Court allows Monroe QB Nelson to keep playing
Published Thursday, August 28, 2008
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Stumble It!FAIRBANKS — Alex Nelson gets to continue playing high school football this season.
So ruled Fairbanks Superior Court Judge Robert Downes Wednesday afternoon in an evidentiary hearing of a preliminary injunction filed by the family of the Monroe Catholic quarterback against the Alaska School Activities Association.
William Satterberg, attorney for Suzy Coronel, Nelson’s mother and the plaintiff for the case, said Downes made a number of factual and legal findings during the two-day hearing in support of the notion that Nelson would suffer irreparable harm if he is not allowed to play.
“He made some findings that due process had been violated in the handling of the administrative process,” Satterberg said outside of the courtroom. “I think he also implicitly found that there were violations in equal protection in how the rules are being interpreted, or in some cases, he said enacted.
“I think he sent a pretty strong message to ASAA.’’
The Alaska School Activities Association is a nonprofit organization and the governing body for high school student activities and sports in the state.
The hearing ended around 2 p.m., and James Brennan, attorney for ASAA, and Gary Matthews, ASAA executive director, immediately left to catch a 3:25 p.m. flight to Anchorage.
Reached later on his cell phone, Matthews said, “It’s fair to say that we’re very disappointed in the decision. I think it flew in the face of evidence presented yesterday and today.”
Matthews said an appeal is a possibility, but it’s up to the ASAA Board of Directors to decide if it wants to file for one.
“I can’t speculate, it’s not my decision,” he said, “but it’s definitely a possibility.”
The ASAA Board of Directors consists of representatives from the six regions in the state and one member each of the Alaska Association of School Administrators, Alaska Association of School Boards and Alaska Association of Student Governments. North Pole assistant principal Walt Armstrong is the Region VI representative on the Board of Directors.
Nelson’s parents, Suzy and Ted Coronel, had applied with ASAA on May 28 for a transfer waiver for Nelson to transfer from West Valley to Monroe Catholic, citing concerns about his safety. Nelson, who played football at West Valley from his freshman through junior years, was involved in a group that initially considered itself a pseudo gang and was formed as a joke.
Nelson wanted out of West Valley to play football at Monroe, but ASAA has a 90-day sit-out policy for athletics if the transfer is not related to a student-athlete’s family changing residences or a hardship situation.
The policy covers 90 school days, starting the first day of school, and Matthews said it was created to prevent school shopping and rampant recruiting.
On the same day the Coronels applied for the transfer waiver, they enrolled Nelson at Monroe.
Matthews denied the transfer waiver because it didn’t meet ASAA’s criteria for one. The Coronels appealed Matthews’ decision, but the appeal was later denied at a teleconference of the ASAA Board of Directors.
Suzy Coronel, through Satterberg, filled for and received a temporary restraining order on Aug. 15 for Nelson to play football for Monroe. He played in its 55-0 loss to Eielson on Aug. 16 and he helped the Rams to their first win, 46-6, last Thursday at Delta Junction.
The evidentiary hearing was a required follow-up to the restraining order. The evidentiary hearing, which involved testimony from several witnesses and presentation of documents by the attorneys, begin at 9 a.m. Tuesday but was suspended at 2:30 p.m. because of scheduling conflicts on Downes’ docket.
One thing Downes cited in making his decision was defects in the process of the ASAA Board of Directors denying Nelson’s transfer waiver during its teleconference.
During his testimony Wednesday, Matthews said that no recording was made of the teleconference because there was no recorder. According to ASAA bylaws, a teleconference has to be recorded if physically possible.
“We used to have a tape recorder, a cheap cassette recorder,’’ he said. “We found when we recorded meetings, you couldn’t hear what people were saying, so we stopped. We’re nonprofit and we’ve got no money from the state since the 1980s.’’
He said ASAA has a budget of $1.3 million to $1.5 million. He said the organization generates revenue from corporate sponsorships, proceeds from state tournaments and fees from member schools.
“We exist on our own revenues we’ve generated,” Matthews said. “We looked into recording systems. We would have to budget for that.”
Downes said that he found it disingenuous for Mr. Matthews to say the meeting could not be recorded.
“It is not that difficult,” Downes said. “The ability to record the meeting was in the bounds of reasonableness ... Not recording the meeting was significant. It does not afford the petitioner due process and he has a right to know what happened at that board meeting.’’
Downes also cited that ASAA has no rules pertaining to private schools. Matthews said that private schools have no boundaries because they attract students from throughout an area.
“Most people wouldn’t move across town to move their kids to a private school,’’ Matthews said. “In Fairbanks, I would draw a diagram of the West Valley attendance area and Lathrop attendance area, and I understand that Monroe is within the Lathrop attendance area.’’
Downes said that Matthews was creating a rule.
“There is no mention (in the 2008-09 ASAA Handbook) of private schools when someone transfers into a school where there are no boundaries,’’ Downes said. “I don’t find this is simply within his discretion to come up with rules pertaining to private schools. I don’t think that is within his jurisdiction.”
Brennan argued that ASAA’s denial for the transfer waiver for Nelson was because of the circumstances Nelson brought upon himself.
Brennan, before Downes made his decision, expressed concern Wednesday that a decision in Nelson’s favor would set a precedent and open a flood gate of student-athletes wanting to transfer schools because they got involved with a group or a gang and got in some kind of trouble.
Downes said that “ASAA is adequately protected, and I don’t think this will open any flood gates.”
Community Discussion
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people of Alaska high schools sports - 1 ASAA - 0.
good for Monroe and the Coronel family!
A pseudo gang formed as a joke? Are you kidding? There has to be more to this story. So if my kid wants to change schools to play football somewhere else, he just has to say he is in a gang and wants to avoid trouble and needs to transfer? That'll teach him a lesson and scare him straight. We wonder why there are so many problems in our schools. This is a prime example. Try to make a kid follow the rules and behave, or suffer the consequences, and this is what happens. I'd say the sports program is also a loser in this case.
Excellent decision, Judge Downes!
Judge Downes' decision had little to do with a kid not following the rules. ASAA had no rules to stand on as pertaining to student transfers from an ASAA member public school to an ASAA member private school. The only rule Mr. Matthews could use was based on attendance areas, which keeps student athletes from ping-ponging around the city when they don't like the coach or are attempting to keep their grades above the minimum requirement. It's no surprise ASAA doesn't have a rule concerning eligibility when transferring to a private school. ASAA member schools include almost all the public schools and districts in Alaska. Monroe is an exception.
Many thanks to Gary Matthews and the hard work he puts into the many student activities around the state. ASAA sponsors and sanctions almost everything from academic and music festivals to state tourneys for large and small schools. Nelson got lucky with a loophole, which is as good as gone as soon as the high school activities directors around the state hear about it.
Whoa.....Superior Court Judge Robert Downes ....Awesome....
Parent Award......Suzy and Ted Coronel,Alex Nelson’s parents
Alex Nelson maintain a clean act now. You got a new chance make it a winner. Don't be tempted to go back or look back, look forward and stay away from trouble. Stay focused it might be hard sometimes but your parents believe in you, learn to believe in yourself. Your parents & MC will not be the only ones watching you now. Consequences from your peers for your wrong choices at WV are ahead of you. Don't blow your chance.
Brennan expressed concern a decision in Nelson’s favor would set a precedent and open a flood gate of student-athletes wanting to transfer schools because they got involved with a group or a gang and got in some kind of trouble. Stupidity at it's worst. How in the blazes does he think it is NOT his and ASAA & ASAA Board of Directors, whom should LEAD in student-athletes wanting to transfer schools because they got involved with a group or a gang and got in some kind of trouble. Alex Nelson and or his parents stepped up to stop and prevent futher gang involvement and or getting in some kind of trouble at WV.
Darn someone get RID of ASAA Board of Directors, Gary Matthews, ASAA executive director, James Brennan, attorney for ASAA. Not wanting to support, or help student-athletes involved with a group or a gang or got in some kind of trouble. Stupidity at it's worst. Not wanting to support, or help ANY student involved with a group or a gang or got in some kind of trouble. Stupidity at it's worst.
A kid to admit they fell to peer pressure and admit it caused them not to follow the rules and tell "who" "what" "where" "when" was involved, is rare, often times they suffer the consequences in ways only one's peers can & will do. Consequences from his peers is stiffer for Alex Nelson than anything ASAA could do by denying him. ASAA should support gang prevention. Sport programs win when the aim is a stopping and controlling gangs around thier teams by standing behind a youth, who speaks out about it. Hiding it from ASAA by making false statements for the transfer would of allowed it to get worst at WV. And no problems or legal expenses for his parents if they had lied on paper work. His parents was honest and addressed it openly. It's a 2 sided edge, I admit but which is the less of 2 evils honestly.
I know some wont agree with me so I guess we'll agree to disagree.
I seem to remember coming up in years past, a close friend of mine, and I played a mean-spirited prank on another friend (I'll call him John), that could have ended with John seriously hurting himself.
Scraped and bruised up, John didn't get seriously hurt.
Very angry, John instead, ran down, caught and started beating my close friend up.
I ran home.
About 30 minutes later, John came looking for me, (large neighborhood crowd looking to witness a fight in tow) came TO my house, and explained to my mother what had happened.
My mother went into the house and said "get your ass out there, fight and take your punishment." (No joke!).
Needless to say, John beat me up pretty bad, in my own front yard, as a bunch of people witnessed.
Both my close friend (now sporting a black eye) and I THEN had to apologize to John, who had just handed down his form of "street justice" upon us.
Crazy, very true and the bruising I took?
Very well deserved.
No police, no lawsuits....no Mom running to my aid saying "don't you touch my boy!(even though I would have welcomed that at the time) nothing but a serious and brutal lesson learned, as Mom watched from the living room window.
Just one instance where I learned and suffered consequences for my actions.
Sounds like young Alex got "in deep," (a GANG at West Valley High School? I'm cracking up right now.) he got scared, and he ran to Mommy and Daddy to bail him out.
Gotta believe his family paid big to do so as well, because the lawyer who represented the family...doesn't come cheap.
Luckily, he didn't take a butt whipping, but hopefully young Alex has learned HIS lesson through all of this.
Mommy and Daddy may not be there next time he decides to "jokingly help form and join a pseudo gang." (still laughing at the mere thought)
I'm with AKbychoice.
There is definitely more to this story.
But since I'm no longer interested, yo Alex!
Enjoy tossing that football.
And try not to start any "psuedo gangs" (snicker!) at Monroe would ya please?
With Mommy and Daddy taking ASAA to court in order to save your ass....and winning, it's a good bet you've probably exhausted your "nine lives" on the "Almighty School Transfer" tip.
When did the kid have time for gang play? Was it at school or after school, in his neighborhood or just on weekends? How would changing schools keep one out of gangs when you just change a 8 to 3 activity like schools. Now the private school has a gang.... of lawyers...lol
Make poor choices? Want to avoid the consequences? Concoct a frivolous lawsuit...it's the American way now like it or not. The parents should be embarrassed for themselves and their son but I am sure they are not. That being said it was an example of very poor rule making on the part of ASAA to not have thought about and or codified private school transfers. Good ruling by the judge, poor work by ASAA. As for the QB in question...what kind of irreparable harm can come from a kid having to sit out a season? I promise you that now if and when he is recruited for the next level he has one very big strike against him as no coach wants to deal with that kind of parent especially over a kid who played against Fairbanks competition. These people are deserving of all the scorn and ridicule we heap on them here in this and every other public forum in town.
For Pete's Sake, what has high school football in Alaska become. What, do they think that this is Texas. The big question is :What has West Valley and the school district done about the "gang?" Seems a lot of people were pretty upset about the kid who brought the gun to West Valley. Hope you are on the phone today, demanding an answer about the gang.
With an income of $1.5 Million one would think a tape recorder would not present much of a problem. I have one I would give them if they would just ask, and yes it works fine and costs less than $50.00. What a lame excause. Wonder what their wages are????
This is not about gangs. It’s about wanting to play football. An earlier article indicated that if the family had known he couldn’t play football he wouldn’t have transferred. And the intent of the rules are clear, if not technically in place. Poor call by the Judge. Five yards and loss of "Downes".
Monroe doesn’t have wrestling does it? I certainly hope that the family doesn’t feel “persecuted by the Catholics” before wrestling season starts.
My problem with this is that the family appears to be putting athletics before education.
If this student was in a "gang" and the parents felt it necessary to transfer him, why would athletic eligibility have anything to do with it? Be thankfull he is hopefully straightening himself out, and proceeding on with school.
"It is not that difficult,” Downes said. “The ability to record the meeting was in the bounds of reasonableness ... Not recording the meeting was significant. It does not afford the petitioner due process and he has a right to know what happened at that board meeting."
The student's right to due process is the dispute. And since ASAA failed to record the meeting in which this student's petition was being at issue, he was denied his 'due process'.
It may not be in the by-laws of ASAA regarding private schools, but these schools, I believe, pay the fee to participate within the sanctions of ASAA sports within the State and this gives them a rating in place within their regions. Thus, in paying that fee the private schools should adhere to the by-laws of ASAA and regulations.
ASAA will no doubt re-evaluate their by-laws regarding jurisdictions, private schools, homeschooled participants and such. Or they should.
The judge's decision was right, based on 'due process'. However, the student and his parents 'reason' for waiver was also for the wrong reason and they know it.
Maybe Lathrop, will get Brett Favre,now!
Downes is right. ASAA is wrong. Play by the rules or change the rules through due process. "Off sides" on this one ASAA. You ought to know how that works.
JustSaying: You are exactly right. This was not originally about gangs or fear, it was about playing football.
However, It is very clear that ASAA is a vindictive, arbitrary autocracy run by Gary Matthews. On the stand he admitted that he made the rules. He said during the hearing that he takes appeals of his decisions to his board and they vote. In his 15 + year tenure at ASAA the board has NEVER overridden his decision.
I personally feel if ASAA had been able to show diligent due process and some form of coherent written and member/board approved policy that they could have prevailed. As it was Mr. Matthews had to go on the stand and say, "This kid violated my rules." That doesn't wash.
I'm not sure how I feel about this. I am all for kids being allowed to play, but they must do so within the rules provided by the governing body, which is the ASAA. The fact that the kid got into trouble at West Valley, to me, is no reason to allow him to play for Monroe. I think this is sending a bad signal to kids that they do not have to face accountability for their actions by using a loophole in the system. This young man made his choice and should have to live by the consequences of it.
Nobody understands how gang activity got to where it is now in Fairbanks, now we know. So is it safe to assume as soon as the word "Gang" was brought up they launched a full investigation? Has he given up names of known gang members? In other articles we say "Something has to be done" "Fairbanks won't tollerate this". Well it looks like we are tolerating it now. So calling it a "psudo" gang and "a joke" makes it ok. Maybe the guys shooting are just pretending to. Maybe his friends need to go to a "psudo" jail and do some time "as a joke".
Isn't Hutch next to West Valley? Why not go there or even Lathrop? Or are mommy and daddy just trying to help scholarship chances? Here's an idea, if you can't play football, try picking up a book. More time to study.
This kid had to change schools because of a situation created by him and now gets to have the rules bent to accomidate him? Way to go Mom and Dad!! Looks like we are teaching him things you just can't learn from a book.
Stop worrying about football and WAKE UP!! THERE ARE GANGS IN FAIRBANKS AND SHOULD BE DELT WITH ACCORDINGLY.
So we suddenly have a gang problem in Fairbanks involving young people, and everybody says "parents need to be more involved with their kids lives giving them direction and discipline." So THESE parents say "no, we don't want to make our child accountable for his bad decisions, so lets sue somebody to get him out of it." Right on cue, our court system and this "judge" immediately lets him off. How will any of our law enforcement agencies stop any of this trouble if the individuals involved can just sidestep it with the help of our legal system? I sure hope there will be continued outrage expressed over this to let our "judges" know that we don't want this here.
Only appropriate that Bugger would have a recorder. :)
Another example of what is wrong with today's youth and their pathetic parents. This punk should be held accountable for his problems that he created. His bad example for parents should have made him understand what he did wrong instead of throwing money at a problem to make it go away. The gang situation should be investigated and this little punk should be studying instead of playing football. His parents should also be held accountable for all the trouble this misguided "pseudo" criminal is going to create in the future.....
What about the kids at Monroe? This punk's life was in danger at West Valley, now he's going to Monroe. It's obvious these kids like to shoot into crowds with no reguards for human life. So Monroe has chosen a Quarterback over the safety of every student in school. What's it going to take? Parents at Monroe need to take action now.
ASAA is out of control and operate with little regard for the kids. Ask any coach or administrator how they are to deal with. I would think that First National Bank would look into their sponsorship of the organization and how the events are run.
This decision was most likely based on law and evidence which is what a judge is supposed to do. I did not see anywhere in this article what it was he or his 'gang' did. Did I miss that? Was he charged with a crime? It didn't appear to me that any criminal activity was part of this hearing and was not something Judge Downes was supposed to rule on. If he did commit any crimes those should be dealt with in a court of law at the right time.
The parents SHOULD be embarassed, but I seriously doubt they are. This type of mentality, to sue your way into or out of a situation rarely is accompanied by a sense of decency or humility. Or common sense for that matter. This brings spoiled brat to a whole new level!
Favre should be a good addition to Lathrops JV team.
It's not about gangs at WV, it's about Monroe needing a QB. The school has about 60 boys to field a team with.
This kid was going to be a backup at WV, he lost the starting job, he wasn't going to see any playing time.
When a backup player wants to transfer to a school in a different conference (3A vs 4A) whats the harm.
I say let the kid play, you're only young once.
I heard a rumor some of these wanksters were selling fake dope.How stupid!
Niceguy-
The reason for the rules is simple. Education is priority one, not athletics. What kind of message is sent when a player is allowed to transfer schools because of a lack of playing time. I must state that I do not know the circumstances in this case, and am only speaking hypothetically.
This is sad. Little Alex makes bad decisions and is rewarded by Mommy and Daddy paying big bucks (instead of acting like true parents) so he can be a starting QB at Monroe. Lets not fix the kid, lets not attack the "gang" situation he was in - no, lets use that as an excuse to give him what he wants.
Sorry, but if I actually was concerned about my sons safety, or found out he was doing gang crap, do you really think I would care if he had to wait 90 days to play a sport? NO. I can promise you that sports would be the last thing on my sons mind at that point. Cleaning up his act and doing well at any school he was in or that I put him in would be #1. Wake up parents! Did ASAA do everything they were supposed to (example record a message)? Will they next time? You bet! The problem is the next kid that comes along with a real reason with parents who are doing the right thing will have an even tougher time due to poor Alex and his parents. I'm sure that isn't their concern at this point. Why should it be? They paid lots of money for their son to get what he wants - all is right in the world again. Bottom line is there are rules. Read them, and make a decision based on the established rules. In this case, the 90 day rule was set for a reason. "Let the kids play" is an easy way out. He could have played at W.V. He just wasn't good enough to play as much as he wanted. This was not about a gang, it was about parents willing to pay more than being willing to fix the problem. Spend the $$$. It's easier than doing the right thing.
Good point there racefan. The athletic committee will not even have a mercy rule next time. There will be no waivers or free pass, just the 90 day penalty. Every kid from here on out loses. I agree HS should be getting the education and not the starting position.
I am not familiar with this case or the events surrounding it, but
I have always heard one of the main reasons for having your child
involved in extracurricular activities was to keep them from having too much free time on their hands and to keep them out of trouble.
Maybe that was what the parents were thinking about. Hope it works.
You are correct zo6lady BUT this fine young lad was already on the football team at W.V. That wasn't enough to stop him. Going to court to move him to another team will fix it? The move was made so he could be the starting QB at another school which is why there are (were) rules to prevent this. There are many-many other extracurricular activities. This young lad took up gang stuff so maybe it's time to start taking things away, focus on school work or here's a thought, get a part time job if it will help. Football at W.V didn't stop this young lad, the parents didn't correct it other than to sue, now it's time to try something else. Parents taking corrective actions internal to the family and seeking guidance when needed should be a priority. Too much finger pointing at schools, police, gangs. If my son started this, I wouldn't be spending a ton to break rules to benefit only him by going to court. My time, money and effort would be directed at solving the problem. It would be focused directly on him. This will hurt others in the future that had a true need for a waiver. Adults shouldn't point at the system, look at the problem (the kids involved) and fix it. Even if this kid is the next all star QB, he is in school to learn. That should be the focus, not football. If you think this is going to stop here I believe you are mistaken. It is too easy to pay to change the rules than it is to fix the problem and to me, that isn't right! I'm a firm believer in a quote from Colin Powell "if you work them hard enough they will be too tired to get into trouble". I've got lots of chores that need to get done if they can't find anything. This (in my opinion) was wrong and it frustrates me when people can't take responsibility for their actions or hold their own children accountable.
Correction that I should have caught "Too much finger pointing at schools, police, gangs" should have been "Too much finger pointing at schools, police, etc regarding gangs". Sorry, I think faster than I type.
People are making the assumption that his parents are paying the legal fees. That would not be accurate. Perhaps Monroe parents should be asking who is paying the bills.
If that's the case it makes it even worse. The kid gets away with it, the parents allow it and don't have to pay for it. Way to go! That kid (and parents) learned their lesson. Bet they won't do that again.
Well Alex, I hope you make better decisions from now on than trying to be a gangsta. If you wanna be known as a gangsta transfer to LA or Washington NYC and many more where the real deal is at. You'd won't even last a day wanksta...Pseudo or MENUDO you don't have to be a gangsta to be somebody.
The Civil Liberties Union probably would have taken the case based on students 'due process' being denied had the parents looked at that. If they had and CLU decided not to take it based on 'other factors' would be a reason a private attorney was retained. Been there and done that with CLU when it came to students rights.
Don't know all the facts to the case. However, appears to be a case of student and parent and Monroe coaches wanting to override the 90 day ruling of transfer students playing in a sport that is sanctioned by ASAA. Know many parents and coaches who have gone head to head with ASAA about that ruling.
That ruling is in place for a reason. Sports are in ADDITION to academics and academics should come first. Sport scholorships are certainly a big incentive to having that playing time especially during junior and senior years.
Perhaps if those of you who are so critical would take the time to read the actual court transcript (instead of hacking away at kids, schools, parents, etc.), you'd get the 'whole story' and make intelligent comments.
This was not about playing football. This was about parents wanting to remove their kid from a dangerous situation that the school REFUSED to do anything about, after repeated reports of violence, AST visits, drug busts and weapons charges at West Valley High School, all of which were swept under the rug. This kid wasn't part of any of that activity - but again, if you'd take the time to learn the entire story, you might be surprised at the details.
Furthermore, as ASAA's Executive Director, Gary Matthews openly (and under OATH) admitted in a court of law, there was NO rule to address this situation (or any other situation with private schools, for that matter), so he made one up as he went along. THAT kind of behavior by ADULTS is what needs to be stopped. ASAA spends a lot of time and energy holding schools and children hostage.
Lastly, someone really ought to look at ASAA's history of granting/denying waivers. Every year, depending on who one knows or how willing they are to lie on the waiver application, kids transfer from school to school (all over the state) without having to adhere to 'the rules' that y'all are so adamant about. It's all a matter of drama and politics, my friends, and has absolutely NOTHING to do with fairness and rule-following.
And, interestingly enough, ASAA did all of their 'investigations' in secret - aren't they supposed to be working for and on behalf of schools and students? Aren't they a 'non-profit' organization that is supposed to be held accountable for their own actions? And yet they've bullied kids and schools for years.
This young man had an opportunity to be a starter on the WV football team, just as he has been for the last three years. To move to a smaller school did nothing but hurt him with regards to scholarship opportunities, and certainly wasn't an easy choice (to not walk the stage at graduation with his friends, to leave behind friends he's been in school with for years).
Why would grown adults chastise a young man who chooses to seek a better life and remove himself from a bad situation?
West Valley really needs to get a grip - and start REALLY investigating all of the garbage that's happening right under their own noses - gangs, drugs, sexual activity, pornography, etc., etc.
Really y'all? Are you really adults, writing 'trash' about a CHILD???? This kid has no criminal record, has never been in trouble and has never participated in 'gang' activity. What y'all fail to realize is that the 40+ (yes, FORTY or more) members of this 'GANG' are on the WVHS football team. And a select three members of this gang have spent a lot of energy mocking other gangs known to participate in violent crimes. And the WVHS administration does NOTHING about it.
Kudos to a set of parents and a kid who make a decision to take a stand and to remove the kid from a volatile situation. REALLY? We're gonna condemn that kind of behavior?
Geez. What's this world coming to.
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