*1 OK 21 Morgan hus- as Darla Joe MORGAN Next wife, Parents
band minor, Morgan, Jo Friends Appellees,
Plaintiffs/
v. SCHOOL SECONDARY
OKLAHOMA ASSOCIATION,
ACTIVITIES
Defendants/Appellants. 106,747.
No. of Oklahoma.
Supreme Court 31, 2009.
March Houseworth, Grossman, Nkem A.
Mark S. OK, City, Dunlevy, Su- & Oklahoma Crowe Huntsman, Dunlevy, Crowe & Elizabeth san Tulsa, OK, defendant/appellant. OK, Sullivan, Ir., Sallisaw, plain- Frank tiffs/appellees.
EDMONDSON,C.J.
[ Activ- School 1 The Oklahoma (Association) appeals from ities Association restraining the trial court an order of the rule" "transfer of Association's enforcement student-athlete, high under which ineligible to Shelby Morgan, was declared Jo varsity team at Salli- play on the basketball had trans- to which she saw Joe ferred. (Morgans) sought and were Morgan Darla court injunctive from the trial granted relief Directors of the Associa- after the Board of for a their tion denied dispositive issue exception to the rule. court errone- the trial us is whether before injunction. temporary We ously granted reverse and vacate find that it did and we order. *2 light 12 In upcoming of the state basket- by residence, which generally determined tournament,
ball granted by this Court the As- the bona fide residence of the student's sociation's expedite motions retain and legal guardian. or Rule at issue here, appeal participation as the ineligible of an that a student who has estab- student result games, eligibility forfeiture of lished athletic at a secondary risking therefore harm to and other schools then as school transfers to another school is School, ineligible well High as to Sallisaw for one full injunc- year school at the new tion were be reversed. school. recognition 15 In of the fact some 3 The voluntary Association is a unineor- students will compelled to transfer
porated comprised association of 483 second- by other schools hardships reason of beyond ary Oklahoma; schools within public all the control of the schools, parent, student or including School, Sallisaw rules of the Association authorize the Board of many schools, members as are nonpublic grant Directors to exceptions to the applica- private both religious. The Association tion of Rule 8 and to reinstate a student's was established for the primary purpose of eligibility upon a finding that cireumstances providing coordination, effective leadership, application exist where of the rule would supervision regulation for secondary "work an undue student, on the or activities, including athletics, for its of the rule would other- member schools. The Association has a con- wise fail to accomplish purposes stitution, regulations extensive rules and 8(a). which it is intended." Rule See. The to which all agreed member schools have provide rules for the Board's establishment be bound. In order to become a member of of written procedures criteria and for the Association, a school must file a resolu- evaluation and applications determination of adopted by tion the board of education for its submitted approval of this ex- district which authorizes membership ception. particular written criteria es- and directs the administrative head of that tablished granting Board for a hard- comply rules, school to with the regulations ship exception or waiver to a student-athlete requirements of the Association. Article are set out in the Association's Hardship VI, 4(g) Section of the Association's Constitu- Manual, VI(D)(2), Waiver See. pp. 69-70, tion provides that the Board of Directors follows: "shall have the authority interpret provisions (1) A of the Constitution and the legitimate Rules need to seriously care for ill Association, or infirm relatives. as well as the Policies and adopted by Board, (2) Procedures investi- An unstable home environment gate alleged violations and shall be the final which physical emotional health and/or judge as to whether a violation has oc- of the student is at serious risk. curred." (3) A negative substantial change in the financial condition of the or eusto- athletics, 4 For regulates Association parent dial court-appointed guardian competition interscholastic between schools legal custody of the student. and, among things, other it sets eligibility (4) Remaining in a school district rules, where establishes athletic divisions and holds the student is established. play-offs state and championships. The rules (5) of the Association Placement in a governing different eligibili- athletic residence ty are intended order of court disruption supervising government to avoid of aca- agency. progress, demic discourage an overemphasis (6) athletics to the detriment of other edu- professional A staff member's recom- concerns, cational preserve partic- athletic mendation that the student who is under- ipation opportunities, prevent recruitment going chemical abuse rehabilitation trans- students, protect students exploita- from fer to another program school because a Manual, IV, tion. Hardship p. 68. In addi- necessary to the student's health or reha- tion age requirements, academic ath- bilitation is not available at the student's letic is established and maintained current sehool. ultimately in- community, from that of officers a course (7) to continue desire A sincere Morgan were and Mrs. and Mr. tervened activity in which study, program, dispute arose school. The to leave the actively asked already involved student coach the basketball comments about in the any school available is not *3 parent. another Morgan made to that Mr. in which the area district during alterca- present a bona Shelby ... have established was guardian problem cause the which and she did not tion longer avail- residence, is no or which
fide
evening.
that
the adults
arose between
previous school.
the student's
at
able
annexation, redistricting, or school
(8) An
{10
event, Mr. Tanner
of that
As a result
that student.
closing affecting
to the school for
Morgans to come
the
asked
the situa-
they
all discuss
meeting so
could
criterion,
a
the
each stated
Following
T6
that
of conduct
and establish standards
tion
description of
a detailed
forth
sets
Manual
attendance
at
required for their
would be
information
type
documentation
the
refused to
Morgans
the
games,
future
but
verifying the student's situa-
describing and
Tanner
then sent
meeting. Mr.
attend the
by the student
submitted
must be
tion which
stay
off school
ordering
a
them
them letter
thereon.
request based
the
support
activities,
away from school
property and
pos-
additionally provides for the
The Manual
They were advised
events.
including athletic
by
granted
to be
hardship waiver
sibility of a
superintendent's
they
appeal the
that
could
of:
reason
board,
they did not
but
decision to the school
(9)
beyond the
Any other cireumstance
directive of the
They followed the
appeal.
creates an
of the student
control
the next basketball
and did not attend
letter
that student.
hardship for
unavoidable
February
on
5.
game which was held
expressly placed
Again, the burden
T7
family
her
his or
on the student
up,
suited
game,
At that
T11
of a
existence
the
demonstrate
warm-ups
she decided
during pregame
but
rules,
follows:
intention of the
within the
support and encour
playing without the
that
verifying the relevant
"Documentation
in attendance
agement of her
impact upon the
explaining
facts and
quit the team before
upsetting, and she
too
must be submitted.
question
student
Although
did not
game
she
started.
special
given only
will
Consideration
any varsity sports,
con
participate in
beyond
control of
cireumstances
High School
tinued to attend Central
hardship.
create an unavoidable
student
months,
until she withdrew
another two
70.
rarity."
Id. at
Exceptions will be a
April
High School
transferred to Sallisaw
time,
Hardship
At that
a
Waiver
Hardship Manual ex-
Additionally, the
T8
Shelby's behalf
was submitted on
Application
hardship waiver re-
provides that a
pressly
of her
to the Association for reinstatement
approved"
quest "will not be considered
gener
eligibility, which relied on
athletic
that
there is
are
where the cireumstances
VI(A)(9) in the Hard
provision
al
section
in which
[the]
"discontentment with
beyond the
ship Manual of a "cireumstance
been estab-
eligibility has
the student's
un
ereates an
of the student which
control
Id.,
VI(D)(2),
lished."
See.
hardship for that student."
avoidable
dispute.
facts are not
T9 The material
facts set forth
€12
those material
junior
While
Shelby Morgan was
In
controverted,
underlying
are
above
played
she
varsi-
High
Central
School where
varsity
surrounding the Feb-
On Febru-
ty softball and
basketball.
cireumstances
factual
its aftermath-who
ruary 1 altercation and
father and
ary
altercation between
fault,
what
to whom
who said
of the Central was
member of the
Board
School
when,
during and after
what
following
game
who did
Public Schools occurred
try to
or did not
resolve
arguments, who did
played at another
school. Officials
hand,
School,
Superin-
High
including the
got
Central
it
out of
this matter before
etc..-
dispute has been the
and that
Tanner,
disputed
tendent,
as officials
Max
as well
Morgans'
efforts
and substance of
security
focus
from the
school district
host
subsequent
before the Associationand of this
proper application
tion of the
and enforce-
judicial action.
ment of those rules and
exceptions
their
Association,
should be made
not the
In a letter
in support
submitted
courts.
Shelby's Hardship Application,
Morgan
Mr.
(17
contended that
involving
situation
agree.
We
It
is fundamental
administration of Central
voluntary unincorporated
associations
such
himself and his wife came within the rule
as the Oklahoma Secondary School Associa-
"beyond
because it was a cireumstance
tion,
through
members,
their
are free to
regard
student's control."
In
to that situa-
adopt
govern
rules that
their interaction and
tion,
complained
he
that the administration
are free to enforee those rules
beyond
had overreacted and acted
its author- without undue
interference
the courts.
It
*4
ity
issuing
banning
its letter
them from
provided
2"4,
is
at 6 Am.Jur.
Associationsand
property
events,
and athletic
and he Clubs,
27,
see.
that:
stated that the letter
Shelby
had caused
emo-
general rule,
"As a
courts refrain from
tional
hardships
turmoil and stressful
which
interfering in the internal affairs of volun-
academically
had affected her
and athletical-
associations,
tary
property
unless the
ly, resulting in
nonparticipation
in athlet-
pecuniary
rights of member
in-
are
High
ics at Central
School.
volved, the decisions of the tribunals of an
14 The Association
denied the
association
respect
to its internal af-
by
waiver
May
letter dated
will,
mistake,
fairs
fraud,
the absence of
failure to submit information which met the
illegality, collusion,
arbitrariness,
be ac-
eligibility,
criteria for
Shelby
was ad-
cepted by the courts as conclusive."
vised that
participate only
she could
in non-
long
T 18 We
upheld
have
requirement
varsity
one-year
athletics until
ineligibili-
judicial
deference to the actions of the
ty period
2008,
In September,
was over.
Association in the exercise of
authority
its
Morgans appealed to the Board of Directors
establish and enforce its
controlling
rules
hearing
was held before the Board on
eligibility.
students' athletic
See Morrison
10,
September
2008,
Shelby
in which
and her
Roberts,
458,
(ex
v.
1988 OK
vested 22 WINCHESTER, great length in the rules of the Okla- V.C.J., OPALA,WATT, such High homa School Athletic Association. COLBERT, JJ., Concur. control was board defendant KAUGER, REIF, JJ., HARGRAVE, ample authority to so con- clothed with Dissent. rule, strue, its apply, and enforce this "ineligibility" for one specific provision TAYLOR, OPALA,J., V.C.J. with whom
year. WINCHESTER, J., concurring join, subject change if These rules are At here is the correctness change. a This T1 issue schools desire member by temporarily enjoining action meeting or trial court's may be done at the annual association) (a en- from specific pro- the defendant school according to referendum vote athlete forcing against high a school student long these vision. But so member the athlete be- under whose terms attach all of these its rule schools ... desire to High limitations, play conditions, ineligible to Sallisaw and restric- came many "eligibles," surely then tions on their team. basketball School's (the OSSAA) denying court legal propriety 2 The district an athlete the that either or sets aside a opportunity play varsity decision sustains basketball and voluntary ruling school association is Because, year. softball her senior under the appellate by applying in an court reviewed presented,1 facts I can no find abuse of dis recently the standard most announced cretion, I would affirm the trial court. Brown v. Oklahoma School Activ- Assn., P.3d, ities 2005 OK FACTS collusive, unreasonable, fraudulent
Absent arbitrary capricious process, a decisional majority neglects 1 2 The to start from the voluntary court not overturn a associa- very beginning catalyst pre- with the Concluding tion's enforcement of its rules. cipitated this lawsuit. While some of the from its review of the record that the associ- precise presented details of the events ruling in ation's contest does offend the said, said, fashion, a "he he she said" behavior, prohibited norms of decisional majority undisputed-at of the facts are least temporary the trial court reverses court's picture to the extent that a clear of what injunction impermissible as an interference happened presented. with the association's freedom of action. today's disposition I coneur in and in While Friday, February T3 On Jo pronouncement, separate- the court's write Morgan (Shelby), high junior ly emphasis quest to add with their High Sequoyah Central County, School for relief the athlete's nei- student playing Boynton basketball rely ther on the association's use of gymnasium. Her appel- prohibited process norms in its decisional lees, (father/mother, Morgan Joe and Darla legal nor contest the association's as a status collectively parents), game just attended that *6 private (nongovernmental) entity in an effort every as game had attended other of to secure this court's re-examination of the ended, girls' game her career.2 After the judge's ruling trial under a more favorable Shelby's father went to the restroom. While governs than standard review that which standing urinal, at the the father discussed private rulings by voluntary school associa- game restroom, the with another man in the tions. Robert Sutherland. KAUGER, J., HARGRAVE, with whom T4 expressed disappointment The father REIF, JJ., join, dissenting: in game both the outcome of the and with the performance words, presented T1 The issue of the coach. In his is whether the own 3 "(O)ur said, trial court in granting abused its discretion a he coach sucks." Another man temporary injunction restroom, Fleetwood, precluding Jay twenty-five the in the Okla- a Secondary homa year School Activities Association High member the Central School Ordinarily, voluntary principal high because the OSSAA is a school which used the ineli gible player gave directly initial information association, we do not interfere with its internal However, making. secretary previous ineligible player decision the our deci and neither the nor high sought any sions did not involve such a his blatant violation of school relief. process procedures egre internal due or such gious Consequently, they disposi- facts. are not 2. Trial of October 20, 2008, Transcript testimony example, tive here. For in Brown v. Oklahoma Shelby Morgan provides pertinent part Association, School Activities 2005 OK Secondary 9: 88, ¶ 10, 1219, P.3d the student was directly your parents your games? Do attend dispute dispute involved in the and the a involved Every one. matter which occurred on the football field and Can ever remember them not attend- by Agee, was witnessed a referee. In Mahan v. ing? 116, ¶ 2, 1982 OK 652 P.2d the student had A. No.... age eligibil turned 19 and had exceeded the limit ity requirement. In Oklahoma 3. Trial of October Transcript testimony Midget, Activities Association v. 1972 OK Morgan provides part of Joe ¶ 9, 505 P.2d the OSSAA did not have a Constitution, meeting required by basically its but the . I said what me and him was unnecessary Court determined it because the talking about, our coach sucks.... game in (school member),4 interjected deputy/security person at the ball board Board conversation, 5) asking tervened; fa game the ball attendees few other himself into According he had said. repeat what ther to witnessed the events from the bleachers father, member wait 6) the school board intervened; Rodden, ath Coach also grabbed the restroom and ed outside High of Central intervened letic director he exited. The board by arm as father 7) down; everyone attempt to calm father that if he informed the member then opposing from the some of the administration coach, he could ex problem with had a days present as well. A few after team were four board mem it the other press occurred, superintendent sug the events implied that present. He also who were bers gested that the father's breath had smelled girls from move his two the father could alcohol, but no one else made same suggested they The father Central school.5 superintendent report suggestion, nor did the outside. take the conversation night question. it on the precipitated the event which 15 This is Apparently, T 6 the situation did not rise to in the dispute. Nowhere record this entire physical altercation because no the level of They argued disputed. facts are these Nevertheless, punches were thrown. it some, others, by or irrelevant be unknown undisputed fingers pointed were however, is, It disputed. but grabbed.7 The also ad arms were kicked in point that the Rashomon effect ultimately mittedly profanity used and were everyone in the situation had involved game. Everything asked to leave the ball happened account of what next. their own had calmed down and the waited agree collectively, there seems to be Taken dressing in the door for to finish 1) point: ment that at some situation superintendent once locker room when the 2) intense; heated and became somewhat interject again tried to himself the matter. School, superintendent of Central Mr. security superinten officer ordered the interjected himself (superintendent) Tanner 3) being matter; mother, dent to return to his seat risk being after into the disturbance, present thrown out.8 was not left the informed of the bleach husband; join involved the scuffle. ers to check on 20, 2008, testimony participants. participant's While each version is 4. Trial *7 different, provides perti- apparent person Superintendent Tanner in it becomes that each Max 139; part p. has come to believe that their version is the nent at truth. yes, patron, ..A. I had talked to the Mr. Fleetwood. patron. keep calling Q. You him a He's more 20, 2008, Trial of October testimony Transcript Tanner, Superintendent perti- Max in your patron than a isn't he? He's board part p. nent at 126: member? a member. A. He's board they're argue starting ...I can see that to long be been a board How has member? heading way. little bit. I started that Twenty-live years.... time, they lobby that About enter the area. They're point, like headed outside. At that I 20, 2008, Transcript testimony 5. Trial of October get high principal there. The school is in Morgan provides pertinent part p. in 28: of Joe saying just between both of them calm down. grabbed my pulled upme to ... He arm and point going At that I asked Joe-I said what's you him. He said do know we have four more go, out ... on. That's when he hollers let's that, I I understand but I board. said yes, Jay, just go let's outside. talking you. nothing to I said I have was not point talking At that I can see that to Joe at say you to board members. He said to the point going help. I that is not turn and I you options. I know have other said them patron-I going ask the said what's on. That's options meaning my girls I move two get my I chest when four knuckles stuck into you're saying. Central is that what He saying you right I ... want to talk to now. said that's one of them. That's when I said I Morgan.... That was Joe go think we need to outside and have this conversation.... 20, 2008, 8. Trial of October Transcript testimony Morgan provides pertinent part of Darla Japanese film Rashomon is directed 63: story Akira Kurosawa. The of a man's murder gone upstairs .Q. rape Tanner is and the his wife is told four different .. You've Mr. times, again going point once back to Joe? each from the of view of one of the 4, 2008, Monday, February Friday the events which had occurred at the 17 On night game. ball phoned the father and direct superintendent him to come to his office to discuss the ed day, 18 The next the father received a superintendent Friday night events. The superintendent letter from the dated Febru 4, 2008, ary father that he had "terms" also informed the which informed him that because peaceful he and his wife interfered with the ability any regarding both to attend district, conduct of activities at the school differing games. again, future Once versions premises were banned from all school exactly during the what was said conversa including all activities and all sanctioned father, presented. According tion are to the day Shelby up events. The next suited superintendent to meet with the he refused game, deciding another ball but after she unless five school board members his superintendent could not stand to watch the attorney present-and aor witness were up walk and down the sidelines if her superintendent going told him "that ain't her, support could not there she turned happen."9 superintendent insists quit in her uniform and the team.11 Two begged he the father to come and that the later, April months trans father told him that he could either meet (the school). ferred to Sallisaw him or the school board and that the According Shelby, she transferred because "going father said he wasn't to talk with struggling she was with the lack of desire to * * * *5," those s* *s of b* Needless to attend do school work or home say, superin the father never met with the Additionally, work. she could not handle tendent, explaining that a one on one meet seeing superintendent standing in the ing pointless superintendent was because hallways every day. testimony Her reflects hurt, upset, that she felt and offended.12 directly participated involved well, enough . ..A I said I was nice Max, A. Yes. After I said what I said to sir, deputy says, you go you need to back into the drinking. to tell them that had been gym says super- and sit down. Max I'm the probably shouldn't have even said that. At intendent of Central schools. He said I point speak I wanted Joe to come you you go don't care who are. Either find goes with me. He said well-he I'm not place you're going to sit down or to be Joe, going you. to come in and talk to I said leaving as well. That was that. going you says you I'm to send a letter that Q. Then with what kind of did attitude Mr. cannot come to school activities. depart? Tanner you I said I need come in talk to me happy.... A. He was not your grievance need to take board of education. I said we can do it Transcript testimony 9. Trial well, way. goes going either He I'm not Morgan provides pertinent part of Joe you. come in and talk to I said would ..A. He called me on but he want- Monday, goes come and talk to the board. He I'm meeting Tuesday morning ed the before the going to talk to those sons of bitches.... game lay could so he down some laws. that what he Is said? 11. Trial of October 20, 2008, testimo- *8 it, why Yes. said can't A. I do Max. He said ny Shelby Morgan provides pertinent part of in you're got not. I said one of I them into p. 9: only way with. And then I told him the I'll your meeting you your come to is if have five you up go Q. game .. Did suit and to the my board members there and I have attor- night? ney my witness there for me. He said Yes, A. I did. going happen. guess that ain't I said I happened game Q. What before the started? you've got you've go to do what to do be- playing A. I suited out and intended on and coming cause I am not a one on one up just watching warmed Mr. Tanner meeting you. up knowing walk and down the sidelines and Q. you possibly there, What did think could come of my parents couldn't be I didn't want meeting-I a one on one understand it's to do it. superintendent different if the wasn't in- you So what did do? involved, being room, volved. With him did what A. Just walked back to the locker took you possibly think could come of that meet- my off uniform and walked out. ing. Nothing good my A. side.... Transcript 12. Trial of October testimo- ny Shelby Morgan provides pertinent part of in 10. Trial testimo- p. 6: Tanner, ny Superintendent provides Max in pertinent part p. you? 131: .. How did this affect (9) Any beyond Ac other cireumstances Schools T9 The Oklahoma create an control the student which (the Association/OSSAA), tivities Association hardship unavoidable for that student.14 in both Central Schools an association requires The rule also that: members, provides Schools Sallisaw verifying facts Documentation the relevant student transfers from govern rules which impact explaining upon the student rules, another. Under one school question must be submitted. Consider athletically eligible student trans when an given only special cireum- ation will be school, prohib the student fers to another beyond the of the student stances control year varsity sports for one playing ited hardship. Execep- create an unavoidable hardship transfer-unless waiver after the rarity.15 tions will be a criteria for "hard is obtained.13 Several [ Hardship provides 10 The Manual that a exist, pro the one at issue here ships" but request waiver "will not be consid vides: approved" ered or where the cireumstances are that there is "discontentment with the the student's schools which has established."16 been really good exception didn't know what was faith belief that an A. At first really going appropriate.... on because I didn't understand finally got fully. by Secretary. out there. After I Then I d. the Executive Consideration everything, very upset applications pursuant I was about it heard All submitted to this Rule shall be reviewed and evaluated mentally, emotionally.... Secretary At Executive and staff. The Executive you Secretary designee ...Q. How did that make feel when or staff is authorized to any investigation request conduct further or to your parents precluded knew that were form coming you perhaps again? any supplementation application sup- to watch ever very porting necessary I was hurt. materials deemed playing. application. application Q. Did feel like evaluation of the using A. No.... shall be evaluated the criteria established by the Board Directors... Governing 13. 8 of the Rules Interscholastic Rule Rules, All references to OSSAA's Constitution provides Activities in Senior Schools Hardship Waiver Manual are from the 2008- 2(1) part: § 09 versions which were included in the record. eligi- .. .A student who has established athletic bility at a school and then transfers to another Manual, 14. The OSSAA's Waiver Hardship eligible period year school is not for of one VI(d)(2), pp. provides § 69-70 9 reasons date of first attendance at the from the new 1) hardship which include: need to care for applies unless the student for and is relatives; 2) seriously ill or infirm an unstable granted exception an due to or other home environment in which the health of the pursuant qualifying circumstance to Section 3 risk; 3) negative change child is at a substantial below.... 4) parents; financial condition of the re- pertinent part: Section 3 of the Rule maining in the school district where the student Authority grant exceptions. a. established; 5) placement "is in another residence exception may grant OSSAA student order; 6) undergoing court a student a chemi- facing ineligibility when it is found that 7) program; partici- cal abuse rehabilitation application of this Rule works an undue hard- pate activity in an which is not available at student, ship on the school; 8) redistricting; other annexation or accomplish the Rule would otherwise fail to beyond the circumstances student's control. purpose for which it is intended. procedures evaluating b. ex- Criteria Manual, VI(d)(2)(9), Hardship § Waiver ceptions. *9 The Board of Directors shall establish writ- Manual, VI(d)(2)(B), Hardship pp. § Waiver procedures evaluating ap- for ten criteria provides pertinent part: 70-71 plications exceptions, for and those written procedures Request shall be made avail- The submitted must describe which of criteria student, apply explain ... above to the able to member schools. the criteria exception. why applicable, identify Application c. for those criteria (1) applying support OSSAA shall make forms for for material or information submitted in exception applying an to this Rule available to all mem- for those criteria. If one or more of applicable, ber schools. the above-referenced criteria are (2) submitting Request applica- The school the forms then the should list all of the member required supporting application responsible all documentation for the is for ble criteria and making complete required support certain the forms are to those criteria should be being in a submitted. and that the is submitted {12 school, {11 process clearly hardship waiver The the provisions adopts process due of the OS- the requested waiver from the OS- "Request the because SAA's Constitution SAA when transferred to Sallisaw. Hardship Eligibility Clarification" OSSAA form, they "yes" On the waiver to checked lettering in bold form question: you suspended, the "Were ex- BE DE THIS HARDSHIP "sHOULD pelled, discipline previous or under the NIED, AND DUE PROCESS RIGHTS attend, your parents or were or CANBE FOUND BY RE PROCEDURES coach, teacher, having a conflict with a or TO THE OSSAA ADMINIS FERRING your previ- administrator at the time left HANDBOOK UNDER CON TRATORS' They ous school?" also included documenta- STITUTION SECTION 6."17 The OSSAA explaining tion that a "situation" had taken process provi 6 is a due Constitution Section requires impartial investiga place game February at the sion which ball notifications, tion, invitations to sub parents the written between and the Central School pertinent mit additional information to the administration which the student was not investigation, opportunity as well as an involved, present beyond or and which was schools, students, the the and the student's They explained the student's control. also investigator.18 to meet with the hardship request investigation. A should NOT be submitted if to the The member school's Eligibility representative provide the Athletic investigator shall the Transfer Information received the student's former Form with a written confirmation that his notice information, any or other reliable indi- given days rep- has been within three of the cates that: ... receipt alleged resentative's of notice of the the student transferred due to discontent- investigator violation. If the determines that personnel with coaches or other at the ment investigation my compromised be or im- already school at which lished; estab- peded immediate notice to the student or (Emphasis original.) parent(s) legal guardian, the student's or or the school involved, then notice personnel Request Hardship Eligibility 17. The for OSSAA may delayed be until the risk or interference required Clarification form which is filled to be investigation with the is minimized or elimi- receiving appen- out school is attached as nated. dix A. reaching c. Prior determinations, any school(s), investigator shall further afford the 18. The Oklahoma School Activities students(s) any as well as involved and the Association Constitution Section 6. DUE PRO- legal guardian or student's of such Regarding Investigations, CESS-Procedures student, opportunity request meeting Hearings, Appeals provides pertinent part: investigator. Any timely request with the granted. will be Secretary desig- a. The Executive or his/her my necessary d. Because some action be- (the investigator") nee will conduct an im- investigation alleged fore an of an violation partial investigation any alleged into viola- completed, Secretary can be the Executive is reasonably possible tion as soon as is after temporary pending authorized to take action allegation brought to the of attention determination, investigation further reaching any the Association. Before deter- necessary prevent possible deemed con- minations, practical and as soon as is in the tinuing repeated or violations of the Associa- insuring investigation interest of is com- Constitution, Rules, tions's or Policies plete, representative of the member Procedures. school(s) writing, involved will be notified in Secretary notify e. The Executive shall feasible, alleged when violation and school(s) representative of the member in- any invited submit information deemed writing volved in decision with his/her investigation. to the respect alleged violation as soon as investigation may impact eligibil- b. If the possible after a determination been has ity participate of a student to in interscholas- made, representative and shall direct the contests, tic activities or result provide notice of the decision to stu- imposition penalties or sanctions on indi- dent(s) rep- involved. The member school's personnel, reaching any vidual school before provide resentative shall the Executive Sec- investigator determinations, shall direct retary with confirmation that this notice has representative notify the member school's given days receipt been three parents(s) legal guardian within of the stu- *10 alleged Secretary's notice of the Executive dent of the violation or the school decision. involved, personnel aggrieved f. A to invite them to member school or individual pertinent Secretary submit information deem a decision of the Executive 22, 2009, parents January on resulted the was filed the OS-
that the "situation" appealed the matter to the school. SAA this Court being from banned 22, January 14, 2008, for May 113 On with no reason for the hardship was denied given to either
denial DID 116 THE TRIAL COURT NOT parents Shelby. The were notified or to IN ABUSE ITS DISCRETION OVER- varsity sports at Shelby ineligible play to was THE TURNING OSSAA'S DECISION Sallisaw, play junior varsi that she could but UNDER THE FACTS PRESENTED colleges 1) THE Because had ty sports at Sallisaw. INTER- BECAUSE: OSSAA'S Shelby's athletic abili expressed interest PRETATION OF ITS HARDSHIP ties, parents appealed to the OSSAA's UNREASONABLE; EXCEPTION IS of Directors.19 Board 2) THE OSSAA'S DECISION WAS CAPRICIOUS; ARBITRARY AND {14 hearing was held at the Board's A 3) AND THE OSSAAACTED IN VIO- 10, September monthly meeting on LATION OF ITS OWN DUE PRO- ended, hearing denied After the Board AND CESS RULES PROCEDURES. parents' appeal explanation. without parents' attorney was not able to attend the {17 argues The OSSAA the decision conflict, scheduling hearing due to a but the deny Shelby's hardship request to Rennels, Danny attorney call the Execu- did unreasonable, arbitrary, capricious (Executive Secretary of the OSSAA tive See- thus, authority the trial court was without to retary), hearing. before the He also sent interfere with the enforcement of its own up follow and a statement from Suth- letters 1) rules. The counter that: the OS- erland, present the other man the rest- reasonably interpret SAA failed to its own room, story who corroborated the father's 2) rules; proceedings fraught were February that he not initiate or cause the did injustice; and the decision was unreason- 1, 2008, transcript confrontation. There is no able, arbitrary capricious. hearing of that included the record. 1, 2008, T 15 On October filed a "voluntary" A. The Oklahoma School petition Sequyah in the District Court of Secondary Athletics Association. County seeking temporary restraining or- 18 The OSSAArefers to itself as a "vol- injunction temporary preclude der and/or enforcing untary regulating its decision re- responsible OSSAA association garding Shelby. judge The district competition public issued a interscholastic between restraining temporary private secondary order on October and certain schools enforcing majority to restrain OSSAA from Oklahoma." The characterizes hearing temporary "voluntary" its A on the decision. OSSAA as as well. This Court previously 2008. Af- has referred to the injunction OSSAA was held on October hearing, judge "voluntary." ter the the trial ordered that In Brown v. Oklahoma Second- play be allowed ball. The order Association, ary Activities OK right appeal irreparable shall each have the Did know that is one of of Directors Board Association.... injunctions? the words we use in the test for thing people maybe A. No. The haven't tak- 19. The Trial tes- en into consideration not for Joe and I but timony Morgan provides of Darla just Shelby, I don't know if would part 58: gotten go play have offered basketball inquires ...Q. Has she had some about col- play somewhere. She's been offered fast lege to further her education and her athletic pitch somewhere thanks to the coach that's simultaneously? career helping get exposure. some A. Yes. play But if she's not allowed to her senior Q. She's had some coaches come visit even either, year just I don't know what doors could recently? actually I would like for her to be able to had She's coaches invite her to opened, through going walk that door. I'm not practice got with them. We've to schedule know that and neither is she if she can't that.... play.... And at
373
1219,
88, ¶ 10,
organization,
good
in
lawfully.
125 P.3d
we described the
faith and
Ab
saying:
purpose,
and its
fraudulent,
OSSAA
collusive, unreasonable,
sent
arbi
behavior,
trary
capricious
may
or
this Court
up
The Association is made
of schools who
voluntary
not overturn a
association's en-
voluntarily apply membership.
One of
may
foreement of its rules.20 We
not inter
promote high
purposes
its
is to
standards
ject
in
ourselves
the OSSAA'sinternal affairs
sportsmanship.
in-
good
of
With member
reasonable,
lawful,
if
keeping
the rules are
put,
adopts
governing
rules
the Association
public policy,
interpreted fairly
with
and are
between the Association
the interaction
reasonably
uniformly
and enforced
membership.
and the
are
Member schools
arbitrarily.21
presumed
acquiesce
in the rules and in
provision vesting
the constitutional
final
T21
imposed
The standard
of review
authority
to whether a
as
rule violation
temporary injunction
for the
of a
issuance
Board of
occurs
Directors.
is similar-whether
the trial court abused
"voluntary"
1 19 While the term
is used in
its
or
against
discretion
entered a decision
prior
our
decisions-for
students-the
term the evidence.22 Pursuant
to 12 O.S.2001
required
A
is a misnomer.
school is
be a
952(b)(2),23
may reverse, vacate,
§
we
participate
member of the OSSAA to
in modify
judgment
of the district court
state-wide
interscholastic
athletic
events. where,
review,
appears
it
from the na
who want to be involved in athletics
Students
ture of the case and all the
properly
facts
might
and who
even choose athletics as a
plaintiff
before the Court
was not en
required
4
career are
to be bound
the OS-
injunctive
Injunction
titled to
relief.2
procedures if
SAA rules and
their school is a
proceedings
equitable
nature.
play sports.
In
member and
want
Therefore, we consider all the evidence on
sense,
truly "voluntary"
it is not
this
appeal.25 Accordingly, we must determine
suggests.
term
whether the OSSAA's internal affairs were
Nevertheless,
general
reasonable,
lawful,
keeping
20
rule is that
public
policy,
the courts should not intervene
the affairs
and whether
the OSSAA's
rules
associations, exeept
interpreted
fairly,
of such
to ascertain were
reasonably
proceedings
arbitrarily.
whether association
are conduct
not enforced
If
pursuant
case,
ed
to the rules and laws of the
trial
court did not abuse its
(b)
reverse,
Secondary
Supreme
20. Brown v. Oklahoma
School Activi
Court
vacate or
modify
following
of the
Association,
88, ¶ 10,
ties
2005 OK
orders
dis-
125 P.3d
court,
Agee,
judge
1219;
116, ¶ 2,
Mahan
v.
1982 OK
trict
or a
thereof:
765;
P.2d
Oklahoma
School Activities
discharges,
Secondary
...2. An order
vacates or
¶
Midget,
154,
9,
Association
v.
1972 OK
P.2d
modify provi-
modifies or refuses to vacate or
175.
remedy
sional
which affects the substantial
refuses, vacates,
rights
party;
grants,
of a
Secondary
v.
Brown Oklahoma
School Activi
modify
modifies or refuses to vacate or
Association,
ties
see note 20,
Mahan
v.
supra;
injunction;
grants or
trial;
refuses
new
20,
Agee,
supra;
Regents
see note
Board
of
of
judgment;
vacates or refuses to vacate a final
University
Collegiate
v.
Oklahoma
National
of
¶
Association,
Athletic
17,
12,
1977 OK
561 P.2d
499,
953;
85 A.L.R.3d
Oklahoma
Secondary
Secondary
24. Brown v. Oklahoma
School Activi
Midget,
School Activities Association v.
1972 OK
ties Association,
¶ 11,
see note
20 at
¶ 9,
154,
supra;
374 documentation, temporary injunc questions waiver asks of ei- issuing the in
discretion school, necessary, and then recom- ther tion. superiors to her whether the waiver mends Due violated its own B. The OSSAA case, Shelby's In should be denied. because ef- and Procedure and Rules Process parents that the had the form indicated been fectively that the decision admitted dispute involved in a at the the assis- arbitrary regarding was superintendent tant contacted the from Cen- capricious. Tanner, tral the one who School-Mr. directly in the altereation-to involved was address the nature of need not 122 We inquire further as to the nature of the dis- rights as a process due Shelby's minimal learning that pute. After would Although the proceedings. in these student superintendent, not meet one-on-one with the hardship in process due guarantees OSSAA denial of the waiver. she recommended it to follow its constitu proceedings, failed Request The for OSSAA provision. tional T24 The did not contact assistant requires Hardship Eligibility Clarification because, testified, or the as she she of the OSSAA'sconstitutional application parents-she does not work for the works for 1) provide provisions which for: process due that schools.27 She also testified she did 2) proper impartial investigation; an notifica in superintendent know that the was even tion; opportunity an for the students appeal volved the matter until the before investigator.26 parents to meet with the Finally, the Board.28 she testified that the Here, Cassell, merely Amy an at the reason the waiver was denied was 1 23 assistant (as- Shelby's processed request because the father refused a one-on-one OSSAA who meeting superintendent.29 with the sistant), routinely that testified she reads Constitution, basically you're telling § Q. hardship note So 26. The OSSAA see me the ruling supra. was denied after the you submitted and after made one call to Mr. your 20, 2008, Tanner and then recommendation was Transcript October testimo- 27. Trial made? ny Amy provides pertinent Cassell of Assistant A. Yes? ... part p.at 82: Morgan you ...Q. But never called Mr. 20, 2008, Transcript 29. Trial of October testimo- opportuni- in fact missed the asked him if he ny Amy provides pertinent of Assistant Cassell ty to seek resolution? part p. 81: don't work for I work No, A. sir. I parents. my correspondence So all schools. ...Q. Cassell, Ms. never called Mr. Mor- you dealings except are with schools with the me, gan and asked him about this. Excuse exception prior conversations I had with appear your but it that seems initial deter- Morgan hardship Mr. about another waiver. perhaps argu- mination and Mr. Grossman's He had called me several times about way questions going ments his are previous hardship I know that he waiver. gotten, we've the brief that an awful lot of that can call and talk to me understands he emphasis placed on the fact that Mr. Mor- parents. if he wants to. I don't call gan opportu- refused to make the most of an you Q. understand that don't work for nity to seek resolution. Is that correct? you trying them. But are to find out the emphasis placed There's a lot of fact truth, you? aren't by OSSAA? Through A. Yes. the schools. deny A. It would be a reason that I would you maybe Q. Did it ever occur hardship waiver. always schools don't tell the truth? why you Q. That's did? Well, A. no.... A. Yes.... 20, 2008, Trial of October Transcript testimony 28. Trial testimo- Amy of Assistant Cassell ny Amy provides: Assistant Cassell part Q. your goes Did it ever come to attention that ... This all back to whether her father personally sought pursue opportunity Mr. in this for resolu- Tanner was involved tion with matter? Mr. Tanner? Actually my goes perspective A. Mr. Who? it all person who talked back to whether or not waiver Mr. Tanner. The meets or does not meet criteria. to at Central. criteria only things My hearing, pro- at. A. Not the board the due Those are the two I look until hearing. parameters pretty cess narrow. In this situa- €26 Nowhere the OSSAA's rules is it forwarded her recom assistant deny that a stated reason to turn, superior, who for mendation to application is quit because the student to Executive warded the recommendation *13 solely parent's neglect team because of the Secretary Secretary. The denied Executive seeking in a resolution of a conflict in a the same reason as the application Secretary certain manner.32 The Executive did not meet assistant-because father notify parents did not that this reason superintendent. That one-on-one with the was the basis of the decision. The denial, only had was the reason for the did not learn this information until the cause nothing Shelby directly.30 Shelby to do with was before the trial court.33 The Executive discord, of the nor could was not cause Secretary referred to this matter as a mere rectify anything she have done to the situati discontentment, but could not describe on.31 whether discontentment can rise the level hardship.34 Additionally, he stated that By way, Q. ... in the rules somewhere for tion, I didn't see that the situation met our hardship hardship criteria for waiver. the OSSAA under this waiver man- ual, Morgan Q. say anywhere an That's because Mr. didn't seek does it in there that if a opportunity parent for resolution with Mr. Tanner? doesn't seek resolution of a conflict that that one of the bases on which the A. Yes.... deny hardship application? OSSAA should 20, 2008, 30. Trial of October testimo- Transcript say specifically? A. it Does that ny Secretary Danny pro- of Executive Rennels Yes, Q. ma'am. pertinent part p. in vides at 99: A. No.... Q. you explain why you ... Can to the Court reached that conclusion? 33. Trial 20, 2008, of October testimo- Transcript Again, A. it was from the situation of what ny Secretary Danny pro- of Executive Rennels something was described as that had oc- pertinent part pp. vides in at 111-112: game. appear curred at a ball It did that ..Q. In denial, first which we've al- your any there had not to it. been resolution made seen, ready does it state that that's the rea- having large With us a number of situa- denied, hardship ruling son it was that the develop, impossible tions that it's for us to be denied, was because the had away. referee from a number of miles Until failed to resolve the issue at the school? something there was that was resolved at No, sir, say A. it did not that. Central we could not see a reason for Q. anything writing telling Is there in them approve us to intervene and to problem applica- what was with their waiver.... tion? 20, 2008, Transcript 31. Trial of October testimo- No, A. sir. It said it did not meet the criteria. ny Superintendent provides Max Tanner in Q. Okay. talking What criteria are we about pertinent part pp. 141-43: writing anywhere? if it's How were they supposed they Q. to know what were even have blame in this? addressing appeal? nothing.... in the A. She did Shelby help get Q. A. How can I would have assumed that the school at this recon- ciled? Sallisaw would have told them that. That's expect. A. I don't know that she can.... what we would The letter to from the school or to 20, 2008, Trial of October Transcript testimony Secretary Danny provides simply says of Executive Rennels Sallisaw it didn't meet criteria pertinent part p. eligibility. 122: Does that letter indicate that talking ...Q .... We're not Morgan about Joe and it was because of Mr. failed to seek Darla, are we? problem resolution of the or conflict with the sending school? No, A. sir. student, hardship belongs Q. The A. No, sir, it does not. doesn't it? anywhere, It's not said is it? A. That's correct. A. No sir.... anything Q. Did this student have to do with problem arose? 34. Trial 20, 2008, October testimo- Transcript did, A. Not aware that she no sir. ny Secretary Danny pro- Executive Rennels you agree certainly Q. Would with me that it pertinent part vides in 113: hardship? created a ...A. Our criteria does cite one of It created a sir.... problem, exceptions we will use to not consider is discontentment with the school where the 32. Trial testimo- ny Amy of Assistant Cassell student's has been established. part very yes Our are schools aware there's not have the staff or simply does coach, opportunity, the OSSAA seek a better better investigate purposes: an team. The rule serves two better the resources athletes;36 prevent recruitment of did this cause.35 any further than 2) preclude displace- transfer students from testimony According to the of the ing existing players.37 Exceptions team Secretary, purposes Executive allowed certain cireumstances when there objectives of the rule and the OS- transfer is no evidence that recruited student was Yet, nothing suggests place overemphasis .38 the record SAA are merely was recruited or that or to have students move she dis athletics *14 sending part preserve equita- that As of the overall effort to on that school form checked they participation opportunities, discourage be alert that there are other should ble Certainly Sallisaw school be- issues there. athletics, of detriment overemphasis ing have known that. a member would important programs, other educational appreciate Q. that. Mr. Disconteniment. Oklahoma Activities Association addresses that in his brief when Grossman (OSSAA) govern- has established certain rules discontentment, says hardship. he this is ing eligibility.... (Emphasis original.) When does discontentment rise to the level hardship? of 20, 2008, Transcript 37. Trial of October testimo- not sure I can answer that. A. I'm ny Secretary Danny pro- Executive of Rennels Q. can't, If who can? you part pertinent pp. vides in at 90-91: 20, 2008, testimo- 35. Trial October Transcript explain ...Q. you Can to the Court how the Secretary Danny pro- ny of Executive Rennels particular objectives rule ties in to the pertinent part p. at vides in mission of OSSAA? _.... approximately We act on 1200 of ..A objective A. Yes. I think the of the OSSAA is requests year writing a of these these place overemphasis to not an on athletics or hardship waivers. We receive a number of moving to have students for whatever reason questions concerning type these calls purpose there be. The and mission issues ... of the statement OSSAA. Student to be eli- Trial testimony gible place anticipate at one there. Secretary Danny provides of Executive Rennels here You were when Ms. Cassell talked pertinent part pp. 94-95: equitable opportunities participate. about to couple ...A. There are a of reasons. We you explain Can to the Court what that term certainly any input take we can receive to would mean? help us resolve an issue. We have a board pile up A. It would mean for students not to policy give responses that states we official team on one or to move to one team because only. to the schools and to the schools We opportunity aof better coach or a better or a parents. will talk to counselors. We'll talk to play again eligibili- gain better team to where the Anyone help us the idea. The official response ty place of our rules would them. our board deems should be made they happen go-if good We to that school. also will assume If students to all ath- have go would some information that particular letes decide to to one school team, we would need to know when we're review- put together championship a state ing the case or information. impact what that have does on other stu- you depend Q. Do on the schools to do a lot at that dents school? investigative you gathering work for A. other students Obviously, up materials or information that need school-any time have an that athlete to make a order determination on in, athlete, they're good pretty moves request? obviously going participate someone is not Again way. that It has to be with the because that student is there. You'll have a we do, volume that it would be impossible. local situation that could occur. You also assigned I have four staff members that are par- have situation where the other teams to work on these waivers. That ticipate against those students would be at a they process something means will over 300 disadvantage partici- because of that student apiece during years period There time. pating eligible.... when not way would be no for a staff that size to personnel evaluate those without Manual, 38. The OSSAA Waiver 2008- Hardship help.... IV, 68, recognizes § in cases of students, foreign exchange transfers in the 7th Manual, The OSSAA Waiver 2008- Hardship IV, pertinent part: § grade, non-varsity and 8th or instances where available, participation exceptions may is be rec- IV. APPLICATION FOR EXCEPTION ognized "provided there is no evidence that the FROM DUE INELIGIBILITY TO UNAVOID- student was influenced to transfer schools for ABLE HARDSHIP OR OTHER CIRCUM- purposes." STANCES athletic starting player from the team.39 In No notice was placed a given. did not cause, purpose of the rule was learn the actual reason for the denial of the prohibit met the decision hardship application until the matter came require before the trial court. The rules playing. investigator. opportunity to meet with the process In violation of its own due happened. This never § guarantees provided by 6 of its Constitut 1) ion,40 did not: conduct an the OSSAA disturbing T30 It that an association matter; impartial investigation into the promote good which sets forth rules properly notify the or the totally sportsmanship ignored the rules it student, of the actual reason for the denial or adopted-the game. rules of the The trial opportunity judge right tell them that had an when he said to investigator. meet with the The OSSAA's hearing: the conclusion of the admittedly nothing had to do decision is, reality though, you "The of it didn't do Shelby, based on the fact but was instead anything wrong. play You need ball. meeting refused to attend a They should ashamed themselves directly involved in the inci with someone *15 you're playing you because ball where present, board dent without the school their play want to ball." attorney present, non-partial wit even arbitrary capricious An decision was present. Shelby was not involved in a ness reached, court, the trial but the dispute with either the school or the coaches. I OSSAA. would affirmthe trial court. are three Under these facts there conclusions 1) trial court have reached: should APPENDIX A interpretation OSSAA's of this ex REQUEST FOR OSSAA ELI- HARDSHIP 2) unreasonable; ception was the decision GIBILITY CLARIFICATION 3) arbitrary capricious; was acted in violation of its own due OSSAA completed by voting delegate Must procedures. trial process rules and The receiving principal granting court did not abuse its discretion in injunction. semesters(s) Applying [_] for additional
CONCLUSION FOR OFFICE USE OS- _-_-____Approved Shelby played by rules. require impartial SAA did not. The rules an ______Disapproved investigation. investigation No such was Criteria [Only phone done. one call was made-to Superintendent who was involved Initial dispute.] The OSSAAdid not learn that the Student________ Name of Superintendent dispute was involved Attending. School until the matter came before the board hear- ing. require proper The rules notification. Date of first attendance nothing 39. testified that transfer had A. Yes. fairness, to do with athletics The Trial just attempt In all was this 20, 2008, testimony Shelby Morgan October go your part play somewhere else to ball? mentally pertinent part A. It was better for me and emotion- ally.... time, Was that-was desire at that your Shelby to transfer for the sake of athletics? pp.At 13-14: A. No. By any imagination, ...Q. stretch of the Q. What was it all about? together just put all of this concocted or so think, get away, A. I needed I you go play could to Sallisaw and ball? school board members and Max Tanner be- No.... affecting academically. cause it was me also fact, you Q. As a matter I think told the 40. The Oklahoma School Activities just go Court decided that would § 6, see note Association Constitution supra. play sports? school there and not
Date of Birth Age I completed 2. have and included in school for which is Grade request. the New Student Form with this (Circle) 7 10 11 12 requested. 8 9 previous 3. have contacted the eligi-
school and have sent the athletic bility information form to us and we have (This request. applies it with included this legal district in address of stu- schools.) to out-of-state and non-member located._______ dent is background 4. I have included all Address Residence requested properly information as is ren- concerning request. der decision Telephone. Home request This is based on the (relation- living is With whom student (Refer # criteria eri- ship)? pages teria listed on & participate any sport Did the student Signatures parties appear of all [|] the last school attended? Yes No [] Hardship Eligibility on the Form and on the Height_____Weight Student's New Student Form. sport? What student's best *16 incomplete 7. I in- understand __Aver- Ability average is below formation submitted on the forms age.___Outstanding__ hardship being will result in the denied due What is student's next best to lack of information. sport? _________Ability is below aver- understand that incorrect in- age___Average___Outstanding__ eligibility formation could cause to be re- school(s) previous years List attended in voked and could result the forfeiture of corresponding dates: contest(s) participated in which the student _______ Tth penalties imposed and other if deemed neces- sary. (Year) (School)
Sth________- Questions Note: initialed will be incomplete viewed as cause hard- (School) (Year) ship to be denied due lack of informa- e tion. (Year) (Sehool) _______
10th Date (Year) (School) Parent(s) legal guardian's signa- _______ ture. 11th by: Case submitted
(Year) (School) (Voting Delegate Principal- ________ 12th PRINT) PLEASE (School) (Year) Title. denied, If do intend to con- Telephone tinue requesting attendance the school eligibility? PRINCIPAL'S OR VOTING DELEGATES SIGNATURE Principal Voting Delegate should initial following questions prior SCHOOL AD- sending MAILING ZIP request DRESS to the OSSAA office. (Please complete school address provide hardship request.) every DE- BE THIS HARDSHIP
SHOULD
NIED, AND PROCESS RIGHTS DUE BY BE FOUND CAN
PROCEDURES ADMINIS- THE OSSAA4A
REFERRING TO UNDER CON- HANDBOOK
TRATORS'
STITUTION SECTION CR 29 OK FOLKS, II, Appellant Clifton
Samuel
v. Oklahoma, Appellee.
STATE
No. F-2007-1204. Appeals of
Court of Criminal Oklahoma.
Dec. 2008.