Ryan v. Cif-Sds

• Decision Date: 24 December 2001
• Docket Number: No. D036199.,No. D036952.,D036199.,D036952.
• Court: California Court of Appeals Court of Appeals
• Parties: John RYAN, Plaintiff and Respondent, v. CALIFORNIA INTERSCHOLASTIC FEDERATION-SAN DIEGO SECTION et al., Defendants and Appellants.

114 Cal.Rptr.2d 798

94 Cal.App.4th 1048

John RYAN, Plaintiff and Respondent, v. CALIFORNIA INTERSCHOLASTIC FEDERATION-SAN DIEGO SECTION et al., Defendants and Appellants.

No. D036199.

No. D036952.

Court of Appeal, Fourth District, Division 1.

December 24, 2001.

Rehearing Denied January 23, 2002.

Review Denied April 10, 2002.^*

Andrew Patterson; Girard & Vinson and Diane Marshall-Freeman; Neil, Dymott, Perkins, Brown & Frank, Michael I. Neil, Constantine D. Buzunis and Jason E. Gallegos, San Diego, for Defendants and Appellants.

Richard L. Hamilton, Sacramento; Strumwasser & Woocher, Fredric D. Woocher, Michael J. Strumwasser, Santa

Monica, and Harrison M. Pollak for Education Legal Alliance of the California School Boards Association as Amicus Curiae on behalf of Defendants and Appellants.

Robert P. Ottilie, San Diego, for Plaintiff and Respondent.

O'ROURKE, J.

California Interscholastic Federation (CIF),¹ CIF Executive Director John Hayes, California Interscholastic Federation-San Diego Section and CIF San Diego Section Commissioner Jan Jessop (collectively CIF-SDS) appeal a mandamus judgment directing CIF-SDS to vacate its internal affirmed as modified undue influence ruling arising from the athletic eligibility application of Rancho Buena Vista High School (RBV) for Australian John Ryan. The judgment further declares CIF bylaws 510 (undue influence) and 1100 et sequel (review of eligibility decisions) unconstitutional facially and as applied under the due process clause of the California Constitution for failing to provide minimal procedural due process to those charged with violations before the rulings issue. Finally, the judgment provides that Ryan's counsel shall recover attorney fees and costs under Code of Civil Procedure² section 1021.5. CIF-SDS also appeals the postjudgment order confirming that award and setting its amount at $92,029.56.

CIF-SDS, joined by Amicus Curiae Education Legal Alliance of the California School Boards Association, challenges the trial court's determination that the right to participate in interscholastic sports constitutes a property or liberty interest protected by the due process clause. CIF-SDS further contends that substantial evidence supports the undue influence findings and that attorney fees are not warranted under section 1021.5 because Ryan's suit was motivated by personal pecuniary gain rather than public interest and no significant benefit was conferred on a large group of persons. In their separate appeal of the postjudgment order, they assert the fees award is excessive, is unsupported by the record, and should be limited by Government Code section 800. As we shall explain, we conclude that the challenged CIF bylaws are not unconstitutional facially or as applied under the due process clauses of either the federal or the California Constitution; the CIF bylaws provided Ryan with an opportunity to be heard in a meaningful and reasonably timely fashion and thus afforded him the process he was due; substantial evidence supports the CIF-SDS's undue influence finding; and the award for attorney fees and costs is not warranted in light of our reversal of the judgment. Accordingly, we reverse the mandamus judgment in its entirety and the postjudgment order awarding $92,029.56 in attorney fees and costs.

I. FACTUAL AND PROCEDURAL BACKGROUND

Born on May 16, 1979, Ryan completed his 12th grade in November 1996 at St. Gregory's College (a private school providing instruction for the 7th through 12th grades) near Sydney, Australia. In early 1997, he elected to repeat the 12th grade (a practice permitted in Australia),³ but in the United States as had his older brother Steven. He sought and received permission to do so from St. Gregory's. Desiring to attend an undergraduate American college or university, Ryan decided to repeat the 12th grade in the United States at an institution where he could obtain sufficient credits to qualify for an American school and where he could take courses specific to America to better prepare for the college entrance exams and undergraduate education generally, and to facilitate his cultural transition to America. Ryan's father, Robert, later mentioned his interest in attending school in the United States to David Moe, an assistant basketball coach at the University of Colorado, whom he met while visiting his son Steven. Moe recommended RBV. Robert Ryan then decided to have his son attend RBV before speaking to or knowing anyone at the school.

Robert Ryan telephoned the principal's office at RBV in May 1997. Due to the lateness of the hour, those individuals necessary for making arrangements for the enrollment of a foreign student were not available. Consequently, given his son had expressed interest in playing American football, he requested that he be transferred to the football coach. Coach Craig Bell advised him that RBV had a "no cut" policy, that his son's eligibility would have to be determined by the CIF, and that the counseling office would handle enrollment. Bell then reported the contact to RBV Athletic Director Ric Bethel. Bell later received a transcript from Robert Ryan, which he forwarded to counselor Frank Donez. After Ryan was admitted, Robert Ryan telephoned Bell, requesting his help in locating an 1-20 immigration form.⁴ Bell again reported this contact and request to Bethel. Neither of them had ever heard of the form. Bell then contacted Peter McHugh, Assistant Superintendent of the Vista Unified School District and CIF Chairman of the San Diego Section. McHugh advised him that the district did not issue 1-20 forms, but did enroll students with them. McHugh requested his secretary to contact Bell and advise him how to obtain an 1-20 form. Upon obtaining the form, Bell forwarded it to Donez, who signed it. Robert Ryan then called Bell again to ask for his assistance in finding housing for his son. Apparently overhearing the conversation, Assistant Football Coach Don Thomason volunteered to let Ryan reside with him. Bell called Robert Ryan back and advised him. The Ryans then contacted Thomason and confirmed the living arrangements.

On September 9, 1997, in response to RBV Principal Alan Johnson's August 28th letter requesting athletic eligibility for Ryan, Jessop found Ryan ineligible for violating the eight-semester rule and the transfer rule. She reasoned:

"a. John Ryan has already completed eight semesters of school beyond his initial enrollment in the ninth grade. Our rules do not permit our own students to exceed the eight semester rule without a documented hardship. John Ryan indicated he has suffered no hardship in the past four years. Our rules do not permit students in foreign exchange programs to exceed the eight semester rule. I cannot, in good conscience, apply lesser criteria to John,

"b. As a student in this country on an 1-20 visa, John is subject to the same basic transfer rule as any other student. If he transfers schools without a corresponding change of residence on the part of his family, he is ineligible (at the varsity level) for 12 calendar months from the date of the transfer."

Following unsuccessful internal CIF appeals, Ryan petitioned for administrative mandamus. On December 24, Superior Court Judge Robert O'Neill issued a writ of mandamus directing CIF-SDS to rescind its September 9 order denying Ryan athletic eligibility, because the record lacked substantial evidence supporting the reasons given for the denial and further did not reflect Ryan was considered for a possible waiver of the transfer rule. Of relevance here, the court specifically found there was not substantial evidence supporting the contention Ryan sought to repeat the 12th grade for athletic purposes or that there existed an athletic motivation for that decision. Rather, the record showed his reason for repeating the 12th grade, regardless whether in Australia or California, was to obtain enough credits to receive a college education in America.

While the cited proceedings were pending, Jessop issued a third Ryan ruling on October 2, finding RBV, and specifically Coach Bell, had violated CIF bylaw 510⁵ prohibiting school personnel from inducing a student to enroll in or transfer to a particular school for athletic purposes. The ruling rendered Ryan ineligible to participate in high school sports for one year.

Ryan appealed this undue influence ruling, which was confirmed by a CIF appellate panel on October 13. However, the review panel reduced the period of suspension from one year to 13 days. On June 30, 1998, relying on a significant amount of new evidence, Ryan sought reconsideration, which was denied on October 28.⁶ After an unsuccessful appeal to State CIF Executive Director John J. Hayes, Ryan filed his mandamus action on February 25, 1999. His first amended petition and complaint was filed on July 12, alleging causes of action for declaratory relief and alternative and peremptory writs of mandate. On August 2, 2000, Superior Court Judge Ronald Prager entered judgment for Ryan, directing CIF-SDS to vacate its undue influence ruling, declaring CIF bylaws 510 and 1100 et sequel unconstitutional facially and as applied under the due process clause of the California Constitution for failing to provide minimal procedural due process to those charged with violations before the rulings issue, and awarding Ryan's counsel attorney fees and costs under section 1021.5. On October 27, the trial court awarded Ryan $92,029.56 in attorney fees and costs. CIF-SDS separately appealed the mandamus judgment and the order awarding attorney fees and costs. CIF-SDS's stipulated request to consolidate these appeals was denied on December 13. After further review, however, this court ordered the appeals consolidated for purposes of oral argument and disposition.⁷

II.

THE CHALLENGED CIF BYLAWS ARE NOT UNCONSTITUTIONAL FACIALLY OR AS APPLIED UNDER THE DUE PROCESS CLAUSE OF EITHER THE FEDERAL OR CALIFORNIA CONSTITUTION

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