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West G parent sues over son's sports eligibility
(by Joseph Koziol Jr. - December 30, 2009)
West G parent sues over son's sports eligibility
By JOSEPH KOZIOL JR.
A Chester Township man is relying on a full-court press to get his son back on the basketball court.
William Walsh filed a lawsuit Dec. 18 against the Ohio High School Athletic Association, OHSAA Commissioner Daniel Ross and West Geauga High School on behalf of his son, Liam.
The lawsuit, filed in Geauga County Common Pleas Court, claims Mr. Walsh's son was arbitrarily deemed ineligible by the OHSAA, which governs all high school sports.
The lawsuit seeks a temporary restraining order and preliminary injunction to prevent OHSAA or the school from interfering with his son's ability to participate on the varsity basketball squad.
The suit revolves around Liam's transfer from West Geauga to Benedictine High School in Cleveland.
According to the lawsuit, Liam enrolled at West Geauga as a freshman during the 2006-2007 school year and played on the boys' basketball team.
"While on the West Geauga basketball team, Liam was subjected to various forms of pressure from the then current boys' basketball coach, which led to increased stress and certain mental-health issues," the lawsuit said.
"In order to escape this negative environment, Liam requested and was granted a transfer from West Geauga to Benedictine High School for the 2008-09 school year," according to the lawsuit.
OHSAA granted Liam eligibility, noting that the transfer was necessary to "protect the student's physical or mental well-being," according to the lawsuit.
The lawsuit cites a bylaw of the OHSAA that allows students to transfer without losing eligibility, conditioned on a written agreement between the superintendents of both schools.
The lawsuit said that, when West Geauga replaced its boys' basketball coach in 2009, Liam transferred back to West Geauga.
However, the lawsuit said the OHSAA declared Liam ineligible based on a new bylaw.
"Subsequent to Liam's transfer to Benedictine, OHSAA amended its bylaws so that any student-athlete who had previously relied on a written superintendents' agreement for eligibility would be ineligible to participate in any OHSAA regulated sports if said student transferred back to that same public school he-she had originally transferred out of," the lawsuit said.
The lawsuit said the OHSAA has indicated that new bylaw, which now restricts Liam's playing, will be removed from the bylaws in the 2010-2011 school year.
Appeals to the OHSAA over the situation were denied, according to the lawsuit.
The lawsuit said the basketball season has started and that Liam is in his senior year, making it his last chance to play with the West Geauga team.
"Various college scouts and recruiters have expressed interest in Liam for potential athletic or academic scholarships, but if he is not able to participate in his last year of high school basketball, Liam will lose said opportunities," the lawsuit said.
The lawsuit said that allowing Liam to play will not cause harm to the OHSAA or its member schools.
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