« Ind. Decisions - "South Bend can try to recoup clean-up costs" | Main | Environment - "Some worried over Southern Indiana wood-burning power plant" »

Saturday, January 24, 2009

Ind. Courts - "IHSAA appealing Jasmine Watson ruling"

Jeff Parrott reports today in the South Bend Tribune:

The Indiana High School Athletic Association served notice Friday of its plans to appeal a Dec. 19 St. Joseph Circuit Court ruling allowing senior Jasmine Watson to play for the team.

Jasmine, a 6-foot-3-inch center who has verbally committed to play next year for the University of Massachusetts, transferred from Elkhart Memorial at the start of the school year. Elkhart Memorial refused to sign off on her eligibility, saying it believed she transferred to Washington for primarily athletic reasons, a violation of IHSAA rules.

When the IHSAA agreed, Jasmine sought a preliminary injunction against the ruling in St. Joseph Circuit Court. Her mother, Valerie, who had her hours cut at an Elkhart factory and lost her home to foreclosure, argued that the family moved to South Bend for economic reasons and to be closer to their extended family on the city's west side.

Elkhart Memorial and the IHSAA also alleged Washington Coach Maurice "Mo" Scott exerted "undue influence" by recruiting Jasmine.

But Senior Judge David Matsey ruled in her favor,allowing Jasmine to finally suit up after being allowed only to practice with the team through its first eight games. The team has won all 20 of its contests, most by lopsided margins. * * *

If the IHSAA prevails, Washington would have won with an ineligible player and the association could enforce its "restitution rule," wiping out the victories and any tournament titles. * * *

The Indiana Supreme Court in 1997 upheld the constitutionality of the restitution rule, in a case involving a Lafayette Jefferson High School baseball player.

"Undeniably," the court wrote, "the Restitution Rule imposes hardship on a school that, in compliance with an order of a court which is later vacated, fields an ineligible player. On the other hand, use of an ineligible player imposes a hardship on other teams that must compete against the teams fielding ineligible players."

Posted by Marcia Oddi on January 24, 2009 12:38 PM
Posted to Ind. Trial Ct. Decisions