Indiana High School Athletic Ass'n v. Martin

741 N.E.2d 757, 2000 Ind. App. LEXIS 2135, 2000 WL 1880559
Indiana Court of Appeals·Decided December 29, 2000·No. 02A03-0001-CV-029·Published·Cited by 5 cases

Opinions

OPINION

SULLIVAN, Judge

Appellant, Indiana High School Athletic Association, Inc. (IHSAA), appeals the trial court’s judgment finding it in contempt of court and imposing an assessment against it as a result of the contempt finding.

We affirm.

Upon appeal, the IHSAA asserts several challenges to the trial court’s judgment which we restate as follows:

(1) Whether the trial court erred when it found the IHSAA in contempt; and
(2) Whether the trial court imposed an inappropriate assessment as a result of the finding of contempt.

I

Facts and Procedural History

This appeal represents the third appeal arising out of the issuance of a preliminary injunction against the IHSAA, its Commissioner Bob Gardner, and Bishop Luers High School and in favor of Martin.1

The facts, as set forth in Indiana High School Athletic Ass’n v. Martin, supra, 731 N.E.2d 1, reveal that Jessah Martin lived with her parents and attended Bell-mont High School (Bellmont) during her freshman, sophomore and junior years. During this time, Martin’s relationship with her parents had seriously deteriorated. In order to escape her dysfunctional home environment, once she turned eighteen, and prior to starting her senior year, Martin moved from her parents’ home and transferred to Bishop Luers High School (Luers) where she planned to participate on the varsity girls’ basketball team. Both Luers and Bellmont High Schools were members of the IHSAA and were located within the same public school district. Accordingly, IHSAA Associate Commissioner Ray Craft imposed Transfer Rule 19-6.22 and granted Martin only junior varsity eligibility at Luers.3 Martin appealed this [761]*761decision and a hearing was held before the IHSAA’s Executive Committee on September 9, 1999.4 The Executive Committee upheld the Associate Commissioner’s decision and granted Martin only limited junior varsity eligibility for a period of 365 days following the date of her last interscholastic participation at Bellmont.

On November 4, 1999, Martin filed a verified complaint seeking declaratory judgment, and preliminary and permanent injunctions. The complaint requested that the IHSAA, Bob Gardner in his capacity as Commissioner of the IHSAA (Gardner), and Mary Keefer in her capacity as Principal of Luers (Keefer), be preliminarily and permanently enjoined from enforcing the decision of the IHSAA which held Martin to be ineligible to participate in varsity level athletics.

On November 22, 1999, the trial court held a hearing on Martin’s request for injunctive relief, and on November 29, 1999, granted Martin’s request for a preliminary injunction. The preliminary injunction read as follows:

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Defendants, the Indiana High School Athletic Association, Inc.; Bob Gardner, in his capacity as Commissioner of the Indiana High School Athletic Association, Inc.; and Mary Keefer, in her capacity as Principal of Bishop Luers High School; and their officers, agents, representatives, employees, and attorneys, and all persons in active concert or participation with them, be and they are hereby temporarily ENJOINED AND RESTRAINED from attempting to enforce, implement or carry out in any manner, directly or indirectly, the decision of the Commissioner of the Indiana High School Athletic Association, Inc. and the ruling of the Executive Committee of the IHSAA upholding said decision, which decision and ruling are to the effect that plaintiff, Jessah Martin, is ineligible to participate in varsity interscholastic athletics at and on behalf of Bishop Luers High School for a period of one year commencing with her enrollment at Bishop Luers High School.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED AND DECLARED that upon the evidence submitted at the hearing of the Executive Committee on September 9, 1999, Jes-sah Martin is eligible under the rules of the IHSAA to immediately participate in varsity interscholastic athletics at Bishop Luers High School. Record at 262-63.

Because Martin had gained the ability to participate in varsity-level athletics pursuant to a court order, the IHSAA was authorized by its By-Laws to apply its Restitution Rule5 to Luers if the preliminary [762]*762injunction were later overturned and Martin ultimately found to be ineligible for varsity-level athletics. Luers, fearing the ramifications of the Restitution Rule, determined that Martin should not be allowed to participate. Because Martin was still not competing in varsity sports after the preliminary injunction was issued, she filed a verified petition for contempt requesting that the trial court find the IHSAA and Bob Gardner in contempt for failure to comply with the preliminary injunction as Martin was being denied the relief the trial court had granted her.

At the contempt hearing, Martin contended that the IHSAA was in contempt for failing to waive its Restitution Rule, claiming that the adverse consequences of the Rule caused Luers to decide that Martin should not be allowed to participate, which produced the same effect as would the IHSAA’s enforcement of its limited eligibility decision under the Transfer Rule. The IHSAA contended that it was not specifically ordered to waive its Restitution Rule, that Martin did not follow the proper administrative procedures to request waiver of the Restitution Rule, that mere existence of the Restitution Rule could not constitute contempt because the Restitution Rule had been determined to be a valid, enforceable rule, and that even though the Restitution Rule might have an indirect effect of causing the school to decide not to allow Martin to participate, it was the school’s decision whether or not she participated.

During the hearing, IHSAA Assistant Commissioner Theresia Wynns testified in response to the question of whether the IHSAA was willing to waive the Restitution Rule. Wynns stated, “At this point we would have to consider all the information and determine if there were compelling evidence to waive that rule.” Record at 842. According to Wynns, schools are familiar with the IHSAA’s rules, should be aware of the Restitution Rule, and based on this awareness “make decisions themselves.” Record at 343. Wynns responded to a question concerning the “chilling effect” of the Restitution Rule on schools by stating that she was “sure that they have considered [the Restitution Rule], but I cannot say that it has a chilling effect ... I cannot give a degree of effect on that particular school.” Record at 344. Wynns further testified that a school with the potential for winning a State championship would consider the Restitution Rule and agreed that a student might never receive the benefit of an injunction if a school chose not to allow the student athlete to participate because of the Restitution Rule. Concerning the detrimental effect of the Restitution Rule, Wynns further testified:

Q .... is it your position that the Restitution Rule does not have any detrimental effect on Bishop Luers’ decision to play Jessah Martin, is that correct?
A.

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Indiana High School Athletic Ass'n v. Martin, 741 N.E.2d 757, 2000 Ind. App. LEXIS 2135, 2000 WL 1880559 (Ind. Ct. App. 2000).

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