Beck v. MO. STATE HIGH SCHOOL ACTIVITIES ASS'N

• Decision Date: 15 November 1993
• Docket Number: No. 4:93CV1598-DJS.,4:93CV1598-DJS.
• Citation: 837 F. Supp. 998
• Court: U.S. District Court — Eastern District of Missouri
• Parties: Sean BECK, by his parent and next friend Marlene BECK, Plaintiff, v. MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, Defendant.

837 F. Supp. 998

Sean BECK, by his parent and next friend Marlene BECK, Plaintiff, v. MISSOURI STATE HIGH SCHOOL ACTIVITIES ASSOCIATION, Defendant.

No. 4:93CV1598-DJS.

United States District Court, E.D. Missouri, E.D.

November 15, 1993.

Daniel K. Barklage, Barklage and Barklage, St. Charles, MO, for plaintiff.

J. Robert Tull, Columbia, MO, for defendant.

ORDER

STOHR, District Judge.

On July 12, 1993, plaintiff instituted this action for injunctive and declaratory relief pursuant to the First and Fourteenth Amendments of the United States Constitution and 28 U.S.C. § 2201. Plaintiff asks the Court to consider the constitutionality of § 238.3 of the Bylaws of the Missouri State High School Activities Association ("MSHSAA" or "Association"). That particular bylaw restricts a student's eligibility to participate in interscholastic athletic activities for a period of 365 days following the student's transfer from one school to another. This provision contains nine (9) exceptions, one of which is the basis of this suit. Specifically, plaintiff challenges the exception contained in § 238.3(a)(2), which affords students transferring from a non-public to a public school eligibility for interscholastic competition within five (5) days of transfer, as opposed to the 365 day waiting period imposed on students such as plaintiff who transfer from a public school to non-public school.

Plaintiff alleges that because of the inclusion of this particular provision, the entire transfer restriction bylaw violates his Equal Protection and Due Process rights under the Fourteenth Amendment, as well as his First Amendment rights of Freedom of Religion and Association, by depriving him of eligibility to participate in interscholastic basketball competition as a consequence of his transfer from a public school to a parochial school.

In response, defendant filed a motion to dismiss for lack of jurisdiction or for failure to state a claim upon which relief could be granted. Because plaintiff's first basketball game is scheduled for November 22 or 23, 1993, time has become an important consideration, and on October 8, 1993, plaintiff filed a motion for a preliminary injunction and declaratory judgment, pursuant to Fed. R.Civ.P. 65(b). Plaintiff seeks to forbid defendant from enforcing the transfer rule until the conclusion of a hearing on the merits. The Court ordered the preliminary injunction motion consolidated with trial on the merits, pursuant to Fed.R.Civ.P. 65(a)(2) and heard arguments on October 25, 1993. After consideration of the testimony adduced at trial, the exhibits introduced into evidence, the briefs of the parties, and the applicable law, the Court hereby makes the following findings of fact and conclusions of law.

I. FINDINGS OF FACT

1. Plaintiff Sean Beck is a minor, sixteen years of age, who resides with his parents in St. Charles, Missouri and currently attends Lutheran High School ("Lutheran") in St. Peters, Missouri.

2. Plaintiff transferred to Lutheran, a private parochial school, from Francis Howell North High School ("Francis Howell"), a public school, on January 25, 1993.

3. Defendant MSHSAA is a voluntary, non-incorporated association of private and public junior and senior high schools.

4. Both Francis Howell and Lutheran are members of MSHSAA, and both field teams in various sports that compete with teams of other member schools.

5. MSHSAA is an activities association established by junior and senior high schools for the purpose of adopting uniform standards to regulate interscholastic activities and contests among member schools. Activities encompassed by MSHSAA include athletics, speech and debate, music, and cheerleading.

6. Two fundamental objectives of the Association are to "prevent exploitation of high school youth and the programs of member schools by special interest groups" and "to ensure greater statewide consistency and quality." MSHSAA Constitution, Article II, § 3(f) & (i).

7. MSHSAA consists of approximately 730 senior and junior high schools, 63 of which are non-public schools. The governing structure of the Association is essentially democratic in nature. Member schools collectively exercise legislative authority to adopt, amend or repeal constitutional provisions and bylaws, and judicial authority is vested in an eight-member Board of Control "to interpret the rules and provisions of the Constitution and By-Laws of the Association and ... be the final judge as to whether a violation has occurred." MSHSAA Constitution, Article IV, § 6(g).

8. The eight individuals on the Board represent eight geographical districts within the State of Missouri and are selected by schools within each of the districts; each of the individuals is either a principal or a superintendent of a public school in his or her respective district. Local school boards have input into the formulation and enforcement of MSHSAA policies and rules through their district representatives.

9. Section 238.3(a)(2) of the MSHSAA bylaws specifically provides:

TRANSFER FROM NONPUBLIC TO PUBLIC—If a student transfers from a nonpublic school to a public school located in the district where the student's parents reside, he/she may be eligible as soon as certified in accordance with By-law 234 provided the student is transferring to the public school for the first time and the principals of both the public and nonpublic schools involved concur that undue influence is not involved in the transfer.

However, the bylaws lack a similar provision covering transfers from a public school to a non-public school.

10. Bylaw 238.3(a)(9) contains a waiver which confers limited eligibility upon a student who transfers schools under circumstances which would otherwise make him ineligible to participate in interscholastic athletics at his or her new school for 365 days. The student is eligible under the following terms: "A student whose name has been included on a school eligibility roster at any level for a given sport during the twelve (12) calendar months preceding the date of such transfer can be eligible only for sub-varsity competition in that sport. A student may have unrestricted eligibility in all other sports...."

11. Any transferring student is permitted to practice with teams at any level, in any sport, regardless of his involvement with that sport at his or her prior school.

12. During the 1992-93 school year, while in the tenth grade, plaintiff transferred from Francis Howell to Lutheran. While at Francis Howell, plaintiff participated on the junior-varsity basketball team.

13. Participation in interscholastic athletics was not an impetus to plaintiffs decision to transfer, nor did it play any part in the decision. Neither plaintiff nor his parents were ever "recruited," solicited, or influenced by any official, teacher, or other person affiliated with Lutheran in connection with the decision to transfer.

14. Plaintiff's decision to transfer from Francis Howell to Lutheran was made after consultation with his parents, and was based on their belief that Lutheran offered plaintiff smaller classes, a better educational experience, and improved prospects of attending an outstanding university.

15. At the time the transfer decision was made, plaintiff and his parents were aware that Lutheran was a member of MSHSAA and that one of MSHSAA's rules generally prohibited a transfer student from participating in interscholastic athletic competition for a period of 365 days from the time of transfer.

16. Subsequent to plaintiff's enrollment at Lutheran, he inquired about participation in the school's varsity basketball program. The school advised plaintiff that he would not be eligible to compete in interscholastic competitions between member schools until approximately January 25, 1994.

17. After learning that he would be ineligible to compete on Lutheran's basketball team, plaintiff requested that Larry Marty, the principal of Lutheran, contact Becky Oakes, Executive Director of MSHSAA, to request that the MSHSAA Board of Directors grant plaintiff unrestricted eligibility in varsity basketball for the 1993-94 school year. The MSHSAA Appeals Committee met and considered plaintiff's request for unrestricted eligibility. The Committee granted his appeal under § 238.3(a)(9), allowing him to play non-varsity basketball during the 365 days following his transfer. However, plaintiff remains ineligible for varsity basketball until January 25, 1994.

18. Plaintiff also sought unrestricted eligibility in all sports pursuant to § 238.3(a)(8), the "hardship" waiver. However, the Appeals Committee denied his request because plaintiff's situation fell outside the criteria for a "hardship exception." The MSHSAA Board of Directors affirmed the Appeals Committee decision, concluding that plaintiff's transfer was a matter of "choice" and not a true "hardship," as defined by the bylaws. It is uncontested that plaintiff exhausted his administrative remedies under MSHSAA's constitution and bylaws.

19. Jack Miles, a former MSHSAA Executive Director, testified that the transfer rule, as well as its various exceptions, have been modified by the member schools on numerous occasions. The current modification was an attempt to deal with the alleged advantage that non-public schools have over public schools. However, there is no consensus among MSHSAA officials or the member schools as to whether this advantage is a real or a perceived advantage.

20. MSHSAA relies on the transfer rule to combat the evils associated with "school-hopping" and improper recruiting. However, defendants failed to demonstrate the existence, much less the prevalence, of either such evil.

21. There are no allegations of recruiting, "school-hopping" or undue influence in this case, and it is unlikely that plaintiff's participation on Lutheran's basketball team, if permitted, would afford that team any significant advantage over other teams, as plaintiff labels himself...