Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade

51 N.E.3d 1225, 2016 Ind. App. LEXIS 66, 2016 WL 930971
CourtIndiana Court of Appeals
DecidedMarch 11, 2016
Docket45A03-1503-PL-84
StatusPublished
Cited by3 cases

This text of 51 N.E.3d 1225 (Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade, 51 N.E.3d 1225, 2016 Ind. App. LEXIS 66, 2016 WL 930971 (Ind. Ct. App. 2016).

Opinion

ROBB, Judge.

Case Summary and Issues

[1] The Indiana High School Athletic Association (“IHSAA”) appeals the trial court’s order granting a preliminary injunction in favor of Hammond High School (“Hammond”), Griffith High School (“Griffith”), and individual players from each school’s basketball team. The preliminary injunction prohibited the IHSAA from enforcing its suspension of Hammond and Griffith from the 2015 boys’ basketball state tournament. The IHSAA contends the trial court erred in granting the preliminary injunction because neither the schools nor their students demonstrated a likelihood of success on the merits. In the alternative, the IHSAA argues the trial court erred in granting the preliminary injunction in favor of the students because the students lack standing and are not the real parties in interest. Concluding the students no longer have a legally cognizable interest in the outcome of this case, we *1228 remand with instructions to dismiss the students’ claims as moot. As for the schools, we agree the trial court erred by concluding the schools demonstrated a likelihood of success on the merits; on the schools’ claims, we reverse and remand for proceedings consistent with this opinion.

Facts and Procedural History 1

[2] Both Hammond and Griffith are voluntary members of the IHSAA. On Saturday, February 7, 2015, the Hammond varsity boys’ basketball team played the Griffith team at Griffith. A Hammond player fouled a Griffith player during the game, which caused the Griffith player to slam into the padded wall behind the basket and fall onto the floor. 2 Thereafter, members of both teams left the bench area and began fighting on the court. Coaches, parents, and fans entered the court during the altercation. Officials ended the game, and the schools suspended the students who were involved on the following Monday. Each student received a five-day out-of-school suspension.

[3] The IHSAA promptly summoned Hammond and Griffith officials to IHSAA headquarters to review the circumstances of the incident. The meeting agenda listed four IHSAA rules to be discussed: Rule 3-1, Rule 3-6, Rule 8-1, and Rule 8-4. Rule 3-1 requires “each member School to control its athletic program in compliance with the rules and regulations of the Association.” Appendix at 282. Rule 3-6 provides in relevant part, •

The member School’s responsibility for the conduct of its athletic program includes responsibility for the actions of its staff members, its participants, and any other individual or organization actively engaged in activities promoting the athletic interests of the member School. A member School’s “responsibility” includes the responsibility of instituting full and complete team and crowd control measures at all Contests in which such member School participates, assuring that the participants, staff and boosters of the member School conduct themselves at all times in a proper and sportsmanlike manner....

Id. Rule 8-1 states a student’s conduct “in and out of School, shall be such as (1) not to reflect discredit upon their School or the Association, or (2) not to create a disruptive influence on the discipline, good order, moral or educational environment in the School.” Id. at 296. And finally, Rule 8-4 provides in relevant part,

a. Any contestant, coach, Contest Administrator or School Administrator who is ejected from a Contest for an unsportsmanlike act the first time during a sport season shall be suspended for the next Contest at that level of competition and all other Contests at any level in the interim, unless an IHSAA sport-specific rule or policy provides a different protocol or penalty for a first ejection. * ⅜ *
c. Any contestant, coach, Contest Administrator or School Administrator who is ejected from a Contest for an unsportsmanlike act a second time during a sport season shall be suspended for the next two (2) Contests at that level of competition and all other Contests at any level in the interim, unless an IHSAA sport-spe *1229 cific rule or policy provides a different protocol or penalty for a second ejection.
d. This penalty shall be in addition to any other penalties assessed.

Id. at 296-97 (emphasis added). Rule 8-4 is a somewhat recent addition to the IHSAA rules, adopted as an emergency regulation on June 26, 2014. The agenda also cited NFHS Basketball Rule 10^1.5, 3 which defines a “bench technical” as a “flagrant foul” occurring when a player “[ljeaves the confines of the bench during a fight or when a fight may break out.” Appellees’ Joint Appendix at 2.

[4] IHSAA Commissioner Bobby Cox (“Commissioner”) met with the schools on February 10 and issued two separate decisions the following day. The Commissioner’s decisions are substantially the same, concluding both Hammond and Griffith violated IHSAA Rules 3-6 and 8-1 and NFHS Basketball Rule 10-4.5. The Commissioner imposed the same penalties with regard to each school: (1) suspending participation in the state tournament; (2) can-celling each school’s remaining regular season games; (3) declaring the February 7 game a double forfeit; (4) requiring each basketball coach to complete a “Teaching and Modeling Behavior” course; (5) requiring each varsity boys’ basketball player to complete a “Sportsmanship” course; (6) strongly encouraging all other boys’ basketball players to complete a “Sportsmanship” course; and (7) placing both schools on probation for the entire 2015-16 school year. App. at 223-26. The Commissioner issued these sanctions pursuant to IHSAA Rule 17-7.1, which provides,

For violation of a rule or disregard of a decision or directive made under these rules, some or all of the following action may be taken.
a. The student may be declared ineligible to participate in interschool athletics for a period not to exceed Three-hundred Sixty-five (365) days.
b. A coach may be prohibited from directing an athletic team which participates in interschool athletics.
c. A member School may be:
(1.) prohibited from certain inter-school athletic participation; or (2.) warned; or
(3.) fined, including the forfeiting of revenues generated from the Association; or
(4.) suspended or placed on Probation for a period not to exceed Three-hundred Sixty-five (365) days by the Association.
d. The Association may take any appropriate disciplinary or remedial measures or impose, or direct the imposition of, appropriate sanctions or penalties.

Id. at 329 (emphasis added).

[5] Griffith and Hammond, on February 13 and 14, respectively, requested an appeal to the IHSAA Review Committee (“Review Committee”). Pursuant to IHSAA Rule 17-4.1, “Any affected party

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51 N.E.3d 1225, 2016 Ind. App. LEXIS 66, 2016 WL 930971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indiana-high-school-athletic-association-inc-and-hammond-gavit-high-indctapp-2016.