Apparently, the Bluebirds have not learned a lesson. Arrogance, arrogance, arrogance. And this kid's dad is a fool.
Hearing slated for Highlands appeal
By Feoshia HendersonPost staff reporter
An appeal hearing for Highlands High School has been set for next month in the case of the football star who the state athletic association deemed ineligible for the 2004 season.
In an April ruling, the Kentucky High School Athletic Association made the school forfeit games in which running back Michael Mitchell participated - all except the opener and state championship.
KHSAA bylaws permitted the Fort Thomas school to hold on to its state championship, though, with a 2-13 record. The record had been 14-1 before the KHSAA ordered the forfeits.
The KHSAA hearing is set for 8:30 a.m. June 6 at the association's Lexington offices. The hearing is a day after Mitchell, a senior, is set to graduate from the high school.
The 17-year-old was ruled ineligible by the KHSAA but was approved to play in Campbell Circuit Court.
Mitchell has obtained a court injunction allowing him to play baseball and run track, which the KHSAA has appealed, thus keeping him from participating.
On Friday, he'll be back in Campbell Circuit Court before Judge Julie Reinhardt Ward in an effort to run on the track team.
Highlands attorney Don Ruberg said the school was being cautious following the KHSAA's sanctions.
"We've got two different bodies telling us two different things. Both of them have the power to impose sanctions if we don't obey them," Ruberg said.
"One's saying you can't play the boy; one's saying the boy's eligible to play. All we're trying to do is what we feel is right. I would certainly love KHSAA and the courts to give us something that's at least theoretically possible to comply with."
The school feared what is known as the "death penalty" - violating existing sanctions - if it allowed Mitchell to run, Ruberg said. The death penalty would bar all Highlands High students from playing sports.
"Right now if we let him run track pursuant to the court order (and) in light of the sanctions that have been imposed, as well as the finding of lack of institutional control and three years' probation, there's no doubt in my mind that KHSAA would impose further sanctions, up to and including the death penalty," he said.
Mitchell's eligibility to play high school sports came into question in 2004 when he and his family moved from Florence to Fort Thomas. Mitchell transferred to Highlands High from Covington Catholic, but KHSAA said it wasn't a bona-fide move because it was athletics-motivated. It ruled that he must sit out a year.
Mitchell later asked Highlands for permission to run track this spring. The school decided against it following KHSAA's sanctions, which also mandate three years' probation, a $1,500 fine and a two-game suspension of football coach and Athletic Director Dale Mueller next season.
The boys' track team is well into its season. The first track meet was March 24, according to the Highlands Athletic Boosters Association Web site.
Mitchell had foot surgery last month and was unsure if he would be able to participate in spring sports. His father, Maurice Mitchell, said he is healthy and working with a personal trainer three times a week.
Maurice Mitchell said Highlands should follow the court rulings, not the KHSAA.
"I believe in the rule of law, I believe in the law of this country. And I believe the court has the final say-so in a dispute, not an organization," he said.
Maurice Mitchell said his son was stunned by the controversy surrounding his eligibility.
"He's really a nice kid, very respectful. He has never been any trouble whatsoever. And what has happened has all been a total shock to him. He didn't do anything wrong."
Thursday, May 05, 2005
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