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Two Memphis East basketball players, coached by Penny Hardaway, ruled ineligible by TSSAA

John Varlas, USA TODAY NETWORK – TennesseePublished 5:13 p.m. CT Nov. 15, 2017 | Updated 7:00 p.m. CT Nov. 15, 2017
     
636214578627765853-nbPenny1-3240637.JPG

(Photo: Nikki Boertman, The Commercial Appeal)

Two Memphis East basketball players have been ruled ineligible for the 2017-18 season after the TSSAA determined Wednesday the school had violated the state's "prior link" rule for transfers.

Though the statement does not name the players, there are two who have moved to East and had a prior athletic connection with East head coach Penny Hardaway: Ryan Boyce and James Wiseman. 

Over the summer, both Boyce, who signed with UAB on Monday, and Wiseman, a top-five national recruit in the class of 2019, played for Team Penny, a Memphis-based grassroots organization that Hardaway began sponsoring in 2012.

Top 2019 recruit James Wiseman explains his decision to transfer from Nashville's Ensworth School to East High School in Memphis. Mark Giannotto/The Commercial Appeal

The under-17 team that both Boyce and Wiseman played on this year was coached by former Arkansas star and NBA player Todd Day. 

Team Penny guard Ryan Boyce dunks over the Boo Williams

Team Penny guard Ryan Boyce dunks over the Boo Williams defense during second half action at the 2017 EYBL Peach Jam in North Augusta, S.C.  (Photo: Mark Weber/The Commercial Appeal)

The rule states that if a student with an athletic record transfers to a new school where an athletic coaching link existed within the previous 12 months, than that student is ineligible at his new school. 

East will appeal the decision during a meeting of the TSSAA's executive council Thursday at 3 p.m. Attempts to reach Hardaway and East principal Dr. Marilyn Hilliard were unsuccessful Wednesday.

Boyce transferred from Houston while Wiseman played last season at Nashville Ensworth. Both were expected to play big roles for the two-time defending Class AAA champs, ranked preseason No. 1 nationally by at least two media outlets in the preseason.

The 6-11 Wiseman is considered by some outlets to be the top-ranked national prospect in the class of 2018 while Boyce, an outstanding athlete with a high motor, was expected to replace the highly-regarded T.J. Moss, who transferred to Findlay Prep in Nevada for his senior season.

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9 minutes ago, dmm88 said:

Figured it would happen sooner rather than later. East still most likely will win the AAA title, though. Just means a few kids who wouldn't play normally have to play big roles.

Dandridge has started being the player that people thought he'd be as a freshman. He'll fill in well for Wiseman. Boyce is a good player and will be hard to just replace. I can agree with you that they have a great chance of winning AAA.

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I don't think Penny thinks a AAA championship is much of a bar to clear. Looking at the schedule they'll play, he wants this team on the National radar. To that end, Boyce and Wiseman's absences will be felt.

Still attention is good, it's good for his brand, and, by extension, markets his kids well.

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Chancellor grants temporary restraining order allowing 2 East High players back on the court

 

Jennifer Pignolet, USA TODAY NETWORK – TennesseePublished 1:36 p.m. CT Nov. 22, 2017 | Updated 1:31 p.m. CT Nov. 23, 2017

     

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(Photo: Mike Brown / The Commercial Appeal)

 

Two East High basketball players will be back on the court with their teammates Saturday night thanks to a temporary court injunction.

The team is scheduled to play Findlay Prep, a Nevada team currently ranked No. 1 in the country by USA Today, in the Larry Finch Classic at the University of Memphis.

A Shelby County chancellor granted a temporary restraining order Wednesday afternoon allowing two East High players to return to the court until at least a Dec. 7 hearing.

Chancellor Jim Kyle issued the ruling in response to Shelby County Schools officials seeking relief from a Tennessee Secondary School Athletic Association's decision that the two players — Ryan Boyce and James Wiseman — are ineligible.

"If they are disqualified, they can't get those games back," Kyle said in his findings for why the players would suffer "irreparable harm" without the injunction. The team has six games scheduled before Dec. 7.

Kyle also said there was no way to tell if the TSSAA made its decision fairly and accurately, as no evidence was provided to SCS for the disqualification. 

Kyle ruled the school district's case was likely to succeed on its merits, another requirement for the injunction.

Kenneth M. Walker II, associate general counsel for

Kenneth M. Walker II, associate general counsel for Shelby County Schools, talks on behalf of East High School in Chancellor Jim Kyle's courtroom on Nov. 22, 2017. Kyle granted a temporary restraining order allowing two East High players to return to the court until at least a Dec. 7 hearing. (Photo: Brad Vest / The Commercial Appeal)

 

As he read his decision, the crowd of East players, coaches, parents and alumni threw fists in the air and did their best to stifle a celebration, as Kyle had requested a subdued reaction no matter the ruling.

The Shelby County Board of Education, as the political body for the school system, is officially listed as the petitioner in the case.

At issue was the status of Boyce and Wiseman, who transferred to East this year. Boyce formerly played at Houston High in Germantown, and the 6-foot-11 Wiseman came from Ensworth in Nashville.

Team Penny guard Ryan Boyce dunks over the Boo Williams

Team Penny guard Ryan Boyce dunks over the Boo Williams defense during second-half action at the 2017 EYBL Peach Jam in North Augusta, S.C. (Photo: Mark Weber / The Commercial Appeal)

Both played for Team Penny last summer. Anfernee "Penny" Hardaway, a former star at Memphis State and the NBA, is the coach at East. The TSSAA contends there is a coaching link between Team Penny and Hardaway as the East coach and such a connection would prohibit the players from playing at East under the association's rules.

Attorneys for SCS dispute the relationship between Team Penny, an AAU team, and Hardaway constitutes the coaching link.

"Presumably, the TSSAA is of the belief that Mr. Hardaway allegedly is a coach or a sponsor of Team Penny," the system said in its lawsuit, adding: "Mr. Hardaway is not, in fact, a coach or a sponsor for Team Penny. The coach of Team Penny is Todd Day. The sponsor of Team Penny is Nike, Inc."

 
Shelby County Chancellor Jim Kyle granted a temporary

Shelby County Chancellor Jim Kyle granted a temporary restraining order Nov. 22, 2017, allowing two East High players to return to the court until at least a Dec. 7 hearing. (Photo: Brad Vest / The Commercial Appeal)

 

Rick Colbert, the attorney for TSSAA, suggested the specification by SCS that Hardaway was not a "financial sponsor" indicated he may have sponsored the team in another way.

"That’s the only way I know about sponsoring," Hardaway said after the hearing. 

The coach said he was happy with the result and would continue to fight the case in court.

"I didn’t come back home to be involved with children to make them ineligible," Hardaway said. "I came back home to make a difference so they can go to college, they can dream, they can do things that are great, and that’s all I’ve been doing since 1993."

 

Happy about Court's ruling. We will always advocate for our students and our District. 

https://twitter.com/jenpignolet/status/933463886652682240 

 
 

The lawsuit states that no coach or official with East High is involved with Team Penny.

Officials with SCS announced Tuesday they would seek the temporary restraining order against the TSSAA seeking to overturn the association's decision against the players, identified as R.B. and J.W. in a news release.

The legal action came after the TSSAA denied East's appeal of the decision ruling the players ineligible.

"TSSAA has continued an unlawful practice of acting arbitrarily and capricious and behind closed doors," SCS general counsel Rodney G. Moore said in the release. "These secret TSSAA meetings, that rely almost exclusively on rumor and innuendo, deprive schools, students and their families of basic fairness."

SCS Associate General Counsel Kenneth M. Walker II argued the case for the district Wednesday. Walker said the TSSAA "privately and secretly kept evidence to themselves that they relied upon to make this decision."

During Wednesday's hearing, the TSSAA provided the evidence it used to declare the players ineligible: a letter sent from TSSAA to the East High principal in April. The letter states there are three players who transferred from Houston High to East who played on Team Penny, which was "sponsored" by Hardaway. It does not specify what is meant by sponsorship or why TSSAA believed that was the case.

Boyce moved from Houston High during the district's open enrollment period, and Wiseman moved to Memphis and resides in East High's district.

The players were ruled ineligible a week ago, sending SCS attorneys to Hermitage, Tennessee, where they appealed the decisions before the TSSAA board of controls.

The lawsuit states that after the oral arguments, the association said it would notify East of its decision. However, the board did not allow the SCS attorneys to attend the deliberations regarding the status of the two players.

The TSSAA denied the appeal, although SCS contended the group "provided absolutely no basis for its decision," leading the district to argue that the students were "denied substantive and procedural due process."

The school district also said by deliberating in private, the TSSAA board violated the state open meetings law. "Its decisions as to (the players) should therefore be nullified," the petition states. 

 

Reach Jennifer Pignolet at jennifer.pignolet@commercialappeal.com or on Twitter @JenPignolet. 

Edited by kwc
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