Indiana High School Athletic Ass'n, Inc. v. Avant

• Citation: 650 N.E.2d 1164
• Decision Date: 22 May 1995
• Docket Number: No. 45A03-9402-CV-82,45A03-9402-CV-82
• Parties: 100 Ed. Law Rep. 1109 INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION, INC., Appellant-Defendant, v. Bilal AVANT, b/n/f Rasheedah Majeed, Appellee-Plaintiff.
• Court: Court of Appeals of Indiana

Page 1164

650 N.E.2d 1164

100 Ed. Law Rep. 1109

INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION, INC., Appellant-Defendant, v. Bilal AVANT, b/n/f Rasheedah Majeed, Appellee-Plaintiff.

No. 45A03-9402-CV-82.

Court of Appeals of Indiana,

Third District.

May 22, 1995.

Transfer Denied Oct. 4, 1995.

Robert M. Baker III, Johnson, Smith, Densborn, Wright & Heath, Indianapolis, for appellant.

MacArthur Drake, Gary, for appellee.

OPINION

GARRARD, Judge.

The Indiana High School Athletic Association, Inc. (IHSAA) ruled that Bilal Avant (Avant) was ineligible to participate in varsity athletics at Roosevelt High School his senior year under the IHSAA's Transfer Rule. The trial court disagreed with the IHSAA's determination and issued a preliminary injunction enjoining the IHSAA from rendering Avant ineligible for any varsity team during the 1993/1994 basketball season. IHSAA appeals.

FACTS

During the summer following his junior year in high school, Avant transferred from Andrean High School (Andrean), a private high school located in Merrillville, to Roosevelt High School (Roosevelt), a public high school in Gary. Avant's parents did not change their residence; rather, Avant moved from a private school to a public school located in the same school district. Avant played basketball and baseball at Andrean during 9th grade, 10th grade and 11th grade. In fact, he played on the varsity teams in these sports his junior year, and he was characterized as an "outstanding" athlete and player. After transferring to Roosevelt, Avant hoped to continue participating in sports.

Both Andrean and Roosevelt are members of the IHSAA and are subject to the association's athletic eligibility rules. The primary purpose of the IHSAA Transfer Rule is to eliminate school jumping and recruitment. This rule provides, in substance, that a student who transfers to a member school with a change of residence by the student's parents will have immediate full (varsity) eligibility at the new school. However, a transfer without an accompanied move by parents will result in ineligibility during the first 365 days following transfer, unless the student qualifies under a listed exception. The rules also provide for limited (junior-varsity) eligibility when a student transfers without a corresponding change of residence by the parents. On the contrary, a student who transfers for "primarily athletic reasons" will be ineligible for all athletics for the first 365 days after enrollment at the new school. The IHSAA Hardship Rule mediates the harsh effects of the eligibility rules in limited situations.

Avant completed a Transfer Report as required by the IHSAA Rules. The IHSAA Executive Committee then held a hearing on November 12, 1993 to determine Avant's eligibility for interscholastic sports. The committee's written decision found that Avant was ineligible for varsity athletics during the 1993/1994 school year. Not only did he fail to qualify for full eligibility under the IHSAA rules, Avant also failed to establish that application of the Transfer Rule to him constituted an undue hardship. The committee granted Avant limited eligibility to participate in junior-varsity athletics at Roosevelt. ¹

On December 3, 1993, Avant filed a complaint for injunctive relief and jury demand against the IHSAA and Roosevelt. The trial court immediately issued a temporary restraining order against the IHSAA and Roosevelt. After a hearing, the trial court enjoined the IHSAA from preventing Avant from participation on any varsity athletic team at Roosevelt. The court further ordered that the IHSAA could impose no penalty on Roosevelt for allowing Avant to participate on its varsity teams, nor could the IHSAA take action against any school against which Avant played. The trial court found that it could review the IHSAA decision to determine if it was "arbitrary or capricious," and for violations of Article I § 23 of the Indiana Constitution. In granting the injunction, the court stated that Avant had shown a likelihood of success on the merits; however, it failed to identify the claim upon which Avant was likely to succeed. This interlocutory appeal followed.

ISSUES

I. Whether the trial court properly reviewed the decisions of the IHSAA regarding Avant's eligibility.

A. Whether judicial review of the actions of a private voluntary association is proper without first establishing a civil or property right.

B. Whether the IHSAA acted arbitrarily or capriciously in granting Avant only limited eligibility.

II. Whether the trial court properly reviewed the actions of the IHSAA for violations of Article I § 23 of the Indiana Constitution.

A. Whether Article I § 23 applies only to actions of the general assembly.

B. Whether the IHSAA is involved in state action.

C. Whether the IHSAA violated Article I § 23 by rendering Avant ineligible to participate in varsity athletics at Roosevelt.

III. Whether the trial court erred by enjoining the IHSAA from applying its Restitution Rule should the court's injunction be reversed.

DISCUSSION AND DECISION

I.

A. Whether Judicial Review is Available.

The IHSAA's first argument is that the trial court erred by concluding that the IHSAA's decisions were judicially reviewable. The IHSAA relies upon State ex rel. Givens v. Superior Court of Marion County (1954), 233 Ind. 235, 117 N.E.2d 553, for the position that courts may review actions of a voluntary association like the IHSAA only if a civil or property right has been invaded. The IHSAA contends that it affected no civil or property right of Avant's, and thus its decision was not reviewable by the trial court.

The general rule in Indiana as to voluntary associations is that courts will not ordinarily interfere to control the administration of their constitutions or by-laws, or to enforce rights springing therefrom. Our supreme court described this rule in State ex rel. Givens as follows:

A voluntary association may, without direction or interference by the courts, for its government, adopt a constitution, by-laws, rules and regulations which will control as to all questions of discipline, or internal policy and management, and its right to interpret and administer the same is as sacred as the right to make them.

Id. 117 N.E.2d at 555.

In Givens, certain members of a voluntary trade union sought by injunctive relief to force the holding of an election of officers of an association and the submission of their names as candidates at such election. The supreme court found that any attempt by the judiciary to compel the officers of the union to perform their duties as to the election of officers would be an unlawful interference with the association's internal affairs. Id. The court stated that "unless plaintiffs' complaint is based upon, and seeks the protection of, some civil or property right," the trial court here was without jurisdiction to grant relief. Id. Finding no civil or property right present, the court held that the trial court was without subject-matter jurisdiction. Id. 117 N.E.2d at 556.

We find disposition of this issue, however, to be governed by Haas v. South Bend Community School Corporation (1972), 259 Ind. 515, 289 N.E.2d 495. In Haas, our supreme court held that the IHSAA's rule prohibiting male and female students from competing on the same team or against each other denied equal protection as guaranteed by the Fourteenth Amendment to the Federal Constitution and Article 1 § 23 of the Indiana Constitution. Id. 289 N.E.2d at 501. Before addressing the constitutional issue, however, the Court deemed it necessary to "dispose of the apparent obstacle presented by [State ex rel. IHSAA v. Lawrence Circuit Court (1959), 240 Ind. 114, 162 N.E.2d 250]." Id. 289 N.E.2d at 497. The Lawrence case held that students have no constitutional right to participate in interscholastic athletics, and thus found the trial court to be without jurisdiction over the matter. State ex rel. IHSAA v. Lawrence, 240 Ind. at 124, 162 N.E.2d at 255. In 1972, Haas overruled the portion of Lawrence holding that the actions of the IHSAA were not judicially reviewable. ² The Court indicated that a student cannot be arbitrarily denied the opportunity to qualify to participate in interscholastic athletic competition. Haas, 289 N.E.2d at 497 (emphasis in original). ³ Thus, the IHSAA's decisions are reviewable under the arbitrary and capricious standard. ⁴

B. Whether the IHSAA Acted Arbitrarily and Capriciously.

The IHSAA next contends that it did not act arbitrarily and capriciously when it denied Avant full eligibility for interscholastic athletics after he transferred from Andrean to Roosevelt. Avant does not contest the finding that his actions violated the Transfer Rule, thus rendering him ineligible for varsity athletics. Instead, he argues that using his technical violation of the rule to disqualify him is arbitrary and capricious since he was not recruited by Roosevelt and the basis for his decision to transfer was financial and personal hardship rather than athletics.

The motivation behind Avant's transfer to Roosevelt was a factual issue before the IHSAA. The Court of Appeals will not judge the credibility of witnesses or weigh evidence that was before the IHSAA on factual issues. Kriss v. Brown (1979), 180 Ind.App. 594, 390 N.E.2d 193, 197. Therefore, we will affirm the IHSAA's factual determinations if supported by substantial evidence of probative value. Id.

The IHSAA determined that while the evidence was inconclusive to prove Avant's transfer was primarily for athletic purposes, the evidence sufficiently established athletics as a factor (emphasis in original). The IHSAA noted that Avant did not mention financial hardship when leaving Andrean or on his Transfer Report. Moreover, Avant did not follow up on the Andrean athletic director's offer to help Avant secure employment or available financial aid. Evidence indicated that Avant had disagreements with the Andrean basketball coach, as ...