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Friday, September 16, 2016

Athletic Motivation In Sports Transfers- Avoiding The Allegation

By Michelle Ball, California Education Attorney for Students since 1995

High school sports laws in California are the bane of many parents, and students, existence. They are restrictive and can be confusing for one and all. One of the most common issues for students involves the transfer process, particularly when an overzealous parent calls up the new school prior to the transfer or an old coach is associated with the new school. This may be found to be "athletic motivation" and can result in the student not being able to participate in sports for one calendar year.

No student who transfers schools (whether they move or not) may participate in sports at their new school until they are granted permission by the California Interscholastic Federation (CIF), the ruling body over California high school sports. CIF writes bylaws which are updated annually (usually during the summer) which cover most sports issues, including the ability of students to participate. If certain situations are found, such as athletic motivation, students will be restricted.

What is "athletic motivation" per CIF? Under CIF Bylaw 207C, what encompasses athletic motivation may include the following:

1) Relocation to a school within one year of a former high school coach moving to that school.

2) Relocation to a school when the student participated in a non-school athletic team (e.g. a club team) during the last 24 months, which is associated with the new school.

3) Relocation to a school where the coach of a student's community team works or is associated.

4) Relocation to a school where a majority of students from the transferring student's club or other community team attend.

5) Relocation to a school with which the student or their relatives have had pre-transfer contact, including but not limited to attendance at orientation or informational programs.

6) Relocation to a school about which the student or a relative has obtained pre-enrollment information from a third party, even via a friend who attends the school, a school club, or an intermediary.

7) Attendance at events of the transferring student (prior to transfer) by anyone representing the new school, e.g. a coach of the new school attends the student's football practice at the old school prior to transfer.

Note: This may not be an exhaustive list.

Number 5 can even encompass a situation where a student has a friend attending the new school and talks to that friend about their school, then moves there. The transferring student may be found to have athletic motivation due to the pre-enrollment contact.

Here is what the CIF Bylaw 207C.(1) defines as pre-enrollment contact:

"Pre-enrollment contact may include, but is not limited to: any communication of any kind, directly or indirectly, with the student, parent(s)/guardian(s)/caregiver, relatives, or friends of the student about the athletic programs at a school; orientation/information programs, shadowing programs; attendance at outside athletic or similar events by anyone associated with the school to observe the student; participation by the student in programs supervised by the school or its associates before enrollment in school..." [2016-17 CIF Constitution and Bylaws]

If a student is found to be athletically motivated by CIF, they can try to overturn that decision by attacking the basis for CIF's decision on appeal or by proving that:

"The [pre-enrollment] communication was completely unrelated to any aspect [of the new school] AND

Was of a type that, from the objective point of view of a reasonable person disinterested in the win/loss records of [the new school] does not have an effect upon the integrity of interscholastic athletics at [the old or new school]." [CIF Bylaw 207C(9)].

All pre-enrollment contact must be disclosed to CIF.

If you sit scratching your head on how overbroad this is, you are not alone. From reading the bylaws, it seems that almost any contact with a new school prior to enrollment, could support athletic motivation. And, if a student's second cousin, unbeknownst to the student, calls the school about football, this could be athletic motivation, and if a man who is married to a Board member talks to the student this could also be athletic motivation-- and on and on... This is because the bylaw is written to encompass way to many situations and is untenable for most families to manage in the real world.

All I can say is: "Welcome to high school sports!" [big smile, goofy baseball cap on, and floppy foam finger waving cheerfully!]

So, to try to avoid the athletically motivated allegation (hopefully), a family must ensure they avoid these situations. Otherwise, their child may be sitting on the bench at their new school for a full year unable to participate in sports.*

Best,

Michelle Ball

Education Law Attorney

LAW OFFICE OF MICHELLE BALL

717 K Street, Suite 228

Sacramento, CA 95814

Phone: 916-444-9064

Email:help@edlaw4students.com

Fax: 916-444-1209

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

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*Please note this entry is based on the CIF rules from 2016-2017.

Thursday, July 9, 2015

High School Sports And Gender Identity- Which Team Can I Play On?

By Michelle Ball, California Education Attorney for Students since 1995

Is your son or daughter transgender, identifying as the opposite sex? Do they play sports? Which team do they play on: the teams of their physical gender (for example, female for female teams or male for male teams) or consistent with their gender identity? Per the California Interscholastic Federation (CIF), the governing body for California high school sports, they might be able to pick either team.

Per the 2015-2016 CIF Bylaws, "Guidelines for Gender Identity Participation," hereinafter "Guidelines" [scroll down to the "Policies" section in the link]:

"All students should have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student's records. The student and/or the student's school may seek review of the student's eligibility for participation in interscholastic athletics in the gender that does not match the gender assigned to him or her at birth."

The process for playing sports as one's gender identity, is roughly as follows (see "Guidelines" linked above for exact specifics):

Initial Filing:

1) The student and/or their parents contact the school administration or the athletic director regarding the fact the student has "a consistent gender identity different than the gender listed on the student's school registration records" and that they want to use that gender to participate in sports.

2) A school administrator is to then contact the CIF where a "facilitator" for the "CIF Gender Identity eligibility appeal process" will be assigned.

3) The student must then attend an appeal hearing in front of a 3 person panel, the Gender Identity Eligibility Committee (GIEC), to be scheduled no later than 5 school business days before the first sports event in the relevant sport (exceptions apply).
4) One person on the panel must be a physician or psychiatrist with experience in gender identity health care and familiar with the "World Professional Association for Transgender Health" (WPATH) care standards.

Appeal of GIEC decision:

1) If the student is dissatisfied with the GIEC results, they may appeal to the Executive Director of the CIF.
2) Such appeal must be filed no later than ten school business days after the student receives the written decision of the GIEC.

3) The appeal is to be scheduled with at least five school business days notice.

Described in the policy is the fact that certain documentation should be provided to the GIEC for the panel to make a determination, including school transcript, registration information and documents showing "student's consistent gender identification." These are basically described as sworn statements from the student, parents, and/or health care providers.

As with any hearing, it is always important to PROVE the important points so success is achieved. It is much better to win on the lower level than to have to go through an appeal, so being incomplete or light on documentation is inadvisable.

The CIF policy also mentions facilitating the provision of training and resources for schools regarding gender identity, which may be helpful to ensure a smooth transition.

Best,
Michelle Ball

Education Law Attorney

LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Email:help@edlaw4students.com
Fax: 916-444-1209

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Thursday, February 12, 2015

Filing A CIF Appeal On Sports Denials, How Does The Hearing Process Work?

By Michelle Ball, California Education Attorney for Students since 1995

Has your son or daughter been banned from playing sports by the local CIF office due to an alleged "sports motivated" transfer? Is your initial sit-out period being denied on your first change of schools? Or is your child banned for some other reason which you dispute? If so, it may be time to move forward with a formal appeal to the State CIF Appeals Office. How does this process work?

How things go with an individual school/site/student can vary, but usually the process starts before most parents realize the seriousness of the situation. Let's take transfer eligibility as our example. Other issues may also be sent to the local CIF office and a similar process would occur.

If a parent is lucky, they may be notified that their child's transfer eligibility is being sent up to the local CIF Commissioner. If they are really lucky, they may be notified that the eligibility has been challenged by another school or person in advance. Not many parents are that lucky. As such, all parents should provide ample documentation to accompany the transfer eligibility on its initial journey to the local CIF section. Yes, in many cases this may be overkill, but in some cases it can prevent an annoying and time-consuming appeal.

So, the first step in the appeal process is to try to avoid any future appeal by providing good supportive documentation with the transfer eligibility form when it first goes to the local CIF Commissioner. Otherwise, a parent may discover too late that someone gave the local Commissioner a slew of documents making allegations regarding the student playing which went unopposed, and of course, the CIF Commissioner ruled that the child cannot play.

If the student's eligibility to play is denied by the CIF Commissioner, the parent should receive a letter in the mail from CIF stating their child cannot play, perhaps due to "pre-transfer sports contacts," "sports-motivated transfer," "discipline causing the transfer," or some other reason just as baffling. If this letter comes, the parent's only option will be to proceed to an appeal via the CIF state appeals office.
Within 15 business days (dates/timelines may always change- always re-check CIF bylaws) of the date the letter is mailed out from CIF, the family must submit a "Request for Appeal of Section's Decision" [see the CIF Guide here for more information]. In the "Request for Appeal," parents must list the reasons for their appeal and the basis for overturning the Commissioner's decision.

A filing fee (currently $150) must also be provided. Students who qualify for the free or reduced lunch program at school may have their fee reduced. Hearing documents must be mailed to the CIF Appeals Office noted on the form.

After the CIF appeal request is submitted, a hearing date will be set. "New" documents supportive of the appeal must be provided no later than 8 business days (as of 2/15) prior to any hearing date set. If documents which are not "new" are provided, this may cause a delay of the hearing. This is another reason why it is very important to submit documentation when the initial request goes to the section Commissioner.

CIF documentation notes that parents have an option to opt for a single panel member to review their matter and/or a three person panel. I prefer the three person panel. Panel members are culled from a CIF list of people who are generally current or retired school, league or CIF employees who are not connected to the parties involved. Parents may bring an attorney if they so desire, but notification to CIF is required at least 5 business days before the hearing.

When the hearing date arrives, both parties (parents/student versus CIF Commissioner) have a limited time to present their cases, witnesses and evidence, which is explained by the hearing officer. Both sides are responsible for bringing their own witnesses to the hearing. After the hearing, the panel will deliberate and a decision must be mailed within 15 business days.

I have been surprised many times by the wild allegations which can be thrown around in sports matters. These seem to come, at times, from fiction novels. Depending on the seriousness of your situation and the importance of your child playing sports, you may want to involve an attorney in your CIF appeal so the attorney can develop documents for the hearing and present the evidence in a persuasive manner.

One word of caution: with CIF, things can change year to year. Always check on current deadlines, submission requirements, evidence timelines, etc. when pursuing CIF matters, as I have found bylaws, etc. can change with CIF when you least expect it.

Best,

Michelle Ball

Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209

Email: help@edlaw4students.com

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Wednesday, September 26, 2012

Improved, But Still Confusing CIF High School Sports Transfer Rules

By Michelle Ball, California Education Attorney for Students since 1995

Recently, the California Interscholastic Federation, aka CIF, the governing body for high school sports in California, softened their interdistrict transfer rules for the better. It is still confusing, but students should benefit from this move.

Previously, there was a single transfer allowed without a "valid change of residence" (a "valid change of residence" is moving house to house) prior to the tenth grade year. Under the amended CIF Rule 207, a student may transfer without moving, and may be able to compete at a new school after a "sit out period." This can be during any year of high school, so long as this is their first transfer without a "valid change of residence."

How this works is, say student A played junior varsity or varsity football at School X. They thereafter transfer to School Y prior to the first football game that year without a "valid change of residence." So long as this is the student's first such transfer, this football star can practice with the new team and may be able to play after an October first sit out period.

If the same student moves to School Y after the first football game is played, the local CIF office will determine the student's sit out period individually.

Other restrictions also apply (not all listed here). For example, a student may not compete in the same sport at two different schools during the same school year, and the transfer cannot be for discipline reasons. So if Student A played football at School X that schoolyear, the student could not compete for the new
School Y football team that schoolyear. Or, if a student moved due to an expulsion agreement, they also may be prohibited from competing at School Y.

For now, it should be easier for some students to switch schools and keep participating in their favorite sports. For more information, see the CIF website here. Go team!

Best,

Michelle Ball

Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com