Fayetteville to forfeit 6 wins

[PullinGuard]

3 minutes ago, Southtowner said:

They'll interpret their rules for you.  You being a volunteer member of the Association. you'll abide by said rules.  

That’s the rub. The TSSAA now has no direct role in interpreting the rule. The court now has full authority. 

I have no doubt you are correct if It were simply an appeal. 

Edited October 30, 2019 by PullinGuard

[93grad]

15 minutes ago, PullinGuard said:

Fayetteville is in the right. 

This all hinges on the definition of ‘territory’. Here is the TSSAA definition. 

***
Territory – For a public school, the “territory” of the school is the geographic boundaries and bus routes of the area served by that school as established by the local board of education. For a system-wide public school or a home school student participating at a public school, the “territory” of the school is the geographic boundaries of the school system. For a non-public school or a home school student participating at a non-public school, the “territory” of the school is the area within a twenty (20) mile radius from the school. 

***

Now, the ‘bus route’ specification is quite clearly meant to apply to ‘zoned’ school districts, with multiple high schools in specific and enforced  zones within a system. The territory for a zoned HS among multiple High schools in the system is within the bus routes of the particular zone and also within the geographic boundaries of the system that fall within that zone.

The territory for a ‘system-wide’ HS is only the geographic boundaries - bus routes do not apply (they are intended to define the zones for multi-school systems). 

Fayetteville is clearly a system-wide school, since there is only one HS in the system. By the TSSAA’s rules, Fayetteville’s territory is defined exclusively by the geographic boundaries (all of Lincoln County acc’d to the school board, which the TSSAA recognizes has full authority in this matter).

I don’t know if this was an attempt by the TSSAA to subvert the rules or simply an inability to correctly understand and apply them, but it’s clear that the previous ruling is incongruent with the published TSSAA rules and definitions. 

 

I heard the mic hit the floor!  That is a great post to read.....GO TIGERS!!!

[justagoodoleboy]

32 minutes ago, PullinGuard said:

Fayetteville is in the right. 

This all hinges on the definition of ‘territory’. Here is the TSSAA definition. 

***
Territory – For a public school, the “territory” of the school is the geographic boundaries and bus routes of the area served by that school as established by the local board of education. For a system-wide public school or a home school student participating at a public school, the “territory” of the school is the geographic boundaries of the school system. For a non-public school or a home school student participating at a non-public school, the “territory” of the school is the area within a twenty (20) mile radius from the school. 

***

Now, the ‘bus route’ specification is quite clearly meant to apply to ‘zoned’ school districts, with multiple high schools (NOT system-wide schools) in specific and enforced  zones within a system. The territory for a zoned HS among multiple High schools in the system is within the bus routes of the particular zone and also within the geographic boundaries of the system that fall within that zone.

The territory for a ‘system-wide’ HS is only the geographic boundaries - bus routes do not apply (they are intended to define the zones for multi-school systems). 

Fayetteville is clearly a system-wide school, since there is only one HS in the system. By the TSSAA’s rules, Fayetteville’s territory is defined exclusively by the geographic boundaries (all of Lincoln County acc’d to the school board, which the TSSAA recognizes has full authority in this matter).

I don’t know if this was an attempt by the TSSAA to subvert the rules or simply an inability to correctly understand and apply them, but it’s quite clear that the previous ruling is incongruent with the published TSSAA rules and definitions. 

 

Do you have a card for Morgan & Morgan thou?! 

[rlh]

16 minutes ago, Southtowner said:

They'll interpret their rules for you.  You being a volunteer member of the Association. you'll abide by said rules.  

Due to the Supreme Court of the U.S. ruling in 2001, the TSSAA isn't considered private because the Tennessee Board of Education, which had granted regulatory authority to the association regarding athletics.  This was one of the things that came out with Brentwood Academy's fight with the TSSAA back in the 90s. TSSAA got their butts handed to them in 2 lower courts after that ruling.   It was also what led to Div II coming to be. 

Edited October 30, 2019 by rlh

[oneyewilly]

13 minutes ago, PullinGuard said:

That’s the rub. The TSSAA now has no direct role in interpreting the rule. The court now has full authority. 

I have no doubt you are correct if It were simply an appeal. 

If it was just an appeal they would no doubt lose the appeal. I say it was a very smart decision to put it in the courts hand and let an unbiased judge make the decision. *Hopefully unbiased* 

[Southtowner]

4 minutes ago, rlh said:

Due to the Supreme Court of the U.S. ruling in 2001, the TSSAA isn't considered private because the Tennessee Board of Education, which had granted regulatory authority to the association regarding athletics.  This was one of the things that came out with Brentwood Academy's fight with the TSSAA back in the 90s. TSSAA got their butts handed to them in 2 lower courts after that ruling.   It was also what led to Div II coming to be. 

I know.  They are considered a 'State actor.'

[Guy001]

18 minutes ago, PullinGuard said:

That’s the rub. The TSSAA now has no direct role in interpreting the rule. The court now has full authority. 

I have no doubt you are correct if It were simply an appeal. 

And the most obvious reason they would choose litigation

[rlh]

Just now, Southtowner said:

I know.  They are considered a 'State actor.'

SCOTUS ultimately sided with the TSSAA 9 - 0 in 2007, but the DII stuff was already implemented by the TSSAA at that time. 

[rlh]

30 minutes ago, Southtowner said:

I don't think the TSSAA has ever lost one of these type cases.  I don't think they'll lose this one either.  

BTW, I agree with you.  I don't think the TSSAA will lose this in court.  TSSAA know the rules on "territory" and so does Fayetteville.

Edited October 30, 2019 by rlh

[Goldenpride]

When will decision be made final?

Edited October 30, 2019 by Goldenpride

[rlh]

Just now, Goldenpride said:

When Willa decision be made final

It will depend on the speed of the courts. 

[Vandychris]

17 minutes ago, Goldenpride said:

When will decision be made final?

According to WHNT the hearing in court will take place Nov 13