Judge Burner Grants Injunction
July 28, 2016 at 4:25 p.m.
Kosciusko County Superior Court Judge Robert Burner gave Sam Wideman and her family the first bit of good news in the ongoing case of her athletic eligibility at Warsaw Community High School.
With his order on Thursday, Burner granted the Widemans' request for temporary injunctive relief that will allow Wideman to play until another hearing is set on the case.
Burner's ruling stated that, "... the IHSAA Rule 19 is arbitrary and capricious and not supported by substantial evidence of probative value, and lacks a reasonably sound basis of evidentiary support."
The ruling makes Wideman, who transferred from Tippecanoe Valley High School in the summer, eligible for the Tigers' game against No. 15 Huntington North on Saturday. Wideman averaged over 11 points a game for the Vikings last season, but has been ineligible through both the volleyball season and the first four games of the basketball season.
"We think he (Burner) agreed with the Widemans that there was a bona fide change of residence, and there was no evidence to uphold the decision of the IHSAA," R.Steven Hearn, the Widemans' attorney, said.
Burner ordered in his ruling that, "... Samantha Wideman is eligible under the rules of the IHSAA to immediately participate in interscholastic athletics at Warsaw Community High School."
Now, another hearing could be set to go through all this again, but no timetable has been set. Another matter, the restitution rule, is also still up in the air. The rule states that if another hearing rules Wideman ineligible, Warsaw could be made to forfeit any wins with Wideman in the lineup.
"The restitution rule doesn't even come into play yet," Hearn said. "The restitution provides what will happen if his (Burner) decision is overturned. That is something that is down the road. It is not relevant or important at this point."
After going through two hearings with the IHSAA and one last month with Judge Burner, Hearn and the Wideman family are probably not ready to get back into a court room any time soon.
"The next step is anybody feels there is new evidence and then either party can ask the court to set up for a final hearing," Hearn said. "The court will do so when the first time they have available. We just got the decision yesterday (Thursday) at 4 p.m., so we have not made any decisions at all." [[In-content Ad]]
Latest News
E-Editions
Kosciusko County Superior Court Judge Robert Burner gave Sam Wideman and her family the first bit of good news in the ongoing case of her athletic eligibility at Warsaw Community High School.
With his order on Thursday, Burner granted the Widemans' request for temporary injunctive relief that will allow Wideman to play until another hearing is set on the case.
Burner's ruling stated that, "... the IHSAA Rule 19 is arbitrary and capricious and not supported by substantial evidence of probative value, and lacks a reasonably sound basis of evidentiary support."
The ruling makes Wideman, who transferred from Tippecanoe Valley High School in the summer, eligible for the Tigers' game against No. 15 Huntington North on Saturday. Wideman averaged over 11 points a game for the Vikings last season, but has been ineligible through both the volleyball season and the first four games of the basketball season.
"We think he (Burner) agreed with the Widemans that there was a bona fide change of residence, and there was no evidence to uphold the decision of the IHSAA," R.Steven Hearn, the Widemans' attorney, said.
Burner ordered in his ruling that, "... Samantha Wideman is eligible under the rules of the IHSAA to immediately participate in interscholastic athletics at Warsaw Community High School."
Now, another hearing could be set to go through all this again, but no timetable has been set. Another matter, the restitution rule, is also still up in the air. The rule states that if another hearing rules Wideman ineligible, Warsaw could be made to forfeit any wins with Wideman in the lineup.
"The restitution rule doesn't even come into play yet," Hearn said. "The restitution provides what will happen if his (Burner) decision is overturned. That is something that is down the road. It is not relevant or important at this point."
After going through two hearings with the IHSAA and one last month with Judge Burner, Hearn and the Wideman family are probably not ready to get back into a court room any time soon.
"The next step is anybody feels there is new evidence and then either party can ask the court to set up for a final hearing," Hearn said. "The court will do so when the first time they have available. We just got the decision yesterday (Thursday) at 4 p.m., so we have not made any decisions at all." [[In-content Ad]]