Dunmore Sch. Dist. v. Pa. Interscholastic Athletic Ass'n

• Decision Date: 07 December 2020
• Docket Number: CIVIL ACTION NO. 3:20-CV-1091
• Parties: DUNMORE SCHOOL DISTRICT, Plaintiff, v. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, Defendant.
• Court: U.S. District Court — Middle District of Pennsylvania

505 F.Supp.3d 447

DUNMORE SCHOOL DISTRICT, Plaintiff,

v.PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, Defendant.

CIVIL ACTION NO. 3:20-CV-1091

United States District Court, M.D. Pennsylvania.

Filed December 7, 2020

Matthew D. Dempsey, Lenahan & Dempsey, Scranton, PA, for Plaintiff.

Alan R. Boynton, Jr., Carol Steinour Young, Dana W. Chilson, Logan Hetherington, McNees Wallace & Nurick LLC, Harrisburg, PA, for Defendant.

MEMORANDUM OPINION

Robert D. Mariani, United States District Judge

I. INTRODUCTION

Here the Court considers Plaintiff's Motion for Preliminary Injunction (Doc. 15) filed on November 3, 2020, with which Plaintiff Dunmore School District ("Dunmore" "Plaintiff") seeks a preliminary injunction enjoining Defendant Pennsylvania Interscholastic Athletic Association ("PIAA" "Defendant") from reclassifying Dunmore School District from Class 3A to Class 4A for the sport of girls’ basketball for the 2020-2022 two-year period. (Doc. 15 at 1.) In the underlying action, Plaintiff asserts that the reclassification violated "plaintiff's constitutional rights to due process and equal protection of the laws, and in further violation of the spirit, purpose, and plain language of the defendant's rules, regulations, policies, Constitutions, and By-Laws." (Doc. 1 at 9 (Compl. at 1).) The Court held a hearing on November 13, 2020, at which both parties presented witnesses and oral argument. The parties also agreed upon a post-hearing briefing schedule and their briefs have now been filed. (Docs. 25, 26.) For the reasons that follow, the Court will deny Plaintiff's motion.

II. BACKGROUND

A. Factual Background

Plaintiff, Dunmore School District ("Dunmore"), is a school district encompassing approximately nine square miles which serves the Borough of Dunmore in Lackawanna County, Pennsylvania, and funds the Dunmore High School girls’ basketball program. (Doc. 16 at 4.)

According to the PIAA, it is a

Pennsylvania nonprofit voluntary membership corporation comprised of most Pennsylvania public and private high schools, with the purpose and function of developing and enforcing rules regulating interscholastic athletic competition among and between its member schools. PIAA's membership consists of approximately 1,435 high schools and junior highs/middle schools that have joined PIAA. Annually, approximately 350,000 students participate in PIAA competition.

PIAA is governed by a Constitution adopted and amended by its member schools, and by rules and regulations adopted and amended by its Board of Directors. For administrative purposes, PIAA is divided into twelve geographic Districts. This matter arises out of PIAA District II, which encompasses Lackawanna, Luzerne, Pike, Susquehanna, Wayne and Wyoming Counties.

(Doc. 18 at 8.)

Traditionally, PIAA classified teams based only on school enrollment numbers. (Id. at 8-9.) However, because PIAA faced criticism about competitive imbalance among similarly sized schools, PIAA formed a Competition Committee in 2017, and the Committee developed the Competition Classification Formula ("CCF") at issue in this case. (Doc. 18 at 9.) According to the PIAA, in formulating the CCF, the Competition Committee recommended "adding a ‘success factor’ in classifying teams, particularly when success is supported by transfer students." (Id. ) The formula was unanimously adopted at the PIAA Board of Directors’ July 2018 meeting. (Id. )

The CCF currently provides as follows:

A school's competition classification will be determined by sport and gender using the following formula. All three items will be combined to determine the competition classification.

Enrollment classification + Success factor + Athletic transfers = Competition Classification

#1 – Enrollment classification

All schools will be classified by enrollment of grades 9-10-11 in the odd numbered calendar years by sport and by gender. This is standard procedure.

#2 – Success factor

All schools will have their success in post-regular season rated by the following scale.

1 point for participation in an entry level inter-district championship contest.

2 points for participation in a quarter-final inter-district contest.

3 points for participation in a semi-final inter-district contest.

4 points for points [sic] for participation in a final inter-district contest.

A. In the previous two year cycle, schools will receive points upon their highest finish in post-season. If a school's team achieves 6 points or greater, the school may move up 1 classification for the next classification cycle in that sport and gender based upon the number of transfers the school received under the transfer formula.

B. If a school that participates in a higher enrollment classification obtains 3, 4, or 5 success points cumulative in the two year cycle, the school will remain in that higher enrollment classification for the next two year cycle.

#3 – Athletic Transfers

Schools may receive transfer students without affecting their classification if the student enters their new school during the traditional natural break (8^th grade to 9^th grade). Any sport specific transfer after the natural break transfer will subject the student to a possible post-season ban for one year if the transfer is after being eligible to participate of [sic] a 10^th grade season and based upon the district committee or regional panel determination of eligibility.

A. In the previous two year classification cycle, if a school receives 6 points in the previous classification cycle and accepts transfer students by sport and gender the school [sic] and equals or exceeds the stated number, they will move up 1 classification.

Example: (1) transfers in basketball = up 1 classification

(3) transfers in football = up 1 classification

B. If a school accumulates 6 points or greater in the previous cycle and does not receive transfer students , it will remain in their same enrollment classification for the next two year cycle.

C. A school that has moved up in class does not obtain 3, 4, or 5 success points in a cycle, but has transfer students equal to or exceeds the number by sport will remain up in that classification for the next two year cycle.

(Pl.’s PI Hr'g Ex. 1 (emphasis in original).)

Defendant explains the application of the CCF as follows:

PIAA classifies teams in two-year cycles. The next cycle after the July 2018 meeting was to begin in the 2020-2021 school year. Under the new formula, PIAA would consider team success in the 2018-2019 and 2019-2020 seasons in setting classifications, with each team receiving points for success at each level of the PIAA championship tournament. PIAA would also consider transfer students, without considering the intent of the transfer. If "success" in basketball generated 6 points and one transfer, it would move up a classification.¹

(Doc. 18 at 9-10.)

The Dunmore School District's high school girls’ basketball team was in the PIAA's 3A classification during the 2018-2020 cycle. Due to the application of the CCF in the spring of 2020, the PIAA assigned the girls’ basketball team to the 4A classification. (Doc. 16 at 5; Doc. 18 at 10.) Plaintiff provides the following summary of the CCF application:

At the conclusion of the 2019-2020 girls’ basketball season, PIAA applied its Competition Classification Formula, and assigned Dunmore eight (8) total points under the Formula for the two-year cycle comprised of the 2018-2019 and 2019-2020 seasons. PIAA assigned Dunmore six (6) success factor points and concluded that Dunmore accepted two (2) transfers under the Formula. Because of this point total, PIAA reclassified Dunmore girls’ basketball from Class 3A to Class 4A.

(Doc. 16 at 5.)

Plaintiff appealed the reclassification, asserting the CCF was improperly applied: success points were improperly calculated because two points should not have been assessed for participation in the quarter-finals when Dunmore did not play in the 2020 post-season quarter-finals due to the COVID pandemic-based shutdown; and the two students counted as transfers, O.L. and E.C., should not have been counted as Athletic Transfers in applying the formula because neither student transferred with athletic purpose. (Doc. 16 at 6, 8, 9.) By correspondence of May 11, 2020, the PIAA Executive Director denied the appeal, "confirming that the team had earned 6 points for reaching the finals in 2019 and 2 points for reaching the quarterfinals in 2020 and because it had two transfer students on the team." (Doc. 18 at 10.) Dunmore appealed the decision, and, after hearing the appeal on May 20, 2020, the PIAA Board of Directors voted to sustain the Executive Director's decision.² (Doc. 18 at 10-11.)

After exhausting the PIAA's administrative appeals process (id. at 9-11), Plaintiff filed suit in the Court of Common Pleas of Lackawanna County.

B. Procedural Background

Plaintiff filed the underlying action in the Court of Common Pleas of Lackawanna County on June 19, 2020. (Doc. 1 at 9.) On June 23, 2020, Plaintiff filed Plaintiff's Petition for Preliminary Injunction in the Court of Common Pleas of Lackawanna County. (Doc. 1 at 98-102.) Defendant filed the Notice of Removal on June 29, 2020 (Doc. 1), and Plaintiff filed a Motion to Remand on July 14, 2020 (Doc. 4). The Court denied Plaintiff's Motion to Remand (Doc. 4) by Memorandum and Order of October 27, 2020. (Docs. 8, 9.) Having been directed to notify the Court within three days if Plaintiff intended to pursue preliminary injunctive relief (Doc. 9), Plaintiff's counsel did so on the same date as the Order was issued, and this Court set a telephonic conference for October 29^th (Docs. 10, 11).

At the October 29^th conference, the Preliminary Injunction Hearing ("PI Hearing") was set for November 13, 2020, by the express agreement of the parties. Counsel for the parties also established an expedited pre-hearing briefing schedule. Plaintiff filed the Motion for Preliminary Injunction on November 3, 2020, with a supporting brief. (Docs. 15, 16.) Defendant filed its opposition...