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INDIANA HIGH SCHOOL ATHLETIC ASS'N, INC. v. DURHAM
748 N.E.2d 404 (2001)
The INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION, INC., Appellant-Defendant,
v.
Joan DURHAM, Individually, and Joan Durham as Natural Parent and Guardian of Bernard L. Durham, a Minor, and Bernard L. Durham, Appellees-Plaintiffs.
No. 49A05-9912-CV-00531.
Court of Appeals of Indiana.
May 7, 2001.
Robert M. Baker III, Johnson, Smith, Pence & Heath, LLP, Indianapolis, IN, Attorney for Appellant.
Harry L. Gonso, Mary Nold Larimore, Ice Miller, Indianapolis, IN, Attorneys for Appellees.
VAIDIK, Judge. Case SummaryThe Indiana High School Athletic Association (IHSAA) appeals the trial court's issuance of a permanent injunction against the IHSAA's denial of full eligibility and a hardship exception for Bernard Durham (B.J.). The trial court found that the IHSAA's decision was arbitrary and capricious. Upon appeal, the IHSAA asserts that the trial court's findings are clearly erroneous, given the broad discretion afforded to its eligibility decisions. Because we agree that the IHSAA's decision to deny B.J. full eligibility and a hardship exception was arbitrary and capricious, we affirm the trial court. Facts and Procedural HistoryIn the summer of 1999, B.J. transferred from Park Tudor High School (Park Tudor) to North Central High School (North Central). B.J. participated in varsity cross-country and track during his freshman and sophomore years at Park Tudor. B.J. had attended private school, either at Park Tudor or at St. Richard's School since second grade. B.J. has three brothers who also attended private schools. During 1998, B.J.'s mother, Joan Durham, and her husband, Tim Durham, separated and initiated divorce proceedings.
Tim is not B.J.'s biological father. B.J.'s biological father lives in France and does not contribute to B.J.'s support. Around January or February of 1999, the time came to sign 1999-2000 re-enrollment contracts for B.J. and his three brothers in their private schools. At that time, Joan and Tim's divorce was not yet final. Joan decided not to sign the contracts because she could no longer afford the tuition to send her children to private schools.1 She instead enrolled her sons including B.J. in the public school system where the family resided, Washington Township. B.J. enrolled in North Central.
1. Eventually, one brother, who was Tim's only biological son, continued attending private school because Tim was obligated to pay his tuition. Further, another one of B.J.'s brothers went to France to live with his father. 2. See IHSAA Manual, Rule 19. 3. The Restitution Rule, Rule 17-6 of the IHSAA By-laws, reads:
If a student is ineligible according to Association Rules but is permitted to participate in interschool competition contrary to Association Rules but in accordance with the terms of a court restraining order or injunction against the student's school and/or the Association and the injunction is subsequently voluntarily vacated, stayed, or reversed or it is finally determined by the court that injunctive relief is not or was not justified, any one or more of the following action(s) against such school in the interest of restitution and fairness to competing schools shall be taken: a. Require individual or team records and performances achieved during participation by such ineligible student be vacated or stricken; b. Require team victories be forfeited to opponents; c. Require team or individual awards earned be returned to the Association; and/or d. If the school has received or would receive any funds from an Association tournament series in which the ineligible individual has participated, require that the school forfeit its share of net receipts from such competition, and if said receipts have not been distributed, authorize the withholding of such receipts by the Association. 4. See IHSAA Manual, Rule 17-6. 5. We note that unpublished trial court decisions do not serve as precedent for this case and may only be considered for their persuasive value. See Ind. Dep't of Natural Res. v. United Minerals, Inc.,686 N.E.2d 851, 857 (Ind.Ct.App.1997), trans. denied.
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