From today's paper and nky.com

 

Quick poll: How many of you think Highlands is going to win at least 10 football games this season?

 

......Believe it or not, it's quite possible that Highlands will win more than the 10 regular-season and five possible playoff games on its schedule.

 

There's still the matter of 12 forfeit losses from the 2004 season. And Highlands officials are hoping they will be turned into 12 victories during this season. Earlier this year the school drafted a letter for the Kentucky Board of Education that asks it to direct the KHSAA to drop the sanctions associated with the case of Michael Mitchell, a transfer from Covington Catholic who helped lead the Bluebirds to the 2004 Class 3A state championship game.

 

It appears the case will be headed back to the KHSAA in the coming weeks.

 

.......It's likely Highlands officials will make a presentation to the KHSAA board of control at its Aug. 2 meeting.

 

.....Highlands officials say the sanctions should be overturned because Mitchell was ultimately ruled eligible in court.

 

... Before last school year, the association added a bylaw about schools that use players under a court injunction. Under the current rules Highlands would not have been penalized.

 

In March, Highlands received a letter from the KHSAA saying those rules aren't retroactive.

 

.....For the record, there's more on the line than just 12 victories. If the wins are restored, Highlands would reclaim its streak of 56 straight winning seasons. A reversal also would give the program 799 wins, one behind Male's state record. It already has 19 state titles, tying it with Trinity for the state record.

 

I highly recommend clicking the nky.com link above and reading the full story before commenting. (For those who aren't/weren't close to the situation)

 

I know we visited this earlier in the year when it was announced the Birds would try to reclaim those 12 victories, but any new thoughts after reading the article?

Absolutely they can and I think they will get those wins back. I like the fact that it will put them back in the record books for the consecutive winning seasons and put their win totals back up near Male.

I hope the wins are given back quick because the first game of the season would be going for win 800 in school history.

I hope the wins are given back quick because the first game of the season would be going for win 800 in school history.

 

...as if the birds need the "added pressure" LOL!!!

I hope the wins are given back quick because the first game of the season would be going for win 800 in school history.

 

Who do they play in their first game?

Somebody here has to tell me why they should get those wins back? A rules violation was committed under the rules that existed at the time of the violation. Just that simple. Court's decision should be irrelevant.

Somebody here has to tell me why they should get those wins back? A rules violation was committed under the rules that existed at the time of the violation. Just that simple. Court's decision should be irrelevant.

 

because Mike Mitchell was eligible the whole time. There was no rules violation because he was deemed eligible.

I still don't think they go those wins back as they have already been informed by the KHSAA saying those rules aren't retroactive.

because Mike Mitchell was eligible the whole time. There was no rules violation because he was deemed eligible.

 

By who? The courts or the KHSAA? Also, I am confused on how he was eligible when there was not a bona fide change of residence which is required, correct?

By who? The courts or the KHSAA? Also, I am confused on how he was eligible when there was not a bona fide change of residence which is required, correct?

 

He was deemed eligible by the courts which is above the KHSAA. Thats why it is coming back down to the KHSAA and most believe that he should be eligible by the KHSAA. The courts ruled that Mitchell was eligible, and part of that is that he had bona fide address.

By who? The courts or the KHSAA? Also, I am confused on how he was eligible when there was not a bona fide change of residence which is required, correct?

 

"Bona Fide" change of address is only one of, I think, seven criteria that has to be met.

 

Bylaw 6. Transfer Rule

Sec. 1) Domestic Students

 

a) BONA FIDE CHANGE IN RESIDENCE

 

b) DIVORCE

 

c) GUARDIANSHIP/CHANGE OF CUSTODY

d) DEATH

e) BOARDING SCHOOLS

 

g) REASSIGNMENT BY BOARD OF EDUCATION

h) TRANSFER FROM NON-MEMBER SCHOOL

 

KHSAA Bylaws

My prediction will be that the original ruling by the KHSAA will be upheld. There is just no evidence to suggest overturning it. Correct me if I'm wrong, but didn't the Mitchell family keep their home in Florence and have another residence in Ft. Thomas? I would not classify this as a bona fide change in residence, would you?

My prediction will be that the original ruling by the KHSAA will be upheld. There is just no evidence to suggest overturning it. Correct me if I'm wrong, but didn't the Mitchell family keep their home in Florence and have another residence in Ft. Thomas? I would not classify this as a bona fide change in residence, would you?

 

Will this surprise you if KHSAA gives the wins back?

Will this surprise you if KHSAA gives the wins back?

 

Don't really care either way, but yes I would be somewhat surprised if the decision is reversed. I am just simply looking at the facts in this case, and the KHSAA rules at the time of the violation. The outcome should be interesting. If it is reversed, I will be anxious to hear the reasoning behind the reversal.

My prediction will be that the original ruling by the KHSAA will be upheld. There is just no evidence to suggest overturning it. Correct me if I'm wrong, but didn't the Mitchell family keep their home in Florence and have another residence in Ft. Thomas? I would not classify this as a bona fide change in residence, would you?

 

The Mike Mitchell Case in chronological order:

 

1. Mike transferred

2. Mike appealed to become eligible to play his senior year because when someone transfers they are automatically deemed ineligible.

3. Mike was set up with an independent party (KHSAA investigating office) to recommend to the KHSAA whether he could play or not

4. The KHSAA investigating officer recommended that Mike should be eligible

5. The recommendation was overturned by either the Board of Controls or the Brigid Devries (Now former KHSAA Commisioner)

6. Mike became ineligible for the 2004 football season

7. The Mitchell family went to the circuit court and got a temporary injunction

8. Highlands let him play because they agreed that if the courts say he can play then he is eligible.

9. The KHSAA appealed the temporary injunction that allowed Mitchell to play.

10. The courts "ruled in favor of the KHSAA that the temporary injunction should not have been granted -- the COA did not address the merits of the underlying case -- the week of the state championship game."

11. Highlands won the State Championship and Mike did not play in the game.

12. The KHSAA stripped Highlands of 12 wins, fined Highlands $1500, and suspended Coach Dale Mueller for 2 games. Highlands was allowed to keep the championship.

13. The Mitchell family continued to fight the case in the Circuit court after the football season.

14. Mike was determined eligible by the circuit court.

15. The KHSAA appealed the decision, but was dismissed because the court determined it was a moot point because Mike had already graduated.

16. In the end Mike was eligible the whole season by the courts which are above the KHSAA.

17. The KHSAA does not want to give Highlands their 12 wins back, the $1500 fine, and is not able to give back the 2 game suspension of Coach Dale Mueller

18. The Fort Thomas Board of Education sent a letter to the Kentucky Board of Education to ask them to direct the KHSAA to rescind the sanctions. The KHSAA is an agency of the state of Kentucky. The Kentucky Board of Education which is governed by the General Assembly has the right to approve or disapprove rules and regulations set forth by the KHSAA. The KHSAA must abide by the state constitution see http://www.lrc.state.ky.us/KRS/013B00/140.PDF .

19. Present time.

 

Other important points:

A. It has been said that the KHSAA has spent over $250,000 on this particular case even though the original KHSAA investigating officer said that Mitchell should be eligible (not a fact just a statement made by a reliable source). The KHSAA used to pay an hourly rate and within the past year have hired an in house council for litigation matters.

B. Since the end of the Mitchell Case the KHSAA now allows students to be able to play under a temporary injunction.

 

(Please let me know if absolutely anything is wrong about this timeline or the other important points section)