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Highlands challenging Mitchell ruling … Posted by rernst February 10th, 2010, 10:28 am

I know it’s been five years since the KHSAA imposed sanctions on Highlands and football coach Dale Mueller for playing Covington Catholic transfer Mike Mitchell during the 2004 season, but the case, apparently, is still active.

The Fort Thomas Board of Education is asking the KHSAA to rescind its sanctions in the case, which included the forfeiture of 12 games, a $1,500 fine, three years probation and a two-scrimmage, two-game suspension of Mueller.

Here’s the transcript of a letter drafted yesterday by the Fort Thomas Board of Education:

February 9, 2010
Joe Brothers, Chairman
Kentucky Board of Education

Capital Plaza Tower 1st Floor

500 Mero Street

Frankfort, KY 40601

Re: Kentucky High School Athletic Association Sanctions Against

Highlands High School and Dale Mueller

Dear Mr. Brothers:

This letter is to request the Kentucky Board of Education (the “Board”) to direct the Kentucky High School Athletic Association (“KHSAA”) to rescind the sanctions it imposed on Highlands High School (“Highlands”) and its head football coach Dale Mueller (“Coach Mueller”) in violation of KHSAA’s bylaws and Kentucky law.

By its March 31, 2005 letter to Elgin Emmons, Principal of Highlands, the KHSAA imposed sanctions on Highlands and Coach Mueller for obeying an order of the Campbell Circuit Court in a lawsuit filed by Michael Mitchell, a Highlands student, who was ultimately found to be eligible to play football by the courts. A copy of a booklet containing information regarding this is enclosed (see section 9).

It is now clear that imposing the sanctions violated the KHSAA’s bylaws and the terms set forth in Highland’s application for membership submitted to the KHSAA for the year in question. The Legislative Research Commission’s Program Review and Investigations Committee in its Approval draft report dated December 10, 2009, Chapter 1, page 2, a copy of which is in the enclosed booklet (see section 12), found that the KHSAA “imposed penalties despite the court’s ultimate finding that the student was eligible.”

As set forth in the enclosed booklet, the sanctions violate the KHSAA’s own rules and Kentucky law. The KHSAA has admitted that its conduct in this case of sanctioning Highlands for simply obeying a court order is wrong since it has since changed its rule so that, in the future, schools cannot be sanctioned for complying with a court order.

Despite previous requests, the KHSAA continues to attempt to justify its violation of its own rules and Kentucky law and continues to refuse to rescind the sanctions. See the December 3, 2009 letter from the KHSAA to Judith Gibbons in the enclosed booklet (see section 12).

Since the KHSAA is continuing its illegal course of conduct and will not rescind the illegal sanctions, Highlands and Coach Mueller are by this letter requesting the Board to direct the KHSAA to do so in fairness to Highlands, Coach Mueller and the students of Highlands and to serve as a precedent that the KHSAA must cease and correct its illegal conduct so that other schools and coaches are not illegally sanctioned by the KHSAA in the future.

We believe that this corrective action will only be required with respect to Highlands, based on Commissioner DeVries testimony before the State School Board that sanctions had never been imposed when a student was ultimately declared eligible by the courts (for some reason she did not mention the Highland’s situation).

The rescission of these sanctions is simply the only right thing to do as the KHSAA is supposed to serve as a model of high standards and ethical conduct for all high school students throughout the Commonwealth of Kentucky.

Thank you for your assistance with this important matter. We look forward to hearing from you.

Sincerely,

John Williamson

Superintendent

Brian Robinson

Principal

Dale Mueller

Athletic Director

cc: Judith Gibbons