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Friday, September 25, 2009
Ind. Decisions - Still more on "IHSAA appealing Jasmine Watson ruling"
Yesterday's 2-1 COA opinion in the case of IHSAA v. Jasmine S. Watson (see ILB summary here) is the subject of a story today in the South Bend Tribune, reported by Alicia Gallegos, and headlined "Appellate court rules for ex-Washington High player Watson: IHSAA appeal denied in South Bend basketball case." Some quotes:
SOUTH BEND — College freshman Jasmine Watson can finally move forward from her battle to play basketball at Washington High School knowing she has the full backing of Indiana law.In a decision filed Thursday, the Indiana Court of Appeals ruled in favor of Watson and the South Bend Community School Corp., upholding last year's trial court decision to let Watson play ball at Washington.
The court decision ends a lengthy battle between Watson's family and the Indiana High School Athletic Association, which said the teen transferred to Washington from Elkhart Memorial primarily for athletic reasons and was in violation of IHSAA rules. * * *
Watson was allowed to play the remainder of her senior year at Washington High School last winter after Senior Judge David Matsey ruled in her family's favor. But the IHSAA appealed the move in January, putting Washington High School at risk of having any wins that Watson played in forfeited.
In the 44-page appeals court order, Chief Judge John G. Baker and Judge Patricia Riley agreed that the IHSAA acted “arbitrarily and capriciously” when it ruled Watson was ineligible to play basketball in South Bend.
“The standard that the IHSAA applied to the Watsons was unreasonable, untenable and unrealistic,” the order reads. “... It is certainly possible that athletics played a role (in the move) but to say that athletics played a primary role is to ignore and disregard the evidence ... that this family was struggling and that (Valerie Watson) did what she believed to be the best thing for her children.”
A third appeals judge, Judge Ezra Friedlander, disagreed with the majority. He wrote there was considerable evidence that Watson was recruited to Washington and that the family's move was motivated by athletics. * * *
Watson is now a freshman at the University of Massachusetts, and her mother said she just finished up basketball conditioning. The family has done its best to move forward and is doing well, Valerie Watson said.
Posted by Marcia Oddi on September 25, 2009 09:46 AM
Posted to Ind. App.Ct. Decisions