An Indiana state appeals court has affirmed a ruling of a trial court that the Indiana High School Athletic Association (IHSAA) should pay the attorney’s fees of the family of a man, who contested an eligibility ruling more than 20 years ago when he was a student athlete.
In so ruling, the panel wrote that “a trial court may award attorney’s fees when a party continues to litigate the case after the party’s claims have become frivolous, unreasonable, or groundless. Here, the trial court ordered fees after finding that the litigation conduct by the IHSAA in trying to prevent a student from playing for his school demonstrated all three of these.”
The dispute began during the 1990-91 school year at Andrean High School in Merrillville, Indiana. Plaintiff Shane Schafer was a junior at the time, playing on the school’s basketball team. He withdrew from school during the spring semester, suffering from a severe, chronic sinus infection for several months. It required several surgeries to correct. Schafer ‘s medical condition had hampered his academic performance during the fall and spring semesters. Andrean did not give him his grades for his spring classes and permitted him to repeat his junior year in the 1991-92 school year.
In June 1991, Schafer asked IHSAA to rule that the 1990-91 school year would not count against his eligibility to play interscholastic basketball. IHSAA did not dispute that Schafer ‘s medical condition was genuine and had caused his academic difficulties. It nevertheless denied his request, citing IHSAA Rule 12. Assistant Commissioner Ray Craft allegedly advised Andrean officials that any administrative appeal would be “fruitless” because IHSAA’s Executive Committee, which would consider the appeal, lacked authority to set aside the rule.
Nevertheless, Schafer and his parents appealed through IHSAA’s process. After the plaintiffs filed the appeal, IHSAA officials informed them that IHSAA Rule 18 also barred Schafer from participating in athletics for the fall 1991 semester.
On October 18, 1991, IHSAA’s Executive Committee upheld the decision of the commissioner that, under Rule 12, the 1990-91 school year would count against his eligibility to play high school basketball.
On November 12, 1991, Shane, by his father Gregory Schafer, filed suit in the Lake Superior Court, seeking review of IHSAA’s rulings, injunctive relief, and damages. The next day, the trial court issued an ex parte temporary restraining order allowing him to play basketball during the fall semester. On November 15, 1991, IHSAA’s Executive Committee affirmed the commissioner’s ruling that Rule 18 was a second reason Schafer was ineligible during the fall 1991 semester. He did not play basketball at Andrean that fall.
On November 19, 1991, after a hearing attended by both parties, the court dissolved the TRO. It declined to enter a temporary injunction, determining that Schafer “appears to be entitled to take part in athletic competition beginning in the second semester at Andrean in January of 1992; but there exists no emergency for the granting of a temporary restraining order or temporary injunction at this time.”
The plaintiffs finally got some of the relief they were seeking in a January 9, 1992 order, after a judge determined that IHSAA’s rules, as applied to Schafer, were “arbitrary and capricious” and had resulted in an “absurdity.”
More judicial activity led a trial court to enjoin the IHSAA from barring Schafer during the 1992-93 year and from taking any action against Andrean as a result of Schafer’s participation in basketball.
While the Schafers had gotten the relief they were seeking, there was still the question of fees. In 2003, a judge awarded the Schafers fees of $86,231.25. The award covered legal work performed during about 13 months in 1991-1992. The fee award did not become final until 2008, when the Schafers dismissed their allegation of abuse of process. IHSAA appealed the fee award, and an appellate court reversed and remanded. Subsequently, the trial court issued a new order, which, again, was appealed.
In its review, the appellate court cited Indiana Code section 34-52-1-1(b), which provides:
“In any civil action, the court may award attorney’s fees as part of the cost to the prevailing party, if the court finds that either party:
(1) brought the action or defense on a claim or defense that is frivolous, unreasonable, or groundless;
(2) continued to litigate the action or defense after the party’s claim or defense clearly became frivolous, unreasonable, or groundless; or
(3) litigated the action in bad faith.”
The trial court cited subsection (b)(2) of the rule in awarding fees, “determining that IHSAA continued to attempt to bar Schafer from playing basketball after its defenses clearly became frivolous, unreasonable, or groundless.”
Elaborating on this, the appeals court wrote that “evidence supports the trial court’s findings that the Schafers consistently prevailed at the trial court and on appeal during the period for which fees have been ordered. Many of these were not simple adverse rulings, but rather judicial declarations so striking as to support a conclusion that IHSAA’s course of defense was ‘unreasonable.’”
Attorney Issues Statesment About Possible Appeal
Robert M. Baker III, attorney for the IHSAA, issued the following statement to Sports Litigation Alert about a potential appeal:
“While the IHSAA has vigorously defended this anomaly-of-a-case for this 21+ years (the IHSAA finds it nearly impossible to believe that it could be sanctioned with attorney fees by routinely defending itself in a rather pedestrian injunction proceeding — and that truly is what happened), it believes that this case presents a unique circumstance which shouldn’t be repeated. So, enough is enough, and no, there will be no appeal.”
Indiana High School Athletic Association, INC. v. Gregory S. Schafer et al.; Ct. App. Ind.; No. 37A03-1303-CP-86, 2013 Ind. App. LEXIS 620; 12/17/13
Attorneys of Record: (attorney for appellant) Robert M. Baker III, Law Office of Robert M. Baker III, Indianapolis, Indiana. (attorney for appellees) Timothy S. Schafer, Schafer and Schafer, Merrillville, Indiana.
