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Restraining order placed on the GHSA by the courts


Ga96

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13 minutes ago, Ga96 said:

Judge is correct.

Can you explain how the judge is correct? Did the athlete transfer to the same school as a previous coach within a year?

Hoover it is hard to tell exactly what is going on. The GHSA approved a hardship waiver but then ruled him ineligible. The rumor is that Cook falsified information on the waiver request. 

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14 minutes ago, Iletteredintrack said:

Can you explain how the judge is correct? Did the athlete transfer to the same school as a previous coach within a year?

Hoover it is hard to tell exactly what is going on. The GHSA approved a hardship waiver but then ruled him ineligible. The rumor is that Cook falsified information on the waiver request. 

That is why I ask. Confusing. 

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Just now, HooverOutlaw said:

That is why I ask. Confusing. 

It is very confusing. What it looks like to me is that Cook requested and was granted the waiver based on the bona fide move requirement. They didn’t mention the coach. When the GHSA was notified about the coach, the waiver was revoked because it basically didn’t apply. Cook is trying to argue that it was a blanket waiver and none of the transfer rules have to be followed. 

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6 hours ago, HooverOutlaw said:

I don't know the situation. Is the judge correct or the GHSA right for once?

GHSA.  There are clear rules about following a coach.  It doesn't mean the rules are wonderful, but they are there and the GHSA is enforcing them.  I personally think they are a little over the top due to the level of restriction but I do get the intent.

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From what I gathered the whole situation stems from the players parents getting a divorce and the dates from the divorce filing and the actual divorce were aligned right on the hardship waiver. The ghsa claims after the transfer being reported by Fitzgerald that the kid moved to Adel later than the date on the hardship waiver

 

Basically if a kid transfers he becomes a migrant student and has to sit out that part of the school year which for him was January until the summer.

The ghsa after receiving a report from Fitzgerald's head coach overturned the hardship saying the kids year should've been sat out the following semester starting in August until December. But.... The kid did in fact move to Adel in January which is why the judge and adel are in the right. The ghsa basically went off of a rumor.

 

 

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A Superior Court judge issued a temporary restraining order Friday to prevent the Georgia High School Association from forcing Cook High’s football team to forfeit five games over an ineligible player.

 

The GHSA has not publicly stated its plans to contest the order. The last time a court overruled a GHSA decision, in 2018, the GHSA delayed the Class A baseball playoffs four days until it got the matter settled in its favor.

 

The Cook drama came to a head Oct. 18, when the GHSA declared a Cook transfer student, Kyree Fuller, ineligible for athletics for one year and made Cook forfeit the five victories in which Fuller played. The punishments, which also included a $750 fine to the school, threatened Cook’s 23-season streak of making the playoffs.

 

The GHSA requires that transfer students sit out sports for an academic year unless they meet certain requirements, such as making a legal move into their new school districts without undue influence from the receiving school or coaching staff.

 

Most transfers meet those conditions, and the GHSA approved Fuller’s eligibility in August. But two months later, the GHSA revoked Fuller’s eligibility, presumably when more information came to light, but Alapaha Circuit judge Clayton A. Tomlinson, who issued Friday’s ruling, stated that the GHSA had no provision in its bylaws to punish an athlete or a team retroactively once the GHSA declares the athlete eligible.

 

Fuller, who transferred to Cook in January from Lowndes High, according to the ruling, is now eligible under the restraining order.

 

The GHSA on its website has restored Cook’s victories, making the Hornets’ record 7-2 overall and 5-0 in Region 1-2A. The Hornets beat Fitzgerald on Friday to clinch the region championship, if things stand.

 

In 2018, the GHSA postponed the first round of Class A Public baseball playoffs to allow it time to challenge an injunction issued by a Charlton County judge. Charlton County High was forced to forfeit a baseball game that cost the team a region title and the No. 2 overall seed in the playoffs. An appeals court backed the GHSA.

 

 

Lowndes and adam carter are on the paper work because they have to be or the ghsa would fine them for not following the rules they agreed to as being a member school of the ghsa.

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Maybe I'm misreading it, but it looks like the GHSA *does* have a policy for retroactive requirement of forfeiture if an athlete is found to be ineligible.

1.13 If a student ruled ineligible by the GHSA, competes interscholastically due to the terms of a court restraining order or injunction against his/her school and/or the GHSA, and then has the court order vacated, stayed, reversed, or ruled unjustified; the Executive Director shall take one or more of the following actions against the school involved in the interest of restitution and fairness to the competing school(s):
(a) Require that individual and/or team records and performances achieved during participation by the
ineligible student be vacated or stricken.
(b) Require that team victories be forfeited to the opponent(s).
(c) Require that team awards earned by the school or individual awards earned by the ineligible student be
returned to the GHSA.

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