Ulliman v. Ohio High School Athletic Ass'n

919 N.E.2d 763, 184 Ohio App. 3d 52
CourtOhio Court of Appeals
DecidedJuly 31, 2009
DocketNo. 08-CA-99
StatusPublished
Cited by5 cases

This text of 919 N.E.2d 763 (Ulliman v. Ohio High School Athletic Ass'n) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ulliman v. Ohio High School Athletic Ass'n, 919 N.E.2d 763, 184 Ohio App. 3d 52 (Ohio Ct. App. 2009).

Opinion

Fain, Judge.

{¶ 1} Defendant-appellant Ohio High School Athletic Association (“OHSAA”) appeals from a preliminary injunction issued in favor of plaintiff-appellee Benjamin Ulliman. The injunction restrained OHSAA from prohibiting Ulliman’s participation in interscholastic athletics during his senior year at Catholic Central High School and from taking adverse action against Ulliman or Catholic Central for allowing Ulliman to participate.

{¶ 2} OHSAA contends that the trial court exceeded its authority by interfering with the management of OHSAA and its member schools, because Ulliman failed to assert a constitutionally protected property right, and because there was no showing that OHSAA acted in excess of its powers, or that collusion or fraud [55]*55existed. OHSAA further contends that the trial court’s decision is against the manifest weight of the evidence, is an abuse of discretion, and is contrary to law.

{¶ 3} We conclude that the trial court erred in enjoining OHSAA from enforcing the transfer bylaw against Ulliman and Catholic Central. The trial court incorrectly concluded that the transfer rule did not apply to Ulliman. The court’s interpretation was unreasonable, because it was not supported by the language in OHSAA bylaws, or by the evidence presented. Ulliman also failed to establish that OHSAA acted arbitrarily in applying the transfer rule. Accordingly, Ulliman failed to prove that he had a substantial likelihood of success on the merits and that an injunction was warranted.

{¶ 4} The preliminary injunction is therefore reversed and vacated.

I

{¶ 5} Benjamin Ulliman filed this action in October 2008. At the time, Ulliman was living with his grandparents in Springfield, Ohio, and was enrolled as a senior at Catholic Central High School (“Central”). Ulliman had previously enrolled in Ater High School in Kettering, Ohio, as a freshman, and had played football for Ater. During the first semester of tenth grade, Ulliman transferred to Centerville High School, which was the district where his parents resided. He did not play sports at Centerville, due to grade ineligibility. Ater finishing his sophomore and junior years of high school at Centerville, Ulliman moved to his grandparents’ home in Springfield, and began participating in football practice with the Central team. He did not, however, play football for most of the fall season, because he was academically ineligible until the week of October 12, 2008.

{¶ 6} On October 13, 2008, OHSAA issued a letter ruling to Central. The letter indicated that Ulliman was ineligible to play for Central under OHSAA Bylaw 4-7-2, which governs student transfers. OHSAA noted that Ulliman would be ineligible to play interscholastic athletics at Central for one year from the date of his transfer. The letter cited possible exceptions to the policy — a change of custody to another individual living in a new school district (Exception 2), or a bona fide move by one of Ulliman’s parents into a new school district (Exception 3).

{¶ 7} Two days after this ruling, Ulliman filed a complaint against OHSAA in Clark County Common Pleas Court. Ulliman alleged in the complaint that he was unable to satisfy the custody exception because he had turned 18 years of age in July 2008, and a domestic relations court’s jurisdiction over child custody terminates when a minor reaches 18 years of age. Ulliman also alleged that he had met the requirements of the transfer rule, because he had not participated in [56]*56interscholastic athletics for more than a year after transferring from Alter to Centerville High School.

{¶ 8} On the same day the complaint was filed, Ulliman also filed motions for a temporary restraining order and for a preliminary injunction. The trial court held a hearing the next day and converted the procedure into a preliminary injunction hearing. The court reasoned that temporary restraining orders are generally granted ex parte, but in this case OHSAA had received notice and was present at the hearing. During the hearing, the trial court heard testimony from Deborah Moore, an OHSAA Associate Commissioner, and Matthew Ulliman, who is Benjamin Ulliman’s father.

{¶ 9} According to the testimony and exhibits, OHSAA is a not-for-profit, private, and voluntary association of member schools, formed to promote the administration of interscholastic athletics in the state of Ohio. OHSAA has about 832 high school members and 865 junior high school members, and approximately 350,000 student athletes participate in interscholastic athletics per year.

{¶ 10} OHSAA has both a constitution and bylaws, and their language must be approved by a majority vote of the member high school principals. OHSAA’s Board of Directors and commissioners cannot change the wording, unless a change in the Ohio Revised Code applies to a bylaw. In that event, the board can amend the bylaw to conform with Ohio law.

{¶ 11} The primary purpose of the eligibility bylaws is to provide for fair and equitable governing of student eligibility for students who participate in athletics in Ohio. Moore indicated that her major responsibilities are to interpret the bylaws, provide educational support for OHSAA members, and make rulings on eligibility. In rejecting Ulliman’s request for eligibility, Moore relied on Bylaw 4-7-2, and the fact that none of the 11 exceptions to the bylaw fit Ulliman’s situation.

{¶ 12} OHSAA’s Bylaws state as follows:

{¶ 13} “4-7-1 — The transfer bylaws apply to all students enrolled in grades 9-12. These bylaws apply to all schools, both public and non-public.

{¶ 14} “4-7-2 — If a student transfers after the first day of the student’s ninth grade year or after having established eligibility prior to the start of school by playing in a contest (scrimmage, preview or regular season/tournament contest), the student will be ineligible for one year from the date of enrollment in the school to which the student transferred. A student is considered to have transferred whenever the student changes from that school in which the student was enrolled as a ninth grader to any other school regardless of whether the school from which the student transferred or to which the student transfers is a [57]*57public or non-public, member or non-member or whether the high schools are within the same district.”

{¶ 15} Moore interpreted these bylaws to mean that once Ulliman began at Alter as a freshman, he would be ineligible for one year from the date of enrollment in any school to which he subsequently transferred, regardless of the number of years that had elapsed between transfers, and regardless of the fact that the transfer at issue was not from Alter to the school in question. Thus, Ulliman would ordinarily have been ineligible for one year after he transferred from Alter to Centerville, and would also have been ineligible for one year after he transferred from Centerville to Central, even if he had previously sat out for a year at Centerville.1

{¶ 16} Moore testified that Ulliman could, in theory, have been eligible to play for Central under the following two exceptions to Bylaw 4-2-7:

{¶ 17} “EXCEPTION 2 — if the student is the ward of a court-appointed guardian, and there is a subsequent change in that guardian, the student shall be eligible in the district of residence of the new guardian or at any non-public school provided the student lives with the guardian.

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Cite This Page — Counsel Stack

Bluebook (online)
919 N.E.2d 763, 184 Ohio App. 3d 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ulliman-v-ohio-high-school-athletic-assn-ohioctapp-2009.