Revesz v. PA. INTERSCHOLASTIC ATHLETIC ASS'N, INC.

798 A.2d 830
CourtCommonwealth Court of Pennsylvania
DecidedMay 21, 2002
StatusPublished
Cited by4 cases

This text of 798 A.2d 830 (Revesz v. PA. INTERSCHOLASTIC ATHLETIC ASS'N, INC.) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Revesz v. PA. INTERSCHOLASTIC ATHLETIC ASS'N, INC., 798 A.2d 830 (Pa. Ct. App. 2002).

Opinion

798 A.2d 830 (2002)

Ashley REVESZ, a minor, and Lauren REVESZ, a minor, by Daniel and Kathy Revesz, Their parents and natural guardians,
v.
PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC., Appellant.

Commonwealth Court of Pennsylvania.

Argued February 12, 2002.
Decided May 21, 2002.

*831 Helen M. Gemmill, Harrisburg, for appellant.

Craig M. Lee, Pittsburgh, for appellees.

BEFORE: PELLEGRINI, Judge, COHN, Judge, and DOYLE, Senior Judge.

OPINION BY Senior Judge DOYLE.

The Pennsylvania Interscholastic Athletic Association, Inc. (the PIAA)[1] appeals an order of the Court of Common Pleas of Allegheny County that entered a preliminary injunction enjoining the PIAA from prohibiting Appellees Ashley and Lauren Revesz (the Reveszs) from participating in interscholastic athletics during the 2001-2002 school year.

The relevant facts are as follows. In March of 1999, the Revesz family purchased a home in Crafton, Allegheny County, in the Carlynton School District. Because Mr. Revesz was informed, in July of 2000, that his commission sales would be substantially cut in his job selling commercial time for a television station, the Revesz *832 family listed their home in Crafton for sale in the same month, before the Reveszs enrolled in Carlynton High School. In the fall of 2000, Ashley enrolled as a sophomore and Lauren enrolled as a freshman at Carlynton High School, and, during the 2000-2001 school year, the Reveszs played varsity basketball there.[2] After taking their home off the market in November 2000, and then putting their home back on the market in April 2001, the Revesz family sold their home and moved from Crafton in the Carlynton School District to Bridgeville in the Chartiers Valley School District on August 15, 2001. On August 22, 2001, the Reveszs transferred from Carlynton High School to Chartiers Valley High School and, because they were not immediately eligible to play interscholastic basketball for Chartiers under Sections 3 through 9 of the PIAA's By-Laws, on August 29, 2001, Chartiers submitted "Athletic Transfer Waiver Request" forms for the Reveszs.[3] The principal of Carlynton High School refused to certify that the transfer did not result from recruiting or for any athletic purpose because he believed that the Reveszs' transfer was at least in part for an athletic purpose, based upon advice given to him by Coach Michael McConnell. Therefore, the Western Pennsylvania Interscholastic Athletic Association Board of Control (Board of Control) held a hearing on October 1, 2001, to *833 consider whether the Reveszs' transfers violated the "Transfer Rule" found in Article VI, Section 11 of the PIAA's By-Laws.[4] The Board of Control found that the transfers were motivated, at least in part, for an athletic purpose and that the Reveszs were ineligible to participate in interscholastic athletics at Chartiers for a period of one year from the date of transfer, August 22, 2001. Chartiers appealed the decision to the PIAA's Interscholastic Athletic Association Board of Appeal (Board of Appeal) and, at a hearing held on November 16, 2001, the Reveszs' parents testified and submitted documentary evidence to establish the circumstances of their move to Bridgeville. By letter dated November 20, 2001, the Executive director of the PIAA informed the principal of Chartiers that the Board of Appeal had determined that the transfer of the Reveszs was based on the financial condition of the family as well as a desire to avoid playing basketball for the head coach of Carlynton. Specifically, the Board of Appeal made the following relevant findings of fact:

8. During the 2000-01 basketball season, Dan Revesz, the father of Lauren and Ashley Revesz, criticized Michael McConnell, the basketball coach at Carlynton, for not allowing Lauren and Ashley to shoot enough and regarding playing time for Ashley.
9. Mr. and Mrs. Revesz testified that Lauren and Ashley would often return from Carlynton practices and games in tears and were upset about how they were being coached.
10. In January, 2001, Mr. Revesz sent an e-mail to Michael McConnell in which he implied that his daughters may play for another school. He stated that they may play for "someone who appreciates what they can deliver to a program." He confirmed a conversation with Mr. McConnell where Mr. McConnell stated that "this has been [my] worst year of coaching because of me [Mr. Revesz]...."
11. In March, 2001, Mr. Revesz left a phone message for Mr. McConnell criticizing the lack of opportunities for his daughters to shoot.
12. In late April, 2001, upon the completion of the 2000-01 basketball season, the Revesz family listed their home for sale.
13. On July 2, 2001, during a summer league basketball game between Carlynton and Vincentian Academy, a confrontation occurred between Mr. Revesz and Mr. McConnnell. Statements were submitted from two witnesses to the event, Dori Anderson and Eric Mozetti. Neither is affiliated with Carlynton and both appear to have sufficient indicia of reliability that they were accepted by the Board of Appeal. Mr. Revesz was questioned concerning the statements and acknowledged that an incident did occur but denied the specifics as described *834 by Ms. Anderson and Mr. Mozetti.
14. The evidence established that Mr. Revesz loudly and vocally criticized Mr. McConnell as he was coaching Lauren and Ashley Revesz in the summer league game. The criticism was sufficiently loud that the opposing coach observed it. He also observed Mr. Revesz being physically restrained by other parents and coaches from attacking Mr. McConnell.
15. Immediately following the game, Mr. Revesz confronted Mr. McConnell and told him that he was a disgrace to girls' basketball. He again had to be restrained and escorted from the premises. As he left, he made derogatory comments to Mr. McConnell's wife.
16. Shortly after the confrontation between Mr. Revesz and Mr. McConnell, Lauren and Ashley Revesz withdrew from Carlynton High School and enrolled at Chartiers Valley High School.

(PIAA Board of Appeal Decision, November 20, 2001, Findings of Fact Nos. 8-16). Accordingly, the Board of Appeal determined that the conflicts regarding basketball between the Revesz family, and Mr. Revesz specifically, and Coach McConnell were a significant factor in the decision of the Revesz family to move out of the Carlynton School District; thus, it sustained the Board of Control's earlier decision.

On December 17, 2001, the Reveszs, by their parents, filed a Complaint and Petition for Preliminary Injunction. Subsequently, the Court of Common Pleas of Allegheny County heard testimony, which included the following:

1. The Revesz family had their house up for sale before the girls enrolled in Carlynton.

2. The Revesz family put their home up for sale in March and April of 2001. Immediately after the family moved into their house, Daniel Revesz, the Reveszs' father, suffered severe financial hardship, and he became apprised in August 2000 that his commission rate as a television sales representative had been downscaled by forty percent. Furthermore, his salary decreased by $175,000 in 2001. In July of 2001, he was faced with the loss of his job in ninety days.

3.

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