DeLaTorre v. Minnesota State High School League

202 F. Supp. 3d 1046, 2016 WL 4394158, 2016 U.S. Dist. LEXIS 108766
CourtDistrict Court, D. Minnesota
DecidedAugust 16, 2016
DocketCivil No. 16-235 (JNE/KMM)
StatusPublished
Cited by2 cases

This text of 202 F. Supp. 3d 1046 (DeLaTorre v. Minnesota State High School League) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeLaTorre v. Minnesota State High School League, 202 F. Supp. 3d 1046, 2016 WL 4394158, 2016 U.S. Dist. LEXIS 108766 (mnd 2016).

Opinion

ORDER

JOAN N. ERICKSEN, United States District Judge

This is an action by Franco Torrescano DeLaTorre against the Minnesota State High School League; its executive director, David Stead; and its associate director, Craig Perry (collectively, Defendants). De-LaTorre asserted claims against them under 42 U.S.C. § 1983 (2012) for violations of his right to due process under the Fourteenth Amendment. He also asserted a claim against the League for breach of contract. The action arises out of the determination, at the beginning of the 2015-16 academic year, that • DeLaTorre was ineligible to participate in interscholastic [1049]*1049varsity athletic competition. Several months later, the League granted him eligibility for the remainder of the academic year. The case is before the Court on Defendants’ Motion to Dismiss. For the reasons set forth below, the Court dismisses DeLaTorre’s due process claim with prejudice. The Court dismisses his claim for breach of contract without prejudice.

I. BACKGROUND1

DeLaTorre is 18 years old and a junior at Cretin-Derham' Hall High School (CDH). His mother ánd father were divorced in Mexico in 2008. In 2012, DeLa-Torre, his mother, and his sister moved to the United States with his father’s permission. The same year, his mother and father agreed that he would return to Mexico to live with his father for one year of high school.

DeLaTorre attended ninth grade at CDH. After he completed ninth grade, his stepfather reviewed League bylaws, which the stepfather found online. The bylaws reviewed by the stepfather defined a “transfer student” as “one who discontinues enrollment and attendance in any high school, public or non-public, located in a public school district attendance area and enrolls and attends, classes in any other high school in Minnesota.”2

DeLaTorre moved to Mexico in 2014 to live with his father. He attended - tenth grade there. DeLaTorre decided that he wanted to return to CDH for his junior year and to play soccer for the school. After he completed tenth grade in Mexico, his mother and father agreed that it was in DeLaTorre’s best interest to return to CDH.

In spring 2015, DeLaTorre contacted CDH and started the enrollment process. In July 2015, his stepfather contacted CDH to confirm that DeLaTorre would be eligible to play varsity soccer.

On July 16, 2015, CDH’s athletic director wrote to Perry to inform him of DeLaTorre’s return to CDH and to confirm DeLaTorre’s eligibility for varsity competition at CDH during the upcoming academic year. On July 20, Perry responded to CDH’s athletic director, stating that CDH’s eligibility interpretation was incorrect, that DeLaTorre had two transfers, and that DeLaTorre was ineligible to compete at the varsity level at CDH for the 2015-16 academic year. CDH responded to Perry the same day. CDH disagreed with Perry’s determination of ineligibility, noted that the League’s bylaws allow a student to use a divorce waiver once during grades 9-12,3 stated that DeLaTorre had [1050]*1050not used the divorce waiver, and indicated that DeLaTorre sought to apply the divorce waiver to his transfer from the school in Mexico to CDH. The same day, Perry responded, “The divorce custody option is used when [DeLaTorre] transferred to the school in Mexico. Now he transfers back to your school and he has a one-year varsity competition suspension.”

On August 5, Perry informed CDH that the League would not consider DeLa-Torre’s request for a hearing to challenge Perry’s determination that DeLaTorre was ineligible for varsity competition until the start of the fall athletic season. The League’s policy procedures for determining eligibility of transfer students state that “[transfer eligibility determinations and transfer eligibility appeals can only be submitted to the League after the student has completed the transfer. A transfer is considered complete when the student attends school at the Receiving School or participates in a fall sport practice prior to the first day of school for the school year.”

On August 17, which was the first day of the fall athletic season, CDH submitted a student transfer form to the League. On the form, CDH identified DeLaTorre as a transfer student and recited his mother’s description of where DeLaTorre had lived and attended school from 2003, when his parents divorced, to 2012, when he moved to the United States. Near the end of the form, CDH indicated that DeLaTorre was ineligible for varsity competition:

In consideration of all of the above, the designated school representative has determined the student be:
Ineligible for varsity competition for 100% of the varsity games scheduled for one full calendar year

Three days later, the League responded to CDH and agreed with the determination of ineligibility.

In addition to the student transfer form, CDH submitted a request for a hearing to the League on August 17. CDH’s athletic director submitted the request with the following e-mail to Perry:

I just filled out the online form for ... DeLaTorre.
On the online form I selected foreign/Intemational: outside of US to Minnesota. [Then] I selected Other since he didn’t fit the other options. I pasted the student[’s] situation in the text box.
I declared him ineligible to play varsity but eligible to play JV and B.
The student attended CDH as a 9th grader and played 10th grade soccer. He lived with Dad for a year in Mexico and moved back to attend CDH for his junior year. The information as to why he moved to Mexico for one year with his Dad is listed in the attached document. I am requesting a fair hearing for him due to the fact that [he] does not meet the criteria for an appeal.
Attached, you will find 3 documents:
1) Request for a hearing and the situation regarding why he went to Mexico for a year.
2) Attached is the divorce decree, first in Spanish and then in English. I am not able to use the divorced parents option to be eligible for varsity competition since the decree does not list the specific language as is needed by the league.
3) [DeLaTorre’s] transcript from his year in Mexico.

On September 2, Perry informed CDH that the request for a hearing was denied and that a letter with additional information would follow in three to five business days.

On September 14, CDH contacted Perry to ask why it had not received the prom[1051]*1051ised letter. DeLaTorre’s stepfather made several telephone calls to the League during the week of September 14 to ask why the promised letter had not been provided to CDH. The stepfather also wrote an email to the League on September 16 in which he noted that the promised letter had not been provided, that he was still perplexed by the ineligibility determination and the denial of a hearing, that rules attached to the e-mail indicated DeLa-Torre was not a transfer student because DeLaTorre left Minnesota, and that “the one time exception for a custody situation” should apply.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
202 F. Supp. 3d 1046, 2016 WL 4394158, 2016 U.S. Dist. LEXIS 108766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delatorre-v-minnesota-state-high-school-league-mnd-2016.