Morgan v. Oklahoma Secondary School Activities Ass'n, 106,747.

Citation207 P.3d 362,2009 OK 21
Decision Date31 March 2009
Docket NumberNo. 106,747.,106,747.
PartiesJoe MORGAN and Darla Morgan as husband and wife, as Parents and Next Friends of Shelby Jo Morgan, a minor, Plaintiffs/Appellees, v. OKLAHOMA SECONDARY SCHOOL ACTIVITIES ASSOCIATION, Defendants/Appellants.
CourtSupreme Court of Oklahoma

Mark S. Grossman, Nkem A. Houseworth, Crowe & Dunlevy, Oklahoma City, OK, Susan Elizabeth Huntsman, Crowe & Dunlevy, Tulsa, OK, for defendant/appellant.

Frank Sullivan, Jr., Sallisaw, OK, for plaintiffs/appellees.

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 Sallisaw 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.

¶ 2 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.

¶ 3 The Association is a voluntary unincorporated 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.

¶ 5 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 circumstances 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, Sec. 3(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, Sec. 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 custodial 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 school.

(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.

¶ 6 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 circumstance beyond the control of the student which creates an unavoidable hardship for that student.

¶ 7 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 circumstances beyond the control of the student create an unavoidable hardship. Exceptions will be a rarity." Id. at 70.

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

¶ 9 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.

¶ 11 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 "circumstance beyond the control of the student which creates an unavoidable hardship for that student."

¶ 12 While those material facts set forth above are not controverted, the underlying factual...

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