Fayetteville to forfeit 6 wins

[PullinGuard]

19 minutes ago, rlh said:

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.

Past performance may not be indicative of future results.  

[Vandychris]

My personal thought. To be a member of TSSAA, you must abide by the procedures set forth in the appeals process. Since they are now not in compliance with those procedures, can their membership be revoked until they do become compliant again? If so this might not turn out so well for Fayetteville.

[PullinGuard]

14 minutes ago, Vandychris said:

My personal thought. To be a member of TSSAA, you must abide by the procedures set forth in the appeals process. Since they are now not in compliance with those procedures, can their membership be revoked until they do become compliant again? If so this might not turn out so well for Fayetteville.

The court affirmatively doesn’t know if they are in compliance. How do you?

The point is, the court alone will decide if the kid is/was eligible. No, the TSSAA cannot act in contempt of the court order to cease and desist. 

Edited October 30, 2019 by PullinGuard

[Vandychris]

1 minute ago, PullinGuard said:

The court affirmatively doesn’t know if they are in compliance. How do you?

Compliance with the appeals process. By not going through appeals as set forth in by-laws, would that make them "not in compliance"? I would think that does.

[PullinGuard]

5 minutes ago, Vandychris said:

Compliance with the appeals process. By not going through appeals as set forth in by-laws, would that make them "not in compliance"? I would think that does.

Once again, the court order governs. There is nothing to appeal at the moment - the player is and has been 100% eligible according to court order. 

Should the TSSAA punish Fayetteville for not appearing, they would be 100% in contempt of court.  State laws trump TSSAA bylaws and preferences. 

Edited October 30, 2019 by PullinGuard

[Vandychris]

So,with a Nov 13 court date, this team will be in the playoffs. So what happens on Nov 13 if the court says Fayetteville is in the wrong and the kid is in fact ineligible. You now have a situation of a team being in the playoffs that shouldnt have been. Another team that woudl be in their place is left out and has no recourse. That is a crappy way for FHS to be doing business rather than simply going through the appeals process. Seems they fear the TSSAA has everything they need to keep the original forfeiture in place.

[District12AA]

This case will not be settled in the coming days or months. It will be a year plus before this is finalized . Fayetteville will get in the playoffs, they don't care if they win the case because they know the process will take long enough to allow them to compete. Heck the Memphis East case is still in court and will probably be by the time Wiseman is in the NBA

[PullinGuard]

7 minutes ago, Vandychris said:

So,with a Nov 13 court date, this team will be in the playoffs. So what happens on Nov 13 if the court says Fayetteville is in the wrong and the kid is in fact ineligible. You now have a situation of a team being in the playoffs that shouldnt have been. Another team that woudl be in their place is left out and has no recourse. That is a crappy way for FHS to be doing business rather than simply going through the appeals process. Seems they fear the TSSAA has everything they need to keep the original forfeiture in place.

I’m not convinced the Nov 13 date is accurate. That’s exactly 15 days from now, and that’s the outer limit - not sure that wasn’t an assumption. We’ll see  

Kerp in mind that a poster in this site stated on Oct 5th that an official had told him this was going to occur - more that three weeks ago.  The delay was not due to Fayetteville. 

I think the TSSAA has  interpreted their own rule wrong, and not by a little. Sure looks like they made a point to delay all of this as well.  Could be wrong, but I can’t imagine how a poster would have mentioned this 3 1/2 weeks ago, by accident, out if the blue.   

We’ll see. 

Edited October 30, 2019 by PullinGuard

[Vandychris]

MY opinion....and I do not have a dog in the race.

If the TSSAA steps in and says you have used an ineligible player and you forfiet games as a result and you file for a restraining order and throw this thing into a court case, you should automatically have your membership revoked until you comply with the by-laws regarding appeals process. You have stepped out of bounds, IMO. IF you go through the appeals process, and then file a lawsuit, different story. That is not the case here. I personally think they should have their membership revoked until they go through the appeals process as set forth in the by-laws.

[Waker]

6 minutes ago, Vandychris said:

So,with a Nov 13 court date, this team will be in the playoffs. So what happens on Nov 13 if the court says Fayetteville is in the wrong and the kid is in fact ineligible. You now have a situation of a team being in the playoffs that shouldnt have been. Another team that woudl be in their place is left out and has no recourse. That is a crappy way for FHS to be doing business rather than simply going through the appeals process. Seems they fear the TSSAA has everything they need to keep the original forfeiture in place.

I have asked this question myself. If they win in first round but lose in court, who move on? The loser of the first round game???

[Vandychris]

1 minute ago, Waker said:

I have asked this question myself. If they win in first round but lose in court, who move on? The loser of the first round game???

The second round game would then be forfeited. The first round loser has no recourse and neither would the team that is left out in favor of the ineligible team. It stinks to high heaven.

[PullinGuard]

2 minutes ago, Vandychris said:

MY opinion....and I do not have a dog in the race.

If the TSSAA steps in and says you have used an ineligible player and you forfiet games as a result and you file for a restraining order and throw this thing into a court case, you should automatically have your membership revoked until you comply with the by-laws regarding appeals process. You have stepped out of bounds, IMO. IF you go through the appeals process, and then file a lawsuit, different story. That is not the case here. I personally think they should have their membership revoked until they go through the appeals process as set forth in the by-laws.

You can’t appeal a decision that the court has overturned. The TSSAA does not have authority of the court system and the State of Tennessee. 

As of this morning, the kid is, and always was eligible. Nothing to appeal.