Morgan v. OKLAHOMA SECONDARY SCHOOL ACTIVITIES ASS'N

2009 OK 21, 207 P.3d 362, 2009 Okla. LEXIS 21, 2009 WL 855986

• Court: Supreme Court of Oklahoma
• Decided: March 31, 2009
• Docket: 106,747
• Status: Published

Opinions

EDMONDSON, C.J.

[ 1 The Oklahoma Secondary School Activities Association (Association) appeals from an order of the trial court restraining the enforcement of Association's "transfer rule" under which high school student-athlete, Shelby Jo Morgan, was declared ineligible to play on the varsity basketball team at Salli-saw High School to which she had transferred. Shelby and her parents, Joe and Darla Morgan (Morgans) sought and were granted injunctive relief from the trial court after the Board of Directors of the Association denied their application for a hardship exception to the rule. The dispositive issue before us is whether the trial court erroneously granted the temporary injunction. We find that it did and we reverse and vacate the order.

12 In light of the upcoming state basketball tournament, this Court granted the Association's motions to retain and expedite this appeal as the participation of an ineligible student may result in forfeiture of games, therefore risking harm to other schools as well as to Sallisaw High School, if the injunction were to be reversed.

1 3 The Association is a voluntary unineor-porated association comprised of 483 secondary schools within Oklahoma; all public schools, including Sallisaw High School, are members as are many nonpublic schools, both private and religious. The Association was established for the primary purpose of providing effective coordination, leadership, supervision and regulation for secondary school activities, including athletics, for its member schools. The Association has a constitution, and extensive rules and regulations to which all member schools have agreed to be bound. In order to become a member of the Association, a school must file a resolution adopted by the board of education for its district which authorizes the membership and directs the administrative head of that school to comply with the rules, regulations and requirements of the Association. Article VI, Section 4(g) of the Association's Constitution provides that the Board of Directors "shall have the authority to interpret the provisions of the Constitution and the Rules of the Association, as well as the Policies and Procedures adopted by the Board, investigate alleged violations and shall be the final judge as to whether a violation has occurred."

4 For athletics, the Association regulates interscholastic competition between schools and, among other things, it sets eligibility rules, establishes athletic divisions and holds state play-offs and championships. The rules of the Association governing athletic eligibility are intended to avoid disruption of academic progress, discourage an overemphasis on athletics to the detriment of other educational concerns, preserve athletic participation opportunities, prevent recruitment of students, and protect students from exploitation. Hardship Manual, IV, p. 68. In addition to age and academic requirements, athletic eligibility is established and maintained by residence, which is generally determined by the bona fide residence of the student's parents or legal guardian. Rule 8, at issue here, provides that a student who has established athletic eligibility at a secondary school and then transfers to another school is ineligible for one full school year at the new school.

15 In recognition of the fact that some students will be compelled to transfer to other schools by reason of hardships beyond the control of the student or parent, the rules of the Association authorize the Board of Directors to grant exceptions to the application of Rule 8 and to reinstate a student's eligibility upon a finding that cireumstances exist where application of the rule would "work an undue hardship on the student, or that the application of the rule would otherwise fail to accomplish the purposes for which it is intended." Rule 8, See. 8(a). The rules provide for the Board's establishment of written criteria and procedures for the evaluation and determination of applications submitted for approval of this hardship exception. The particular written criteria established by the Board for granting a hardship exception or waiver to a student-athlete are set out in the Association's Hardship Waiver Manual, See. VI(D)(2), pp. 69-70, as follows:

(1) A legitimate need to care for seriously ill or infirm relatives.

(2) An unstable home environment in which the physical and/or emotional health of the student is at serious risk.

(3) A substantial negative change in the financial condition of the parents, or eusto-dial parent or court-appointed guardian with legal custody of the student.

(4) Remaining in a school district where the student is established.

(5) Placement in a different residence by order of court or a supervising government agency.

(6) A professional staff member's recommendation that the student who is undergoing chemical abuse rehabilitation transfer to another school because a program necessary to the student's health or rehabilitation is not available at the student's current sehool.

(7) A sincere desire to continue a course of study, program, or activity in which the student was already actively involved which is not available at any school in the district or area in which the parents, or ... guardian ... have established a bona fide residence, or which is no longer available at the student's previous school.

(8) An annexation, redistricting, or school closing affecting that student.

T6 Following each stated criterion, the Manual sets forth a detailed description of the type of documentation and information describing and verifying the student's situation which must be submitted by the student in support of the request based thereon. The Manual additionally provides for the possibility of a hardship waiver to be granted by reason of:

(9) Any other cireumstance beyond the control of the student which creates an unavoidable hardship for that student.

T7 Again, the burden is expressly placed on the student and his or her family to demonstrate the existence of a hardship within the intention of the rules, as follows:

"Documentation verifying the relevant facts and explaining the impact upon the student in question must be submitted. Consideration will be given only if special cireumstances beyond the control of the student create an unavoidable hardship. Exceptions will be a rarity." Id. at 70.

T8 Additionally, the Hardship Manual expressly provides that a hardship waiver request "will not be considered or approved" where the cireumstances are that there is "discontentment with [the] school in which the student's eligibility has been established." Id., See. VI(D)(2), at p. 71.

T9 The material facts are not in dispute. In 2008, Shelby Morgan was a junior at Central High School where she played varsity softball and varsity basketball. On February 1, an altercation between her father and a member of the School Board of the Central Public Schools occurred following a game played at another school. Officials from Central High School, including the Superintendent, Max Tanner, as well as officials from the host school district and security officers from that community, ultimately intervened and Mr. and Mrs. Morgan were asked to leave the school. The dispute arose from comments about the basketball coach that Mr. Morgan made to another parent. Shelby was not present during this altercation and she did not cause the problem which arose between the adults that evening.

{10 As a result of that event, Mr. Tanner asked the Morgans to come to the school for a meeting so they could all discuss the situation and establish standards of conduct that would be required for their attendance at future games, but the Morgans refused to attend the meeting. Mr. Tanner then sent them a letter ordering them to stay off school property and away from school activities, including athletic events. They were advised that they could appeal the superintendent's decision to the school board, but they did not appeal. They followed the directive of the letter and did not attend the next basketball game which was held on February 5.

T11 At that game, Shelby suited up, but during pregame warm-ups she decided that playing without the support and encouragement of her parents in attendance was too upsetting, and she quit the team before the game started. Although she did not participate in any varsity sports, Shelby continued to attend Central High School for another two months, until she withdrew and transferred to Sallisaw High School on April 4, 2008. At that time, a Hardship Waiver Application was submitted on Shelby's behalf to the Association for reinstatement of her athletic eligibility, which relied on the general provision of section VI(A)(9) in the Hardship Manual of a "cireumstance beyond the control of the student which ereates an unavoidable hardship for that student."

€12 While those material facts set forth above are not controverted, the underlying factual cireumstances surrounding the February 1 altercation and its aftermath-who was at fault, who said what to whom and when, who did what during and after the arguments, who did or did not try to resolve this matter before it got out of hand, etc..are disputed and that dispute has been the focus and substance of the Morgans' efforts before the Association and of this subsequent judicial action.

113 In a letter submitted in support of Shelby's Hardship Application, Mr. Morgan contended that the situation involving the administration of Central High School and himself and his wife came within the rule because it was a cireumstance "beyond the student's control." In regard to that situation, he complained that the administration had overreacted and acted beyond its authority in issuing its letter banning them from school property and athletic events, and he stated that the letter had caused Shelby emotional turmoil and stressful hardships which had affected her academically and athletically, resulting in her nonparticipation in athletics at Central High School.

14 The Association denied the hardship waiver by letter dated May 14, 2008, for failure to submit information which met the criteria for eligibility, and Shelby was advised that she could participate only in non-varsity athletics until the one-year ineligibility period was over. In September, 2008, the Morgans appealed to the Board of Directors and hearing was held before the Board on September 10, 2008, in which Shelby and her parents testified and offered evidence in support of their position that the altercation was not started by the fault of Mr. Morgan and that the superintendent acted unfairly in his resolution of the situation. Additionally, Mr. Morgan and Shelby testified that they had been unhappy previously with the Central High School basketball coach who was the also the softball coach. The Board denied their appeal.

{15 The Morgans then sought an order from the District Court of Sequoyah County restraining the Association from enforcing of its ruling that Shelby was ineligible to participate in varsity athletics at Sallisaw High School. That court issued a temporary restraining order and, after subsequent hearing, issued the temporary injunction against the Association which is on appeal here.

{16 The Association maintains that a student's participation in interscholastic athletics is not a right but a mere privilege which is subject to the eligibility rules promulgated by the Association, and that the determination of the proper application and enforcement of those rules and their exceptions should be made by the Association, not the courts.

(17 We agree. It is fundamental that voluntary unincorporated associations such as the Oklahoma Secondary School Association, through their members, are free to adopt rules that govern their interaction and that they are free to enforee those rules without undue interference by the courts. It is provided at 6 Am.Jur. 2"4, Associations and Clubs, see. 27, that:

"As a general rule, courts refrain from interfering in the internal affairs of voluntary associations, and unless the property or pecuniary rights of member are involved, the decisions of the tribunals of an association with respect to its internal affairs will, in the absence of mistake, fraud, illegality, collusion, or arbitrariness, be accepted by the courts as conclusive."

T 18 We have long upheld the requirement of judicial deference to the actions of the Association in the exercise of its authority to establish and enforce its rules controlling students' athletic eligibility. See Morrison v. Roberts, 1988 OK 458, 82 P.2d 1023 (extraordinary relief granted by trial court would not lie against athletic association's enforcement of its order declaring student ineligible for one year for violation of its rule prohibiting acceptance of award); Oklahoma Secondary School Activities Association v. Midget, 1972 OK 154, 505 P.2d 175 (injunctive relief not warranted to prevent Association's enforcement of violation of eligibility rules by declaration of forfeiture of football game); Mahan v, Agee, 1982 OK 116, 652 P.2d 765 (injunctive relief not warranted for Association's denial of student's application for waiver of age eligibility rule based on alleged hardship) Mozingo v. Oklahoma Secondary School Activities Association, 1978 OK CIV APP 8, 575 P.2d 1379 (injunctive relief not warranted for Association's denial of requests by two football players for hardship exceptions to application of Rule 8); Brown v. Oklahoma Secondary School Activities Association, 2005 OK 88, 125 P.3d 1219 (injunctive relief not warranted to prohibit Association from enforcing its order suspending athlete from participation in two football games for unsportsmanlike conduct).

T 19 In Brown, we stated:

"Regarding judicial interference with a voluntary association, we have long abided by the general rule that the courts should not intervene except to ascertain whether association proceedings are conducted pursuant to the rules and laws of the organization, in good faith and lawfully. Absent fraudulent, collusive, unreasonable, arbitrary or capricious behavior, this Court may not overturn a voluntary association's enforcement of its rules. We may not interject ourselves into the Association's internal affairs if the rules are reasonable, lawful, in keeping with public policy and are interpreted fairly and reasonably and enforced uniformly and not arbitrarily." Id. at 1224.

T 20 In Morrison v. Roberts, 1938 OK 458, 82 P.2d 1023, the Court spoke to the issue of the proper role of the judiciary in consideration of the rules of a voluntary athletic association as well as to the rights of the individual student versus the power of the association to control eligibility, and stated the following:

The courts generally should leave the final authority in the athletic official or board, with whom that authority is placed by those who had authority to make the rules and authorize the method of application and enforcement.

The plaintiff has many rights as a citizen and as a high school student, but he has no vested right in "eligibility" as dealt with at such great length in the rules of the Oklahoma High School Athletic Association. The defendant board of control was clothed with ample authority to so construe, apply, and enforce this rule, with its specific provision for "ineligibility" for one year.

These rules are subject to change if the member schools desire a change. This may be done at the annual meeting or by referendum vote according to specific provision. But so long as these member schools ... desire to attach all of these many conditions, limitations, and restrictions on their "eligibles," then surely they should be permitted to do it, so far as the courts are concerned. There is nothing unlawful or evil in any of those rules nor in the provision resting final authority in the board of control. Surely the schools themselves should know better than anyone else the rules under which they want to compete with each other in athletic events. And doubtless every one of these rules is founded upon reasons wholly satisfactory to the member schools. And if the officials of the various high schools desire to maintain membership in the association, and to vest final rule enforcement authority in the board of control, then, so far as affects the affairs of the association, the courts should not interfere. Id. at 1025.

121 The standard of review for the issuance of a temporary injunction is whether the trial court abused its discretion or entered a decision against the evidence. Brown, 125 P.3d at 1225. There is no evidence of fraud or collusion or of action by the Association that was unreasonable, arbitrary or capricious. The Morgans were not entitled to injunctive relief and the trial court abused its discretion by intruding into the affairs of the Association. The trial court erred in granting the injunction. Under the above authorities, the Association must be allowed to enforce its rules and orders without undue interference by the courts. The injunction is vacated and the matter is reversed with instructions to enter judgment for the Association.

22 EDMONDSON, C.J., TAYLOR, V.C.J., OPALA, WATT, WINCHESTER, COLBERT, JJ., Concur. 123 HARGRAVE, KAUGER, REIF, JJ., Dissent.