About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2 [1] (2005-2006)

handle is hein.hackneytwo/sptla0002 and id is 1 raw text is: 










Return to Archiyes Home Page I Sports Litigation Alert Home Page

August 23, 2005

Player Assails 'Arbitrary and Capricious' Decision Keeping Him Off Team

A student-athlete, who was denied an opportunity to walk on to the University of
Utah football team, allegedly because of his criminal past, has now sued Athletic
Director Chris Hill and former university president Bernie Machen, claiming they
violated his civil rights.

Sione Havili, who filed his lawsuit last month in Third District Court, alleged
specifically that the defendants made an arbitrary and capricious decision to
keep him off the team, even though he had met all ... eligibility requirements to
participate in intercollegiate athletics. The lawsuit also alleges that Havili was
denied due process of law because he was not afforded an avenue of appeal after
the athletic director made his decision.

Havili's checkered past stemmed from a 1998 incident when he and five other
teenagers fire-bombed an empty house. Havili was not immediately arrested. By
the time investigators became aware of his involvement, Havili had begun serving
a Latter Day Saints Church mission in New York City. Havili was ultimately
arrested and served seven months of a 1-year sentence for felony arson before
being released in 200 1.

Armed with letters of support as well as the endorsement of then Utah coach Ron
McBride, Havili sought to walk on to the Utes football team. Hill blocked the
move, suggesting instead that Havili go to a junior college. While I recognize that
Sione is working hard to turn his life around, I have not wavered from my original
decision, Hill said in a 2002 statement. I believe that it would be in Sione's best
interests to pursue his athletic career at a junior college this year. As an academic
nonqualifier out of high school, his graduation from a junior college would make
him academically eligible to potentially play for any NCAA school.

Havili played a year at El Camino College in California, then transferred to Texas
Tech. In Lubbock, he played two years, making the Academic All-Big 12 team last
season. More recently, Havili transferred to Weber State, where he will play
running back for former Utah coach Ron McBride this season.

Much of Havili's suit figures to center on the arbitrary and capricious nature of
the decision.

With a decision like this one, there should have been a clear procedure laid out,

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.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most