Cardinal Mooney High School v. Michigan High School Athletic Ass'n
| Decision Date | 22 September 1989 |
| Docket Number | Docket No. 108149 |
| Citation | 179 Mich.App. 267,445 N.W.2d 483,55 Ed. Law Rep. 1129 |
| Parties | CARDINAL MOONEY HIGH SCHOOL, Patrick McClellan, D.O., Sandra McClellan, and John McClellan, Individually, Plaintiffs-Appellees, v. MICHIGAN HIGH SCHOOL ATHLETIC ASSOCIATION, a Michigan non-profit corporation, Defendant-Appellant. 179 Mich.App. 267, 445 N.W.2d 483, 55 Ed. Law Rep. 1129 |
| Court | Court of Appeal of Michigan — District of US |
[179 MICHAPP 268] Bellamy & Gilchrist, P.C. by Frederick B. Bellamy and Michael S. Cafferty, Detroit, for plaintiffs-appellees.
Muraski & Sikorski by Edmund J. Sikorski, Jr., Ann Arbor, for defendant-appellant.
Before GRIBBS, P.J., and MURPHY and NEFF, JJ.
Defendant Michigan High School Athletic Association appeals as of right from a Macomb Circuit Court judgment of no cause of action in favor of defendant. Defendant objects to language in the circuit court order prohibiting defendant from penalizing plaintiff John McClellan and Cardinal Mooney High School for acting in accordance with a court order. We affirm.
Defendant MHSAA is an athletic association as described in M.C.L. Sec. 380.1289(2); M.S.A. Sec. 15.41289(2):
An association established for the purpose of organizing and conducting athletic events, contests, or tournaments among schools shall be the official association of the state. The association shall be responsible for the adoption and enforcement of regulations relative to eligibility of pupils in schools for participation in interscholastic athletic events, contests, or tournaments.
Individual school boards join the MHSAA by adopting the rules and regulations of the MHSAA, as authorized in M.C.L. Sec. 380.1521; M.S.A. Sec. 15.41521:
A board may join an organization created pursuant[179 MICHAPP 269] to section 1289 which has as its object the promotion of sport and the adoption of rules for the conduct of athletic contests between students. The association is the official association of the state for the purpose of organizing and conducting athletic events, contests, and tournaments among schools. The association shall be responsible for the adoption and enforcement of regulations relative to eligibility of athletes in schools for participation in interscholastic athletic events, contests, and tournaments.
Virtually every public and private secondary school in Michigan is a member of the MHSAA. Berschback v. Grosse Pointe Public School Dist., 154 Mich.App. 102, 109-110, 397 N.W.2d 234 (1986), remanded to clarify effect 427 Mich. 851, 398 N.W.2d 1 (1986), lv. den. 429 Mich. 872 (1987).
In this case, plaintiff John McClellan transferred from a specialized institution for students with emotional and learning disabilities to Cardinal Mooney High School at the beginning of the 1985-86 school year. Since John was a recent transfer student, MHSAA regulations prevented John's participation in interscholastic competition, but he tried out for the basketball team and attended practice nonetheless.
John was eligible under MHSAA regulations during the 1986-87 school year. He tried out and made the basketball team as a "nonstarter," whose playing time was limited to the final few minutes of the games.
Prior to the 1987-88 school year, John was informed that MHSAA regulations prevented his continued participation on the basketball team because he would reach his nineteenth birthday before September 1. On June 11, 1987, John's parents petitioned the MHSAA for a waiver of the age restriction. The MHSAA denied the petition on [179 MICHAPP 270] June 12, 1987, and declared John ineligible for interscholastic athletics.
Early in the 1987-88 school year, John was evaluated by the L'Anse Creuse Special Education Services Department and found to be eligible for special education services. An individualized education plan was prepared for John, which recommended that John participate in athletics because it might "help improve his self esteem and decrease the likelihood of the need for a more restrictive program."
Plaintiffs filed a verified complaint for injunctive relief in Macomb Circuit Court and, on November 18, 1987, the court issued an ex parte temporary restraining order and order to show cause. Under the terms of the order, which was extended to December 7, 1987, defendant was enjoined from
doing or taking, or causing to be done or taken, any action to enforce the Michigan High School Athletic Association Regulation I, Section 2 (Age) as applied to Plaintiff, John McClellan, including, but not limited to, preventing Defendant, Michigan High School Athletic Association, from penalizing plaintiffs, John McClellan and Cardinal Mooney High School, its coaching staff or athletic team members, by reason of John McClellan's participation in interscholastic athletics, until further Order of this Court.
During the time the temporary order was in effect, John participated in several basketball games.
On December 14, 1987, the circuit court concluded that the MHSAA's rules were not arbitrary and denied plaintiffs' petition for injunctive relief.
Defendant submitted a proposed judgment for the court's approval. Plaintiffs objected to terms of the order vacating the temporary restraining order. [179 MICHAPP 271] At a February 1, 1988, hearing on entry of defendant's proposed order, plaintiffs' counsel informed the circuit court that defendant intended to sanction the school and John McClellan for John's participation in interscholastic athletics while the temporary restraining order was in effect, pursuant to MHSAA Regulation V, Section 3(D):
If a student is ineligible according to MHSAA rules but is permitted to participate in inter-school competition contrary to such MHSAA rules but in accordance with the terms of a court restraining order or injunction against his/her school and/or the MHSAA and said injunction is subsequently vacated, stayed, reversed, or finally determined by the courts that injunctive relief is not or was not justified in [sic] any one or more of the following actions shall be taken against such school in the interest of restitution and fairness to the competing schools:
(1)--Require that individual or team records and performances achieved during participation by such ineligible student shall be vacated or stricken.
(2)--Require that team victories shall be forfeited to opponent.
(3)--Require that team or individual awards earned by such ineligible student be returned to the association.
On April 7, 1988, the circuit court rejected defendant's proposed order. In a written opinion, the circuit court observed that "the only logical interpretation of this Temporary Restraining Order is John McClellan was to be allowed to play in athletic contests while the Order was in effect without penalty against either John McClellan or Cardinal Mooney High School by defendant." The circuit court entered a final judgment of no cause [179 MICHAPP 272] of action, barring defendant from imposing any penalty on plaintiffs for activities conducted while the temporary restraining order was in effect. Defendant appeals from this order.
This issue has been before this Court on several occasions. We have ruled repeatedly that defendant is precluded from issuing sanctions against students or schools for their permissive participation in athletic events pursuant to a court order. See O'Rourke v. Meloy, lv. den., Docket No. 96255, decided November 7, 1986; lv. den. 428 Mich. 854, 399 N.W.2d 26 (1987); Lash v. Michigan High School Athletic Ass'n, Inc, lv. den., Docket No. 104755, decided December 28, 1987 ( ).
In our June 19, 1987, order on remand to clarify the effect of Berschback v. Grosse Pointe Public School Dist., 154...
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