Fayetteville to forfeit 6 wins

[Southtowner]

Would it be outside the norm or unusual practice for both sides to be in touch with each other.  Say, using a lawyer to communicate? 

[Southtowner]

1 minute ago, PullinGuard said:

They can't do that, because they are subject to their own rules, etc.  This situation is even comtemplated and dealt with.  The actions referred to below are fines, forfeits, etc., like normal. 

 

2019-20 TSSAA Handbook Page 27 June 20, 2019 C.

Section 13. If a student is ineligible according to TSSAA rules but is permitted to participate in interscholastic competition contrary to such TSSAA rules but in accordance with the terms of a court restraining order or injunction against his/her school and/or the TSSAA, and that injunction is subsequently voluntarily vacated, stayed, reversed or finally determined by the courts that injunctive relief is not or was not justified or expires without further judicial determination, those actions stipulated in Section 12 and 14 shall be taken.

Yeah, I read that earlier when I post the definition of a system-wide school.

[jimmycrackedthatcorn]

I am thinking the school who complained the last time waited until they played them so they would get the win by forfeit. They could not beat them otherwise. 

[93grad]

I still would like to know if tssaa only investigates complaints from member schools or individuals or both.  If only schools then you would think only possibly valid complaints are investigated.  If individuals complaints are fielded then they would be swamped.  I would like to know how the complaint was received, via member school or individual.  

[PullinGuard]

4 minutes ago, Southtowner said:

Would it be outside the norm or unusual practice for both sides to be in touch with each other.  Say, using a lawyer to communicate? 

Not that kind of restraining order. 

A restraining order can restrict some party from doing pretty much anything the court orders.  Many are in domestic situations and restrain a person from being near another.  That's just one example.

A restraining order could stop someone from selling particular tires, renting an unsafe house, playing loud music, or in this case, declaring a player ineligible.

Edited October 30, 2019 by PullinGuard

[orngnblk]

6 minutes ago, PullinGuard said:

No, this isn't a restraining order in the sense that you might commonly encounter in domestic situations.

The net effect of this restraining order was to rule the player eligible until further ruling.

10-4!

[mrbigster]

6 hours ago, Poundtherock23 said:

You are correct 100%, but how long does this process take? Would the director that made the ruling in September be able to attend to make statements on why he ruled  the way he did then? I by no means think you should skip the appeals process altogether, but time is against you this late in the season. 
 

I, like many of the posters on here, would like to see what made the TSSAA rule the way they did this past week. Transparency, to me, is key in this whole situation.

I agee.The TSSAABeen doing this a long time and something must be not in accordance to their bylaws

[Southtowner]

1 minute ago, PullinGuard said:

Not that kind of restraining order. 

A restraining order can tell restrict some party from doing pretty much anything the court orders.  Many are in domestic situations and restrain a person from being near another.  That's just one example.

A restraining order could stop someone from selling particular tires, renting an unsafe house, playing loud music, or in this case, declaring a player ineligible.

The reason I brought up a lawyer,  I believe Signal mountain had a lawyer accompany them to their appeal hearing. 

[MCHSBigBlue]

Eligibility issue now in local court’s hands

Oct 29, 2019

 

A temporary restraining order and injunction filed by Fayetteville High School in Lincoln County Chancery Court against the Tennessee Secondary School Athletic Association (TSSAA) was granted, resulting in the special called session of the association’s board of control this afternoon being cancelled.

In essence, the actions will place the matter of whether a member of the FHS football team is eligible to play in the hands of the local court system. 

Circuit Court Judge M. Wyatt Burk wrote that the TSSAA's punishment of six game forfeitures and $600 fine be "restrained from enforcing the penalties and sanctions ..."

A hearing is scheduled for 11 a.m. Nov. 13 to determine whether the order should be extended. Since that date is after the first round of the state playoffs, Fayetteville is now eligible for the postseason, but the date could be moved up. The playoffs start Nov. 8.

Contending that the athlete’s address is not within Fayetteville’s city limits, thus outside the school’s territory, the TSSAA issued a release Friday, stating that FHS was deemed to have played an ineligible transfer in six of the school’s first seven games. That statement, though, contradicted the decision of TSSAA Executive Director Bernard Childress, who, on Sept. 6, had declared the transfer as eligible. This morning a temporary restraining order has been issued restraining the TSSAA from conducting the hearing scheduled for this afternoon regarding the ongoing issue surrounding their ruling delivered last week,” Dr. Janine Wilson, director of Fayetteville “City Schools, said earlier today. “As a result of this step, we will not be appearing for an appeal hearing with the TSSAA Board of Control .“But we will, however, present our case in front of a court of law to be conducted at a later date,” she added. “The decision to seek relief in court was not made in haste. We feel that this course of action is the most appropriate step to address the situation for the benefit of our players and coaches.”

The FHS Tigers head into their game this week with a 9-0 record, 5-0 in Region 5-1A play, assured of a first-round appearance as the top seeded team in the state playoffs, but if the most recent TSSAA decision stands, that record would go to 3-6, 0-5 in the region, and strip the school of its Region 5-1A Championship. 

Friday night the Tigers face Sale Creek, an East Tennessee team, at Finley Stadium on the campus of the University of Tennessee at Chattanooga. Game time is at 7 p.m. Eastern, 6 p.m. Central. Due to the time change and heavy traffic, and the need for buses to be used for the game, city schools will close at 1 p.m.

Edited October 30, 2019 by MCHSBigBlue

[Varo]

2 hours ago, PullinGuard said:

You seem to know TSSAA history (I don't), and you've said you don't recall them ever losing a court case like this.  Have they ever granted an appeal in a relatively high-profile case like this? 

I think the appeal would have been gone through except for the timing.  If they get a 'no' Friday afternoon, there are no avenues left. 

I can't help but recall that there was a poster on here that said this was all going to happen as far back as Oct 5th - said an official told him.  Seems like if the ruling had come down back then (or before), there would have been plenty of time to go through the appeal.  Might not have even needed any appeals if the ruling had happened before 2-3 region games.

You are referring to Volnation66, who at the time had 11 posts to his credit.  He posted it at 2:03 a.m. on 10/05/2019.  You can find it on the Cornersville @ Fayetteville City thread which currently the 8th page in Class 1A & 2A Topics.  It is on page 16 of 19 of that thread, and can read the subsequent comments made.

 

[Southtowner]

Again,  I think Fayetteville should put an end to the restraining order, call up the Association, have them call a special BOC hearing on this matter ASAP and let them make the decision and live with it. 

The reason I say this is Fayetteville is not gonna win this type of case.  No how,  no way.  

Just take a step back,  take a deep breath and let rational thinking prevail.  

[RocketHouse]

8 minutes ago, Varo said:

You are referring to Volnation66, who at the time had 11 posts to his credit.  He posted it at 2:03 a.m. on 10/05/2019.  You can find it on the Cornersville @ Fayetteville City thread which currently the 8th page in Class 1A & 2A Topics.  It is on page 16 of 19 of that thread, and can read the subsequent comments made.

 

The TSSAA all clear letter was given to Fayetteville on 9/6. The same day a 5 week stretch of region games began.  The comment on CoachT predicting how the season would end occurred a few hours after their 5th and final region game was won. Dubious timing!

Edited October 30, 2019 by Salem