Indiana High School Athletic Ass'n v. Watson

938 N.E.2d 672, 2010 Ind. LEXIS 800, 2010 WL 5133652
Indiana Supreme Court·Decided December 17, 2010·No. 71S03-1002-CV-119·Published·Cited by 5 cases

Opinions

SHEPARD, Chief Justice.

Jasmine Watson transferred from Elk-hart Memorial High School to South Bend Washington High School and sought an athletic transfer allowing her to participate on the basketball and track teams. The Indiana High School Athletie Association ("IHSAA") ruled her ineligible after determining she transferred for primarily athletic reasons.

Jasmine's mother sued on Jasmine's be-haif and sought a preliminary injunction preventing the IHSAA from enforcing its ruling. The trial court held the IHSAA's decision was arbitrary and capricious, and it granted the injunction. We conclude the trial court improperly reweighed the evidence, and we therefore reverse.

[674] Facts and Procedural History

The details surrounding this dispute are so central to its disposition that we lay them out at more than the usual length.1

Jasmine Watson is an elite athlete who participated on high school basketball and track teams at the varsity level beginning her freshman year. (App. at 97.) She was a junior Indiana All-Star, had interest from prominent NCAA Division I basketball programs, unanimously won all-conference honors her sophomore and junior years, and was on pace to become Elkhart Memorial High School's career shot-block record-holder. (App. at 35, 97, 463, 476.) Jasmine attended Elkhart schools in elementary, middle, and high school until her senior year.

During the summer after her junior year, she played on two AAU teams with other elite players from around the state. (App. at 474-75.) The first team, called "The Family," practiced in Indianapolis, where its coach Kevin Merriweather also coached high school basketball. (App. at 9.) Merriweather's cousin Maurice "Mo" Scott ran the second AAU team Jasmine played for, called "The Soldiers," located in South Bend. (App. at 474-75.) He also ran the Martin Luther King, Jr. Center in South Bend, where Jasmine worked out. (App. at 474-75.) He also served as head coach of the South Bend Washington High Sehool girls junior varsity basketball team. (App. at 477.) In June 2008, Washington named Scott head varsity coach. (App. at 474.)

As early as the end of the 2007-2008 basketball season (Jasmine's junior year), Jasmine and her family displayed displeasure with the Elkhart Memorial basketball program.2

Toward the close of the season in 2008, Jasmine's grandmother visited South Bend Clay High School and spoke with the head basketball coach about Clay's basketball program. (App. at 92.) She explained to Clay's coach Steve Scott that "they" were looking for a school for Jasmine to play basketball "because Elkhart Memorial was not getting Jasmine the ball enough and because they weren't treating her right." (App. at 92.) Jasmine had told her teammates around this same time that she was going to use her grandmother's address in South Bend to play at South Bend Washington. (App. at 92.) She said she wanted to transfer to Washington in order to win a state championship ring. (App. at 98.)

About the same time, Jasmine's mother Valerie Watson became angry with Memorial because it would not help pay for an advertisement about Jasmine in the 2008 Indiana All-Star magazine. (App. at 92-93.) She told several people she planned to take Jasmine to South Bend Washington to play basketball. (App. at 92-98.) Eventually, Memorial did help pay for the ad.

As the Watsons were communicating their frustration with Memorial, Washington representatives tried to convince Jasmine to transfer. Seott regularly took Jasmine aside to talk about transferring saying "it was best for her" and "she would have a better chance of being recruited by the elite colleges if she attended and played for South Bend Washington." (App. at 98.)

At the end of her junior track season, Jasmine's mother told Memorial track [675] coach Tami Gregory that Washington "was pressuring Jasmine to come to that high school to play basketball." (App. at 94.) On May 25, 2008, Washington assistant coach Jose Robles informed several area coaches that Jasmine and two or three players from Michigan City would soon transfer for the coming academic year. (App. at 98.) These players all played on the Soldiers AAU team. (App. at 93.)

On May 27, 2008, Jasmine let her Memorial basketball coach Larry Fielstra know that Seott frequently showed her his state championship ring and told her she needed to come to Washington in order to win one for herself. (App. at 98-94.)

In response to all this, Fielstra visited the Watsons at their home on July 18, 2008 to discuss the rumors about Jasmine transferring to Washington. (App. at 94.) At the meeting, Jasmine again acknowledged that Scott and a Washington fan had been recruiting her. (App. at 94.) She also stated that Ken "Tennessee" Hunt, a coach at the Tolson Center in Elkhart, told her that she should go to South Bend Washington. (App. at 94.)

Jasmine's mother admitted to Fielstra that she had talked to Washington's coaches about having Jasmine's statistics from Memorial transferred to Washington. (App. at 102.) She learned that these would not transfer. (App. at 102.) She further told him that the Memorial coaches' failure to push Jasmine as much as her AAU coaches also affected Jasmine's departure from the school. (App. at 94-95.) Finally, she said that their home was being foreclosed and that she had until November to remain in her home without paying. (App. at 95.) She was, however, already looking for houses. (App. at 95.)

Upon learning that the Watsons would soon lose their home, Fielstra began an effort to keep the family in Elkhart. On July 24, 2008, he talked to Hunt, who subsequently told Jasmine that she would be fine playing at either Washington or Memorial. (App. at 95.) Hunt also told Fielstra that Jasmine's mother had stated she would need help finding a new home and that Jasmine would need to "get the ball more" in order for the family to stay in Elkhart. (App. at 95.)

After talking to Hunt, Fielstra called Valerie and offered his help in finding housing. (App. at 95.) He then contacted several people who all indicated that they or their contacts had rentals in Elkhart available for the Watsons. He gave Valerie their contact information and the addresses of some of the rentals One of them, Tonda Hines, contacted Valerie, but Valerie never followed up with Hines or any of the other names Fielstra gave her. (App. at 95, 108.)

During this time, Jasmine continued to play AAU basketball, including with the Family in Indianapolis, which participated in the Nike nationals in South Carolina. (App. at 474.) She returned home in early August. (App. at 10.) On August 4, Jasmine told Memorial assistant coach Kellie Price that she did not know if she would transfer to Washington but that her mother had rented a home in South Bend. (App. at 96.) Price offered to allow Jasmine to stay with her in order to remain in Elk-hart. (App. at 96.) Jasmine replied that it was "too bad the offer had not been made before" and that if she could not get full eligibility at Washington, she would definitely stay at Memorial. (App. at 96, 103-04.) That same day, as part of Fiels-tra's continued efforts to prevent Jasmine's transfer, he learned that a Butler University coach had known about her move "for some time" before the two coaches' conversation. (App. at 96.)

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Indiana High School Athletic Ass'n v. Watson, 938 N.E.2d 672, 2010 Ind. LEXIS 800, 2010 WL 5133652 (Ind. 2010).

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