Continuously serving Kosciusko County since 1854
The IHSAA went to a higher court - to the same result.
In a decision announced Monday, the Court of Appeals of Indiana upheld an earlier decision by Kosciusko County judge Robert Burner in the case of girls basketball player Sam Wideman.
Burner had ruled for the Widemans, granting an injuctive relief from the IHSAA's ruling that Wideman be declared ineligible for athletics for 365 days after transfering to Warsaw Community High School from Tippecanoe Valley High School last year.
The IHSAA appealed the case and the decision came down hard on the organization.
In reviewing the previous case, the Court Of Appeals ruled that the Widemans move to Warsaw was justified.
"In the present case, the uncontroverted evidence is clear that the Widemans' change of residence was 'bona fide' as defined by the IHSAA rules," the court stated in its findings. "As previously discussed, there is substantial evidence in the record that Samantha did not transfer 'primarily for athletic reasons' and that the IHSAA's ruling was arbitrary and capricious."
Wideman missed the entire volleyball season for the Tigers and the first five basketball games before getting the injunctive relief. She played the rest of her junior season and has already played her senior year on the volleyball squad and the first seven basketball games of this season.
The Court of Appeals ruled that the evidence presented in the earlier case was the underlying reason behind not overruling Burner's decision.
"A large portion of the evidence was conflicting, unsubstantiated and hearsay," the court stated.
The Court Of Appeals also addressed the IHSAA's "Restitution Rule," which could have caused Warsaw to forfeit any games won in which Wideman played if the decision was overruled. As in the rest of the case, the Court of Appeals found no reason to change Burner's decision.
"This Court specificially found this rule to be manifestly unreasonable thereby upholding the trial court's decision prohibiting its enforcement against a student and member school."
The Court of Appeals summed things up this way.
"Accordingly, this finding establishes that the public interest would not be disserved by granting Samantha injunctive relief from the enforcement of an arbitrary and capricious ruling by the IHSAA."
The case was handled for the Widemans by Warsaw attorney Steven R. Hearn.
