there aren't other important issues for the GA to handled, because there are. But I think high school athletics is a very important issue that a lot of Kentuckians care about.

I'd rather the general assembly spend time on this than to take another vote to up their retirement- again.

The legislators and the local courts are homers. That won't solve anything.

  • Author
The legislators and the local courts are homers. That won't solve anything.

 

The legislature for the state of Kentucky are homers? I am sorry, but I trust the judgment of a judge who is trained to make that ruling rather than someone from the KHSAA making the ruling. Also, I don't see how a kid can be recommended to be eligible by the clearing officer at that hearing, yet still not be eligible.

The judges will let anyone and everyone transfer. Do you think the judge in Bell County will rule against Bell or the judge in Scott County will rule against the Cardinals? You know they won't.

  • Author
The judges will let anyone and everyone transfer. Do you think the judge in Bell County will rule against Bell or the judge in Scott County will rule against the Cardinals? You know they won't.

 

They are still trained to make those sorts of rulings. I do understand your point. But my pint is what about the ruling of a judge when they have these hearings about player's eligibility. I don't see how you could legitimately not let a student play when the hearing officer, who is supposed to be impartial recommends it.

I've followed it for years. The hearing officer falls for the sad story, and almost everyone has a sad story. Everyone thinks they should be the exception, and the judges, legislators and hearing officers get caught up in that.

I've followed it for years. The hearing officer falls for the sad story, and almost everyone has a sad story. Everyone thinks they should be the exception, and the judges, legislators and hearing officers get caught up in that.

 

As some one who has also followed eligibility cases extremely closely for years, I have to say I disagree with you. In my observations, the hearing officers conclusions have been the ones best founded upon law and facts. Its the BOC that often lets emotions, biases, pressures from the schools that elected them and gut feelings get involved. I listened to a tape of a case where a BOC member, in discussing why the hearing officer's recommendation of eligibility should be over turned, actually said something to the effect of "I just have a feeling in my stomach that this kid transferred for improper reasons". This was several years ago and this BOC member is no longer on the BOC, but I sure as heck would not want my son's eligibility to ride on whether a BOC member had some bad burritos for lunch before he heard my son's case. :D Stick to the facts, apply the law and make a decision. Which is what the hearing officers do. Fortunately, again from my observation, the current BOC has over the last year or two followed the hearing officers recommendations much more frequently. Don't know if that's due to a change in BOC composition, fear of more legal costs, or pressure from the legislature. All as I know as an attorney, I'm glad the AD's, principals and supers on the BOC are deferring to what the hearing officers (both attorneys and former judges) are recommending.

  • Author
I've followed it for years. The hearing officer falls for the sad story, and almost everyone has a sad story. Everyone thinks they should be the exception, and the judges, legislators and hearing officers get caught up in that.

 

If you do not think the KHSAA and the board of control are biased than there is no point in discussing this with you because we are at a complete disagreement on this one.

The way I see it you could trust the opinion of a judge who has been educated and trained and has credentials to make decisions like this, or trust the KHSAA who I believe from time to time do have alterior motives.

I don't agree with everything the KHSAA does, especially with this insane 15th Region alignment that should have prompted a march on the offices in Lexington, but overall they do a good job.

 

What cases were they biased in?

 

The schools and their fans are usually ones with the ulterior motives.

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