IND. HIGH SCHOOL ATHLETIC ASS'N, INC. v. Martin

765 N.E.2d 1238, 2002 Ind. LEXIS 293, 2002 WL 532231
CourtIndiana Supreme Court
DecidedApril 10, 2002
Docket02S03-0106-CV-312
StatusPublished
Cited by22 cases

This text of 765 N.E.2d 1238 (IND. HIGH SCHOOL ATHLETIC ASS'N, INC. v. Martin) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
IND. HIGH SCHOOL ATHLETIC ASS'N, INC. v. Martin, 765 N.E.2d 1238, 2002 Ind. LEXIS 293, 2002 WL 532231 (Ind. 2002).

Opinions

ON PETITION TO TRANSFER

SULLIVAN, Justice.

The trial judge in this case found the IHSAA in contempt of court for seeking to enforee its "restitution rule." The restitution rule permits the IHSAA to forfeit a school's victories and titles won with an ineligible student where a trial court injunction allowing the ineligible student to play is later reversed or vacated. We upheld the validity of the restitution rule in two decisions five years ago,; the IHSAA was not in contempt.

Background

Appellant, Indiana High School Athletic Association (IHSAA), is an Indiana voluntary, not-for-profit corporation open to all private, public, parochial, boarding, and institutional high schools of the State of Indiana. Its purpose is to encourage, regulate, and give direction to wholesome amateur interschool athletic competition between its member schools. Membership in the IHSAA is contingent upon compliance with its rules. Both Bishop Luers High School, a parochial school, and Bellmont High School, a public school, are member schools.

Appellee, Jessah Martin, is an eighteen year old high school senior. Martin lived with her parents and attended Bellmont High School for her first three years in high school. As a result of "mental and emotional stress," Martin transferred to Bishop Luers High School ("Bishop Luers"), for her senior year, where she wanted to play on the varsity girls' basketball team. She also moved in with her former coach, Harry Miller, and his wife. Martin's transfer triggered IHSAA Rule 19 ("the transfer rule"), which restricts participation in interschool athletic competition by students who transfer from one school to another.1 She was granted "limited" eligibility by the IHSAA. As such, she was allowed to compete on the junior varsity basketball team but not the varsity team for a period of 365 days from her last participation in varsity athletics.

On September 9, 1999, Martin appealed the IHSAA's decision that she was ineligible to compete on the Bishop Luers varsity basketball team to the IHSAA Executive Board. She argued that she qualified to play varsity basketball under IHSAA Rule 17-8 ("the hardship rule"). After a review [1240]*1240of the merits, IHSAA determined that Martin failed to demonstrate entitlement to participate under the hardship rule.

On November 4, 1999, Martin filed a Verified Complaint for Injunctive Relief in the Allen Superior Court. On November 29, 1999, the trial court found that Martin was eligible to play varsity athletics under the rules of the THSAA and granted Martin a preliminary injunction. In relevant part, the injunction:

"[Tlemporarily ENJOINED AND RESTRAINED [IHSAA] from attempting to enforce, implement or carry out in any manner, directly or indirectly, the decision of the.... [IHSAA] to the ef-feet that plaintiff, Jessah Martin, is ineligible to participate in varsity interscholastic athletics at and on behalf of Bishop Luers High School for a period commencing with her enrollment at Bishop Luers High School." (R. at 263.)

Bishop Luers decided not to allow Martin to play on the varsity basketball team. Fearing the ramifications of IHSAA Rules 3-9 and 17-6 ("restitution rule"),2 the school was of the view that to allow Martin to play exposed it to the risk that if the injunction were reversed or vacated on appeal, it would have to forfeit games and awards won with Martin's participation.

On December 9, 1999, the IHSAA appealed the court's order. Viewing this filing as prohibited by the court's injunction because the appeal constituted the "first step to enforce the [rJestitution Martin filed a Verified Petition for Contempt of Court. On January 21, 2000, the trial court issued its Order or Judgment of the Court (Contempt Judgment) in which it found that the IHSAA had "willfully and contemptuously disregarded [the trial court's] [olrder by foreing [Bishop Luers] to comply with the IHSAA's original decision that Jessah Martin is ineligible to participate in varsity interscholastic athletics." (R. at 301.) The trial court assessed IHSAA $500.00 per day, from the date of the filing of its Precipice for Appeal. The fine was to be paid directly to Jessah Martin, for the period of time that IHSAA remains in contempt of the initial order.

The Court of Appeals upheld the trial court's actions as an appropriate sanction. See Indiana High School Athletic Ass'n, Inc. v. Martin, 741 N.E.2d 757, (Ind.Ct.App.2000), transf. granted, 753 N.E.2d 18 (Ind.2001)(table). Judge Vaidik dissented from the decision of the Court of Appeals. Relying heavily on Indiana High School Athletic Ass'n, Inc. v. Carlberg, 694 N.E.2d 222 (Ind.1997), and Indiana High School Athletic Ass'n, Inc. v. Reyes, 694 N.E.2d 249 (Ind.1997), Judge Vaidik correctly argued that the trial court abused its discretion in finding IHSAA in contempt and that the $500.00 per day assessment was impermissibly punitive. See Martin, 741 N.E.2d at 773-775. We granted transfer and now adopt Judge Vaidik's dissent.

Discussion

I

In its appeal, the IHSAA asserts several challenges to the trial court's judgment, including that (1) the preliminary injunetion did not order it to waive the restitution rule, (2) it did not willfully violate the preliminary injunction, and @) the trial court's finding of contempt violated the [1241]*1241Reyes and Carlberg decisions.3

In order to be held in contempt for failure to follow the court's order, IHSAA must have willfully disobeyed the court order. See Meyer v. Wolvos, 707 N.E.2d 1029, 1031 (Ind.App.1999), transf. denied. The order must have been so clear and certain that there could be no question as to what IHSAA must do, or not do, and so there could be no question regarding when the order is violated. Martinal v. Lake O' The Woods Club, Inc., 248 Ind. 252, 254, 225 NE.2d 183, 185 (1967); Consolidated Rail Corp. v. Estate of Martin, 720 N.E.2d 1261, 1265 (Ind.Ct.App.1999); Meyer, 707 N.E.2d at 1031.

In this case, the trial court's preliminary injunction enjoined and restrained IHSAA "from attempting to enforce, implement or carry out in any manner, directly or indirectly, .... [its] decision .... and ruling .... to the effect that.... Martin is ineligible to participate in varsity interscholastic athletics at and on behalf of Bishop Luers High School for a period of one year commene-ing with her enrollment at Bishop Luers High School." (R. at 262-268.)

The trial court's initial order made no mention of the restitution rule. As observed by Judge Vaidik:

"[Blefore the contempt finding, the IHSAA could not have reasonably known that the court's order required it to waive its restitution order. This is even more convincing when it is clear that Martin, in her complaint, asked the court to enjoin the IHSAA from enforcement of the restitution rule yet the court, apparently in compliance with Carlbery did not specifically do so."

Martin, 741 N.E.2d at 757.

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765 N.E.2d 1238 (Indiana Supreme Court, 2002)

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765 N.E.2d 1238, 2002 Ind. LEXIS 293, 2002 WL 532231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ind-high-school-athletic-assn-inc-v-martin-ind-2002.