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I would take the TSSAA to civil court over this matter because their rules are not consistent. BA was punished for contacting student/athletes who had a signed contract to attend the school. Whereas, publc school coaches are allowed to go to middle schools and actually talk in person to the potential student atheletes. I know my son had high school coaches come by his middle school to talk to kids who were interested in playing their sport. I also know my son was sent summer workout correspondence months before he enrolled in his public high school.

 

If you don`t this is unfair then you are being totally close minded about BA`s free speech as to a public school`s free speech. The fact of the matter is that it would have been perfectly legal for a public school coach to have gone and talked to those 8th graders (in person) and sent them correspondence as well. I hope BA has a case in civil court. The TSSAA needs to be taken to the woodshed and given a good one.

 

Times have changed and it`s time the TSSAA updates it`s rules. BA did nothing that isn`t afforded to public schools.

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Recruiting Rule (Pages 46 & 47 of TSSAA Handbook)

 

Guidelines For Understanding The "Recruiting Rule" and Understanding "What Is Undue Influence?"

 

1. The major theme of the "recruiting rule" is not "initial contact." The major theme is "exceeding what is normal and appropriate." Initial contact can be a violation, but is only one of many things that can exceed what is normal and appropriate.

 

2. One key is not treating "athletes" or "prospective athletes" any differently than students who are not athletes.

 

3. Students should be seen as students and not singled out based on their potential athletic ability.

 

4. Pre-arranged contact is seen in the same manner as initial contact.

 

5. Any student or family or individual that contacts a coach about attending a school where he/she coaches should be informed that they need to contact the principal, admissions department, or guidance department if they have an interest.

 

6. Any meeting with coaches regarding athletes or prospective athletes or their families should be at the request of the family to the individual(s) responsible for admissions and should take place at the school.

 

7. High school athletics is not the same as colleges recruiting high school athletes for college athletics. High school athletics exist for an entirely different reason. High school coaches should not view 12-, 13-, 14-year-old students in the same manner as college coaches view high school seniors.

 

8. Administrators and coaches must realize that they have more responsibilities than the general public to understand the purpose of high school athletics, the principles behind the TSSAA rules, etc., and to maintain a level of understanding and purpose when dealing with the general public and students.

 

1.

Q. What are some of the guides used in determining whether there has been undue influence used which would result in a violation of the recruiting rule?

 

A. Some examples are, but not limited to:

1. Providing of transportation or other inducement to any prospective student/athlete to take a qualifying examination at a school, meet with school officials, etc.

 

2. Discussion of financial aid based on need with any prospective student/athlete by any member of the coaching staff until the student has enrolled in school (attended 3 days of school). All financial aid questions should be referred to the principal or the person in charge of financial aid. If the person in charge of financial aid is a coach, prior approval must be granted by the Executive Director of TSSAA.

 

3. Any initial contact or prearranged contact by a member of the coaching staff or representative of the school and a prospective student/athlete enrolled in any member school except where there is a definite feeder pattern.

 

4. Any initial contact or prearranged contact by a member of the coaching staff or representative of the school and a prospective student/athlete in the seventh grade and above at any nonmember school except where there is a definite feeder pattern involving the schools.

 

Public high schools may contact public feeder schools (elementary, middle school, junior high school) where there is a definite feeder pattern. Private or parochial schools may contact private schools (elementary, middle school, junior high school) where there is a definite feeder pattern.

 

Private or parochial schools may not contact students enrolled at the public schools. Public schools may not contact students enrolled at the private schools.

 

5. Any contact between a member of the coaching staff or representative of the school and prospective student/athletes prior to, during, or after contests at elementary schools, middle schools, and junior high schools except where there is a definite pattern.

 

6. A member school is prohibited from giving any item with school advertisement (shirts, pennants, caps, jackets, etc.)

 

7. Admitting students to athletic contests free of charge where there is an admission being charged at the contest except where there is a definite feeder pattern involved with the school.

 

8. The offer or acceptance of remuneration or consideration for work in excess of the amount regularly paid for such service.

 

2.

Q. How is undue influence interpreted in the recruiting rule?

 

A. A person or persons exceeding what is appropriate or normal and offering an incentive or inducement to a student with or without an athletic record.

 

3.

Q. What is the penalty for violation of the recruiting rule?

 

A. Violation of the recruiting rule shall cause the student to be ineligible at the school in violation, and a penalty shall be placed against the school.

 

4.

Q. Is it permissible for a coach to contact a student or his/her parents prior to his enrollment in the school?

 

A. No, a coach may not contact a student or his/her parents prior to his enrollment in the school. This shall apply to all students whether or not they have an athletic record.

 

5.

Q. What is allowed by member schools in contacting prospective students?

 

A. A representative of the school may meet with students at a school that is defined as a feeder school or meet with students who are zoned to attend that school the following year. This visit must be cleared by the principals of both schools.

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I would take the TSSAA to civil court over this matter because their rules are not consistent. BA was punished for contacting student/athletes who had a signed contract to attend the school. Whereas, publc school coaches are allowed to go to middle schools and actually talk in person to the potential student atheletes. I know my son had high school coaches come by his middle school to talk to kids who were interested in playing their sport. I also know my son was sent summer workout correspondence months before he enrolled in his public high school.

 

If you don`t this is unfair then you are being totally close minded about BA`s free speech as to a public school`s free speech. The fact of the matter is that it would have been perfectly legal for a public school coach to have gone and talked to those 8th graders (in person) and sent them correspondence as well. I hope BA has a case in civil court. The TSSAA needs to be taken to the woodshed and given a good one.

 

Times have changed and it`s time the TSSAA updates it`s rules. BA did nothing that isn`t afforded to public schools.

 

1 - I agree with you. 2 - Alas, BA did sue the TSSAA in civil court. Although the case isn't officially over since it was remanded to a lower court - but I didn't see the BA press conference to hear what they had to say about their future plans.

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1 - I agree with you. 2 - Alas, BA did sue the TSSAA in civil court. Although the case isn't officially over since it was remanded to a lower court - but I didn't see the BA press conference to hear what they had to say about their future plans.

 

Here are a few things I have been able to find out:

 

BA will pay for its expenses. TSSAA will pay for its expenses. (I think that will also mean that if BA pursues the antitrust, which could be considered frivolous, then TSSAA could go after those expenses. Not positive so wait for further clarification on that.)

 

Case was remanded to lower court which will come out with a new decision based on what the S.C. said. That lower court can then determine the antitrust issue or just leave it alone and let it die.

 

BA is still a member of the TSSAA.

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Here are a few things I have been able to find out:

 

BA will pay for its expenses. TSSAA will pay for its expenses. (I think that will also mean that if BA pursues the antitrust, which could be considered frivolous, then TSSAA could go after those expenses. Not positive so wait for further clarification on that.)

 

Case was remanded to lower court which will come out with a new decision based on what the S.C. said. That lower court can then determine the antitrust issue or just leave it alone and let it die.

 

BA is still a member of the TSSAA.

 

 

 

 

 

Will BA have to finish out their probationary period, that was put on hold, when they went to court?

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Will BA have to finish out their probationary period, that was put on hold, when they went to court?

 

I suppose it's possible, but I kind of doubt it. Nobody involved with any of that is still there, and I think Mr. Carter may believe discretion is the better part of valor in this instance. I certainly am of the opinion that all the publicity, legal fees, and distraction has been more punishment on BA than what the original sanction was.

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I suppose it's possible, but I kind of doubt it. Nobody involved with any of that is still there, and I think Mr. Carter may believe discretion is the better part of valor in this instance. I certainly am of the opinion that all the publicity, legal fees, and distraction has been more punishment on BA than what the original sanction was.

 

 

I totally agree.

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I would take the TSSAA to civil court over this matter because their rules are not consistent. BA was punished for contacting student/athletes who had a signed contract to attend the school. Whereas, publc school coaches are allowed to go to middle schools and actually talk in person to the potential student atheletes. I know my son had high school coaches come by his middle school to talk to kids who were interested in playing their sport. I also know my son was sent summer workout correspondence months before he enrolled in his public high school.

 

If you don`t this is unfair then you are being totally close minded about BA`s free speech as to a public school`s free speech. The fact of the matter is that it would have been perfectly legal for a public school coach to have gone and talked to those 8th graders (in person) and sent them correspondence as well. I hope BA has a case in civil court. The TSSAA needs to be taken to the woodshed and given a good one.

 

Times have changed and it`s time the TSSAA updates it`s rules. BA did nothing that isn`t afforded to public schools.

 

 

The highest level court in the America ruled against a private. They are shameful and all should be disbared.

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I would take the TSSAA to civil court over this matter because their rules are not consistent. BA was punished for contacting student/athletes who had a signed contract to attend the school. Whereas, publc school coaches are allowed to go to middle schools and actually talk in person to the potential student atheletes. I know my son had high school coaches come by his middle school to talk to kids who were interested in playing their sport. I also know my son was sent summer workout correspondence months before he enrolled in his public high school.

 

If you don`t this is unfair then you are being totally close minded about BA`s free speech as to a public school`s free speech. The fact of the matter is that it would have been perfectly legal for a public school coach to have gone and talked to those 8th graders (in person) and sent them correspondence as well. I hope BA has a case in civil court. The TSSAA needs to be taken to the woodshed and given a good one.

 

Times have changed and it`s time the TSSAA updates it`s rules. BA did nothing that isn`t afforded to public schools.

 

In one of today's Tennessean articles:

 

"Brentwood Academy officials acknowledged that this was the end of the First Amendment argument for them. There are no other appeals in the works. The case has been remanded back to the district court.

 

One unresolved issue is whether the state association's 1997 separation of tuition-awarding private schools from the rest of the state schools was a violation of antitrust laws.

 

James Blumstein, a legal consultant for Brentwood Academy, said there was nothing left for the school to pursue in terms of arguing for the antitrust portion of the suit.

 

"It's how the judge wants to consider that," Blumstein said. "It's his call. We've done our part.""

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