Havili files suit against Utah's Hill, Machen

A football player who was denied the opportunity to play for the University of Utah football team three years ago has filed suit against Utah athletic director Chris Hill and former U. president Bernie Machen.

In a lawsuit filed last week in 3rd District Court, Sione Havili maintains that his civil rights were denied by not being allowed to play for the Ute football team in 2002 after he got in trouble with the law for firebombing a house.

Havili, a former East High all-state player, has since played a year at El Camino Junior College and two years at Texas Tech and plans to play for new coach Ron McBride at Weber State this fall.

His lawsuit calls the decision by Hill "arbitrary and capricious" and states there was no rule either in the Mountain West Conference or the NCAA prohibiting Havili from playing intercollegiate athletics.

The suit also contends that the university "has permitted individuals situated similarly to Mr. Havili to participate in intercollegiate athletics in the past, as recently as the preceding calendar year."

That may be referring to Marty Johnson, who played this past season for the Ute football team after serving 30 days in jail on a misdemeanor drunken-driving conviction. Havili's conviction was a first degree felony.

When contacted Monday, Hill said he hadn't seen the lawsuit and referred all questions to his legal counsel. Havili could not be reached for comment.

Havili got into trouble soon after helping lead East High to a second consecutive state football title and signing to play for BYU. A few months into his LDS mission, however, he was called home to face felony charges that he and several friends firebombed a house with plastic milk jugs full of gasoline.

Havili was sent to jail for seven months and wanted to play for the University of Utah after he was free. However, despite working out with other team members for several months and getting the go-ahead from coach McBride, whom he had known since he was a child, Havili was denied by Hill in July 2002. Havili tried to appeal to the administration, which backed up Hill's decision.

Hill held firm to his decision not to allow Havili to join the team despite pleas from Havili, McBride, Ute teammates and members of the community .