About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2022 Legal Issues High Sch. Athletics 1 (2022)

handle is hein.hackneytwo/lihsa2022 and id is 1 raw text is: January-February 2022 High School Athlete Fails in Bid to Get Immediate Eligibility after Transferring from Previous School Because of Friction with Old Coach he Indiana Court of Appeals has denied, as moot, the interlocutory appeal ofthe trial court's order denying a request for a preliminary injunction. The injunction was being sought by the father of a high school student athlete, who believed the Indiana with Old Coach High SchoolAthleticAssociation (IHSAA) erred when itrendered his son ineligible after he transferred from one Indiana school to another. The Courtdeemedthe issue mootand remanded the case back to the trial court with instructions to dismiss. By way of background, Josh Daniel was a student-athlete, who prior to October 21, 2020, lived in Schererville with his mother. Josh attended Lake Central High School during his fresh- man (2017-18), sophomore (2018-19), junior (2019-20), and first part of his senior (2020-21) year. While at Lake Central, Josh participated onthe varsity wrestling team during his freshman and junior years. He did not participate during his sophomore year by his own choice. In October 2020, Josh moved from his mother's Schererville home to his father Rick's just-rented apart- ment in Burns Harbor, which is in the Chesterton school district. Rick enrolled Josh in Chesterton High School, and, onNovember4, 2020, Rick completed an IHSAA transfer report (the Transfer Report) indicating that Josh was moving in with his father within the Chesterton school district and was seeking full athletic eligibility. Pursuant to the IHSAA transfer rule, a student transferring schools with a corresponding bona fide change of residence by the parents will get full eligibility. However, ifthe studenttrans- ferred for primarily athletic reasons or as the result of undue influence, the student will have no eligibility for one year following the student's enrollment at the new school. The TransferReportwas sentto Lake Central, which completed its portion of the report and opinedthat Josh's transfer was for primarily athletic reasons and therefore Josh should be ineligible to participate in athletics for one year. Lake Central attached a memo indicating that Rick had a conflict with the Lake Central wrestling coach and that Josh withdrew from Lake Central just prior to the wrestling season. After Lake Central completed its portion of the Transfer Report, Chesterton completed its portion and attached a memo simi- larly opining that Josh's transfer was for primarily athletic reasons. Chesterton also recommended that Josh be athleti- cally ineligible for one year. Based upon the information and rec- ommendationsprovided inthe Transfer Report, on December 7, 2020, IHSAA Assistant Commissioner Sandra Wal- ter ruled Josh athletically ineligible at Chesterton, pursuant to IHSAA Rule Copyright © 2022 Hackney Publications (hackneypublications.com) Legal Issues in High School Athletics

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most