Judge sidelines 2 student athletes

PROVO — A judge ruled that two girls whose eligibility for high school sports was in question will sit out while their team competes in the state basketball tournament this weekend.

Judge James Taylor of 4th District Court issued an 11-page ruling Wednesday morning which revoked a previous decision to allow seniors Brittany Harvey and Lynzee Baxter to play in the last two games of American Leadership Academy's basketball season.

The girls had been benched by officials from the Utah High School Activities Association after a series of administrative hearings this fall. The girls were alleged to have transferred to the Spanish Fork charter school for athletic reasons.

The girls' parents sued the UHSAA in October over the eligibility issues and the families' attorney, William Peterson, obtained a temporary restraining order Feb. 6, allowing the girls to play in the last two games. Future hearings regarding the lawsuit are still being arranged, Peterson said.

However, during a hearing Monday, both girls denied being "recruited" and testified they transferred from Mountain View and Spanish Fork High schools for personal and family reasons.

Although the girls cannot play in the tournament, their status for the upcoming March track season is still undecided.

In the ruling, Taylor wrote that although there was some evidence presented that the girls would be harmed by sitting out, there hadn't been enough evidence presented that the girls' right to play should be Constitutionally protected.

"This Court is not aware of any case, situation or precedent that would require the protection of a due process liberty interest in extracurricular activities for high school students," he wrote.

Because the UHSAA was previously labeled a quasi-public agency, it wouldn't have to meet the same Constitutional standards as a public agency, even though it does impact public schools.

Thus, the Court felt it should not interfere with the organization's actions unless there were issues of fraud, lack of jurisdiction, collusion or arbitrariness, which wasn't shown, Taylor wrote.

Taylor also said there was not enough convincing evidence presented that the girls would win future legal proceedings.

However, Peterson said he disagrees with the ruling.