DECISION OF APPEALS PANEL IN RE: TIMPVIEW HIGH SCHOOL

On October 19, 2012, an Panel of five members of the Board of Trustees (BOT Panel) of the Utah High School Activities Association (UHSAA or Association) was convened to hear an appeal of decision of the Panel of the Executive Committee (EC Panel) of the Association. The EC Panel had taken evidence and heard arguments from Timpview and Region 8 regarding an admission from Timpview that an ineligible player had participated on the Timpview High School football team during the 2012 regular season. The EC Panel found, as fact, that Timpview had played an ineligible player and imposed the penalty that Timpview must forfeit any contest in which it used an ineligible player. The EC Panel further levied a fine of $1500.00 to the school and approved the other educational sanctions imposed by Region 8. Timpview has requested an appeal of the decision of the EC Panel.1 At the argument, Timpview self-reported that its ineligible player had participated in one more game than had originally been discovered. Timpview argued that the decision, in which it had participated, that of Region 8, should be reinstated. Timpview did not seek nor present any argument or refer to any evidence suggesting that the Panel should use discretion to avoid a substantial or harsh result
1 After the outlines of our decision had been announced but before this written decision was issued, Timpview suggested that this Panel had exceeded its jurisdiction by hearing Timpviews appeal. Timpview took the position in an open meeting at the UHSAA that the Region 8 decision was based on a hearing and that the EC Panel was, in force and effect, the appeal. Under this argument, the BOT Panel would have had not authority to hear the matter because the EC Panel would have been deemed to be the appeal. We reject that argument on several grounds. First, by seeking and participating in an appeal without objection, Timpview has waived whatever impropriety it now sees in the process. Additionally, at the beginning of our BOT Panels review of the Timpview matter, the processes and procedures were explained, Timpview was advised that the Association had considered the EC Panel to be a hearing panel and Timpview was, again, given an opportunity to object. It did not. The Associations counsel said the following: There being no objection we will deem your participation to be a waiver of any objection to the procedures and will go forward. Timpview did not object at the time and, thus, waived any later objection. Finally, because the Region reviews, whether called hearings or recommendations, come from a group with an inherent conflict of interest, the usual safeguards of impartiality and objectivity cannot be met. For example, in this very matter, Timpview participated in the decision on its violations and voted against imposing any forfeiture on itself. The Association does not consider them hearings within the meaning of the rules related to appeals.

for any Timpview students.

This Panel unanimously issues the following sanctions: 1. Timpview must forfeit any contest in which it used an ineligible player; 2. Timpview shall forfeit the Region Title; 3. Timpview shall play all post season contest on the road; 4. Timpview shall pay the sum of Fifteen Hundred Dollars to the Association; 5. The ineligible player, who has played during the regular season while ineligible, shall continue to be ineligible for the post season; 6. Timpview shall be placed on probation for a period of three years, during which time it shall be subject to eligibility audits scheduled by the Association for each sports season, as well as such other discretionary audits as the Association may deem necessary. The costs of these audits shall be paid by Timpview. The times and frequency of these audits shall be at the sole discretion of the Association. Should any of these audits disclose violation of the Associations rules, the sport in which such violations are disclosed will be deemed ineligible for post season play; 7. If the BOT Panel is made aware of any other proven or admitted violation of rules by the football program, this BOT Panel shall suspend Timpview from whatever might remain of this years post season.

/s/______________________________ Robert Park, for the Panel