Bingham v. Oregon School Activities Ass'n, Civil No. 98-6282-TC.

• Decision Date: 22 October 1998
• Docket Number: Civil No. 98-6282-TC.
• Citation: 24 F.Supp.2d 1110
• Parties: Adam BINGHAM, Plaintiff, v. OREGON SCHOOL ACTIVITIES ASSOCIATION, Wes Ediger in his official and individual capacities, Defendant.
• Court: U.S. District Court — District of Oregon

24 F.Supp.2d 1110

Adam BINGHAM, Plaintiff, v. OREGON SCHOOL ACTIVITIES ASSOCIATION, Wes Ediger in his official and individual capacities, Defendant.

Civil No. 98-6282-TC.

United States District Court, D. Oregon.

October 22, 1998.

COPYRIGHT MATERIAL OMITTED

Martha Lee Walters, Walters Romm & Chanti, Eugene, OR, for Adam Bingham.

Don G. Carter, Barry L. Groce, McEwen Gisvold Rankin Carter & Streinz, Portland, OR, for Oregon School Activities Ass'n and Wes Ediger.

ORDER

COFFIN, United States Magistrate Judge.

Plaintiff Adam Bingham is an eighteen year old student at Marshfield High School in Coos County, Oregon. In this action he seeks, among other relief, an injunction prohibiting defendant Oregon School Activities Association (OSAA) from enforcing one of its rules (the Eight Semester Rule) which in effect precludes plaintiff from participating in athletics while he attends school this year.

The Eight Semester Rule limits a high school student's eligibility to participate in athletics to eight consecutive semesters commencing with the entering of the ninth grade.

Plaintiff, because he repeated tenth grade, is a fifth year senior and is thus in his ninth semester. Absent a waiver of the rule by the OSAA, plaintiff is ineligible to participate in interscholastic athletics.

Among other claims advanced by plaintiff, he contends he suffers from Attention Deficit Disorder (ADD), that his condition constitutes a disability cognizable under the Americans with Disabilities Act (ADA), that his repetition of the tenth grade was caused by his disability, and that OSAA is discriminating against him because of his disability in that a waiver of the Eight Semester Rule is a reasonable accommodation for his disability and OSAA has refused to grant such a waiver.

On October 13, 1998, this Court held a hearing on plaintiff's motion for a preliminary injunction prohibiting OSAA from applying its Eight Semester Rule to bar him from participating in athletics during his senior year at Marshfield.

From testimony and documents submitted in connection with the hearing on plaintiff's motion, the Court finds as follows:

1) OSAA is a non-profit private corporation formed in 1918 for the purpose of coordinating and regulating interscholastic activities throughout the State. Among the activities governed by the OSAA are high school football, volleyball, cross country, soccer, basketball, wrestling, swimming, baseball, softball, track and field, golf, tennis, cheerleading, dance and drill, music and speech.

2) OSAA is a voluntary organization. Any high school in Oregon can petition to join. Currently OSAA has 278 member schools, 226 of which are public high schools and 52 of which are private high schools.

3) OSAA is governed by a Delegate assembly comprised of 31 representatives, most of which are administrators from member high schools. One representative to the Delegate Assembly is elected by the Oregon School Board Association, and one member is elected by the Oregon Athletic Director's Association. The remainder of the Delegate Assembly members are elected by the various districts into which member high schools are organized throughout the State.

4) Pursuant to its rule making authority under 4-2 of the OSAA Constitution, the Delegate Assembly has adopted a set of Rules which govern each athletic district and student who represents his or her school in any scholastic activity sponsored by the OSAA. Rule 8-3, entitled Duration of Eligibility/Graduation (the Eight Semester Rule) states:

A student may participate in the interscholastic program for four consecutive years (eight semesters or the equivalent) after entering the ninth grade. However, a student becomes ineligible thereafter [or] upon graduation from high school.

5) OSAA'S purpose in enforcing the Eight Semester Rule is threefold: 1) to ensure safety; 2) to promote competitive fairness; and 3) to encourage students to graduate in four years. The Eight Semester Rule ensures safety by preventing older, more athletically experienced and physically developed students from competing against students who do not possess comparable skill and stature. OSAA intends the rule to promote competitive fairness by ensuring that the athletes participating are of comparable skill and athletic experience and that younger students are given an opportunity to participate. The Eight Semester Rule is designed to prevent overzealous coaches or parents from engaging in the practice of "red-shirting," (holding students back until they mature physically and athletically to give their team or child a competitive advantage). Lastly, the rule is designed to encourage students to graduate in four years, promoting the OSAA policy that each student-athlete is attending high school, first and foremost, for educational purposes.

6) Upon petition, the Executive Board or Executive Director, pursuant to OSAA Rule 8-9-3, "may, at its discretion, and upon terms and conditions as it may impose, waive or modify any eligibility rule ... when in its opinion there are circumstances beyond the control of the student or the parent or other circumstances whereby the enforcement of the rule would work an undue hardship upon the student."

Plaintiff has a disability, diagnosed as ADD. While he resided in Florida, his parents chose to have him repeat the tenth grade because of problems with his academic progress caused by or related to his specific learning disability with written language. Plaintiff and his parents moved to Oregon prior to plaintiff enrolling in the eleventh grade at Marshfield. While in the eleventh grade, plaintiff participated in football on the junior varsity squad.

Plaintiff is presently enrolled in the twelfth grade at Marshfield. Because he repeated the tenth grade of high school while living in Florida, this is his fifth year as a high school student. In that he is presently 18 years of age, however, he is not precluded by OSAA's age rule from participating in high school athletics (absent a waiver of its age-rule, a student who turns nineteen prior to August 15th of the school year is ineligible to participate in athletics).

Plaintiff offered substantial evidence at the hearing that his participation in athletics significantly assists him in coping with his disability. Being involved in team sports may well be considered a vital part of a high school student's life, providing the student with not only self-esteem but also with motivation to succeed academically. As stated by Marshfield Principal Arnold Roblan in his letter to OSAA in support of the waiver request:

During the special-ed testing process, the psychologist and pediatrician both concluded that Adam has learning disabilities. A MDT¹ meeting was held and determined Adam does qualify for and will receive special education services during the 1998-1998 school year. The members of the MDT team all felt that participation in extracurricular activities (football and wrestling) would be beneficial to his success as they contribute greatly to his self-esteem.

Adam is an immature 18 year old who has begun to show his potential. We saw glimpses of the potential last year, both academically and athletically. I believe that during the 1998-1999 school year, the assistance provided by the special ed program (which he should have had throughout his education), coupled with athletic participation will provide a nurturing educational environment, encourage maturation, and advance academic growth. It is my hope that a waiver is granted so that we may work to help Adam reach his full potential.

Pursuant to procedures established by the OSAA for waivers of its eligibility rules, plaintiff and the principal of Marshfield High School requested that plaintiff be allowed to participate in athletics during his fifth year of high school. OSAA Assistant Executive Director Tom Welter initially denied the request. Plaintiff thereafter appealed to the Executive Board of OSAA, which granted a hearing on the request. Following the hearing, the seven members of the Board unanimously rejected the request.

The criteria the OSAA utilizes to consider the Fifth Year Eligibility requests are set forth in the OSAA Handbook as follows:

ELIGIBILITY — FIFTH YEAR CRITERIA

It is the intent of the OSAA that a student graduate within eight semesters and that additional eligibility be granted only in extraordinary circumstances. When interpreting and applying OSAA Rule 8-9-3 in cases where a student requests more than eight semesters of eligibility, the Executive Board or the Executive Director may consider the following factors, among others deemed relevant to the determination of whether eligibility should be granted. Any one of these criteria may be a basis for denial.

1. whether the circumstances cited by the student, which made the student unable or ineligible to participate, were created by factors beyond the students control;

2. the length of time a student was unable or ineligible to participate;

3. the number of activities (seasons, games, competitions, events) in which the student was unable to participate;

4. the number of activities in which the student was able to participate, or in which the student did participate, during his/her eight semesters of eligibility;

5. whether the student was able to participate in similar activities during the time that he/she was unable to participate in the particular OSAA activity;

6. the possibility that the student's eligibility for more than eight semesters could pose a danger to other students;

7. the likelihood that the students's eligibility for more than eight semesters will give the student or the student's team a competitive advantage;

8. the likelihood that the student's eligibility for more than eight semesters will deprive other students of the opportunity to participate in the activity, or limit other students' participation in the activity;

9. whether the student was otherwise able to...