Mater Dei lawyers challenge new CIF rule

An amended complaint filed this week in Orange County Superior Court by lawyers for Santa Ana Mater Dei and the Diocese of Orange challenges the enforcement of a controversial CIF rule adopted in 2009 regarding "athleticially motivated" transfers, alleging that the Southern Section has been using the rule to discriminate against Mater Dei athletes.

A scheduled hearing on Monday involving Mater Dei's lawsuit against the Southern Section has been postponed.

The rule has been used by Southern Section Commissioner Jim Staunton to declare athletes ineligible for one year if there's evidence they transferred for sports reasons. By challenging the rule and calling it "unreasonably broad and undefined authority to determine the athletic eligibility of transferring students," Mater Dei could pick up support from other parents and schools unhappy with the rule.

In blunt terms, the lawyers charge that the Southern Section "consistently, intentionally and systematically has engaged in arbitrary actions against Mater Dei by issuing and enforcing unsupported and erroneous findings and rulings relating to eligibility of students athletes at Mater Dei."

-- Eric Sondheimer

 

Comments

[Woody]

Steve. Mater Die is using the argument that they have been singled out or selected for enforcement of the rule while others have been given a pass. The more displeasure other schools show or have shown for the rule, will mitigate Mater Dei's case. If they are trying to lay groundwork for the future, you better believe the Judge will warn them that they will pay for both sides legal fees if the actions are deemed frivolous.

[Steve]

other schools being unhappy about the rule may work against Mater dei.
considering they say the CIF uses the rule to discriminate against
them (Mater dei) the more schools being effected by this rule would mitigate the discrimintion case would'nt it?

[Woody]

Yeah and.................? Invidious discrimination will not do it Mater Dei. It's been tried before and it doesn't wash with the current Jurist prudence deciding these frivolous cases. Time to call it quits. But you get an A+ for effort and presentation. Very well done indeed.