Here's the latest from today's Kentucky Post:
The KHSAA contends Mitchell has been ineligible all season. He has been able to play because former Campbell Circuit Judge William Wehr granted a temporary injunction in August halting the association from banning Mitchell. Earlier this week, however, the state Court of Appeals dissolved that injunction, saying Wehr failed to cite specific reasons for granting it.
"A close examination of the KHSAA Board of Control's conclusions of law, when applied to the undisputed findings of fact, apparently provides a justification for the KHSAA's decision to declare Michael ineligible," said the decision, written by Senior Judge Thomas Emberton of Edmonton, in Metcalfe County.
"However, it is not clear whether the Campbell circuit judge considered this, or any, issue prior to granting the temporary injunction."
Questions about Mitchell's status began shortly after he transferred from Covington Catholic in January and his parents moved to an apartment in Fort Thomas.
Under KHSAA Bylaw 6, athletes who transfer from one school to another generally have to sit out a year, although the association routinely grants waivers for legitimate moves. The Mitchells said their son's transfer should qualify.
According to court records:
Maurice Mitchell said his son's academic record at Covington Catholic did not justify the annual tuition of $6,000.
The family moved to an apartment in Fort Thomas because Mitchell's mother had undergone surgery and could no longer live in the family's two-story house in Florence. They took a one-year lease because they were exploring the option of buying a condo.
The Mitchells rented out the Florence house to their eldest son and his roommate.
This strikes me as a classic case of a kid transferring to "gain an athletic advantage", which is clearly prohibited by the KHSAA. The rule of thumb is that you must entirely divest yourself of your previous dwelling and move into a new residence in the new school district. In this case, that was not done. They kept their old home (rented it to a son), moved into an apartment (not a home), and signed a lease for only one year (until the player's eligibility expired). This isn't the first time the Bluebirds have pulled this...but they got caught this time.
While I feel sorry for the kid, I feel worse for all of the teams Highlands has beat this year. The high school knew this kid shouldn't have been playing, but they played him anyway.
BTW, guess the residency of the Campbell County judge (now deceased) who granted the bogus injunction? Yep, you guessed it: Fort Thomas. If I was a conspiracy nut, I'd think the 'Birds Booster Club had the old judge whacked once he made the favorable decision. But then, I'm not a conspiracy nut...yet.
Thursday, December 02, 2004
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