INDIANAPOLIS, Ind. (InvestigateTV) – The High School Athletic Association is the gatekeeper of high school rules for interhigh school sports across the country, used to enforce uniform guidelines from transfer to eligibility.
But our national investigative team’s months-long investigation into these groups shows that they often exercise unfettered power, act as judge, jury, and investigator, and often influence decisions made. It shows that students and schools are left with few options for dissent.
Last year in Alabama, a high school was stripped of five wins and lost its playoff spot due to violations related to transfers.
In West Virginia, multiple coaches have been fired for alleged recruiting violations.
In Illinois, a high school was placed on probation, stripped of its varsity football championship, and placed on probation through the 2024-2025 school year due to a “supervisory error” by its athletic director.
Starting in middle school, boys and girls who play sports are subject to state high school athletic association rules and regulations that can sanction students and schools.
These associations can disqualify students for violations such as recruiting or transfer even before they set foot on a high school playground or court.
Like the NCAA, state high school athletic associations are voluntary membership organizations and are organized as nonprofit or private organizations. In many cases, when a decision is made by one of these parties, the only way to challenge it is to file a lawsuit.
The National Federation of High School Associations (NFHS) is based in Indianapolis, Indiana and helps provide guidance for state associations to follow.
“Our main activity is to create rules for 18 interscholastic sports, but we also help create rules, provide guidance to our members, provide guidance to the NFHS (National Federation of High School Associations), and support school participation. “We want our members to have a voice in what we do with our arts and activities,” said Dr. Carissa Niehoff, CEO of NFHS. he said. Niehoff said the written rules will be developed through a complex process that can take place throughout the year. make an effort.
“We ask our members to provide feedback on our current rules and to submit rules, suggestions, and proposals, which will reach our committee, which operates year-round, through the state association. ”Niehoff said. “Each committee works with the Sportsmet Advisory Committee to consider issues such as risk minimization, equipment safety and, most importantly, to protect the integrity of the sport from arbitrary and capricious decisions. I am working on this.”
Challenging the system
Some schools that were subject to the rules enforced by the High School Athletic Association believe the decision was arbitrary and capricious.
In New Orleans, Isidore Newman, a prestigious private school boasting a winning basketball team, was stripped of its winnings when the Louisiana High School Athletic Association gave it a wrecking ball just days before Christmas 2023. The school’s coach, Randy Livingston, has been suspended from coaching for the next term. 1 year, and their championship win was rescinded. The LHSAA claimed there were recruiting violations, but attorneys say the specific allegations that led to the harsh discipline were not provided to either the school or the coaches at the time the decision was made.
Livingston’s attorneys, Gibby Andree and Adam Johnson, argued that the coach and school received no details from the Louisiana High School Athletic Association or any due process as to what led to the harsh penalties. I am reminiscing.
“What a Christmas present,” said Andriy. “The worst part was being told, ‘Even though my son is on the team, I can’t coach him for the rest of the year.'” Oh, by the way, guys, for the last three years, no. It’s been longer, at least the last two championships, you’ve lost every game you’ve played. ”
Andriy and Johnson immediately filed suit. Within a month of the LHSAA’s decision, a judge issued an interim ruling ordering Newman’s victory to be reinstated, along with Livingston as coach, while the trial continues.
“This is what happens when you don’t have any oversight at all,” Johnson said. “It would be a violation of the Constitution. You just act without worrying about the consequences.”
problems across america
Our national research team examined the bylaws of high school athletic associations in all 50 states and the District of Columbia and found that decisions in many states are shrouded in secrecy with insufficient due process.
In nearly half of the states, associations view playing high school sports as a privilege rather than a right. As such, these high school associations can stick to strict rules that must be followed or players can sit out or sit on the bench for a few games or an entire season.
In more than half of the states we surveyed, the words “due process” aren’t even written into the rules, and players and schools are required to hire attorneys when decisions impacting playing time are made. are.
This is so problematic that at least one state has taken back some of the powers held by high school athletic associations.
In North Carolina, the state took accountability into its own hands. Lawmakers established a state commission with final say on sports-related decisions in the state.
State Sen. Vicki Sawyer (R-Raleigh) helped push for the overhaul several years ago. She told InvestigateTV that changes to the law in 2021 have brought scrutiny to high school athletic association appeals processes. Earlier, Sawyer said the association operates as an unelected third-party corporation and is not subject to open meetings laws. Everything was done behind closed doors.
Now, if there is an appeal in North Carolina, it can be appealed to the State Board of Education, Sawyer said. They get to decide what happens, and since the law change, the board has sided with high school athletic associations about 50% of the time, Sawyer said, and half of the time the state association’s decision was wrong. He said it shows that he recognizes it.
Troublesome transfer
If a high school student transfers for any reason, there are clear rules that must be followed in every state regarding the bylaws of the state high school athletic association.
InvestigateTV analyzed transfer rules across the United States. Our analysis reveals that nearly half of the states in the country have transfer rules in place at all sports levels, whether varsity or junior varsity. These rules may force students to miss a full year during the transfer period.
“We recognize that transfer rules are one of the biggest challenges of our time for states across the country,” Dr. Niehoff said.
Indiana at one point considered allowing high school students one free ride. The proposal has raised concerns from many in the high school sports world, including Indiana high school baseball coach Kevin Hannan.
He has spent the better part of two decades coaching student baseball in rural Northern Indiana.
“It’s like an out-of-body experience, and everything you’ve been working on with a group of kids over the course of the season just clicks into place, and it’s pretty amazing,” Hannan said. “I actually have goosebumps on my arms right now.”
Hannan said that although coaching is fun, there are many students who put their academics aside to chase winning schools. He is vehemently opposed to a child transferring who is only interested in shopping the school to get a winning team.
“Just because you don’t like the baseball coach at your school, you’re changing the dynamics for your child,” Hannan said. “I think that might be a bit of a hasty decision.”
“First and foremost, our kids are student-athletes and students come first,” Niehoff said. “If a transfer occurs and it’s not based on a difficult reason, and something difficult happens to the children, they need to move. They need to transfer for a variety of reasons. In some cases Sometimes it’s just a necessary service. Things are different when it comes to athletic transfers. We now lose our student-athlete identity and take on an athlete identity. I did.”
Like the lack of due process, post-transfer eligibility is a hot-button issue that is left in the hands of high school athletic associations.
shocking hospitalization
Back in Louisiana, when Isidore Newman’s case was heard by a New Orleans judge, court records show that the High School Athletic Association director said he did not follow the organization’s rules and included illegible notes. It was confirmed that the decision was made based on the research carried out.
In court, director Eddie Bonnin admitted he had violated his own playbook by not giving Newman a chance to respond before a decision was made.
Lawyer: But you violated your own rules, right?
Eddie Bonnin: Yes, sir.
Defense Attorney: Half of what is being argued cannot be read by the defendant, and cannot be read and understood?
Eddie Bonnin: Yes, sir.
Attorney Adam Johnson said those words printed in the court record were alarming.
“The fact that I can say all of these things in a row, and that they’re all true and can be read on the record, is insane to me,” Johnson said.
“What they have is a small fiefdom that they can’t monitor,” Andriy said. “They don’t check themselves and keep themselves balanced, so someone else has to do it.”
The Louisiana High School Athletic Association oversees approximately 400 schools in the state. Although many of these schools are public, the LHSAA is a private, nonprofit organization and does not respond to public records requests. A records request you submitted seeking the salaries of your organization’s employees was denied.
“The LHSAA is chartered with the Louisiana Secretary of State as a registered nonprofit corporation. Similarly, the LHSAA, like all private organizations, files articles of incorporation, an initial report, and has internal bylaws. The LHSAA operates as a completely voluntary membership organization for schools, whether private or public. “It was not created by Congress or a state agency, but rather was the offspring of a group of principals who wanted to help manage athletics for high school athletes.”・Attorney Boyer said in an email.
Eddie Bonin did not respond to InvestigateTV’s request for an interview for this article. Our request was passed on to their attorney, but we received no response.
Coach Livingston’s lawsuit is currently pending. Over the past two weeks, the parties have agreed to mediation, an out-of-court legal process to determine whether an agreement can be reached to resolve the case.
Even though the LHSAA board admitted in court that it had violated its own rules, the organization stood by its decision to move forward with claims that Newman and Coach Livingston violated recruiting rules. The complaint was originally based on an anonymous tip.
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