Alexander case has big OHSAA ramifications

LeRoy Alexander played for Springfield before transferring to Whitmer in Spring, 2011. THE BLADE/ANDY MORRISON Enlarge | Photo Reprints

If the Ohio High School Athletic Association's legal dispute over Whitmer senior LeRoy Alexander's eligibility was a sporting event, it would be viewed as a matchup the state's sanctioning body of athletics desperately needs to win.

To back down against Alexander could potentially result in an irreversible ripple changing the way transfers are handled in Ohio, with attorneys citing this case as precedent to diminish the power OHSAA wields in determining a transfer athlete's eligibility.

Alexander, a high profile three-sport athlete who transferred from Springfield to Whitmer last March, is eligible through a preliminary injunction he obtained in August, much to the chagrin of OHSAA. A standout on Whitmer's football team that advanced to the state semifinals last month, Alexander has assumed a prominent role on the hardwood this winter for the Panthers' unbeaten basketball team.

It is seemingly because of his messy transfer, made suspicious by an affidavit submitted by his mother which OHSAA said was falsified, that sparked the state's ongoing investigation at Whitmer directed at other transfer athletes.

The next time representatives of OHSAA and Alexander square off in a courtroom will come before an appeals judge, and won't happen until August or September, predicts Alexander's attorney, Terry Lodge. Local attorney Martin Mohler, who is helping represent OHSAA, believes the hearing "could be sooner" depending on how quickly the case moves through the appeal system.

Using Lodge's timetable of fall, 2012, Alexander's days as a Whitmer athlete will be over, his diploma in hand, and perhaps a promising college career ready to take off.

Which begs the question: Why isn't the state cutting its losses and moving on? Ostensibly, because its role as arbiter on eligibility cases is at stake. By conceding a win to Alexander, the state would invite more and more cases similar to his to be resolved in a courtroom rather than by OHSAA.

"I think they care so much [because] the larger legal issue involves a pretty fundamental matter, which is, can anybody who's dissatisfied with an OHSAA decision walk into court and get a trial, get a redo?" Lodge said, adding, OHSAA has "a very unique, almost government-like role, and they're very, very wary of losing any of the turf or control of authority with the participating student athletes."

LeRoy Alexander is a star on Whitmer's basketball team. He was also a key football player. THE BLADE/SEAN WORK Enlarge | Photo Reprints

OHSAA seemingly agrees with Lodge, asserting in a statement to The Blade that it is "always concerned about what precedents are set by its actions, the actions of the member schools, and by court decisions."

At the appeals hearing -- whenever it might be -- OHSAA will be armed with new evidence possibly showing Alexander violated its transfer bylaws. Confirming information obtained by The Blade, OHSAA said "the Alexanders may have been shopping around for a new school home for LeRoy."

Days before enrolling at Whitmer, Alexander or someone he's associated with, allegedly contacted head coaches at two other area high schools who won state football championships in recent seasons.

"I got a call at my house late one evening, at about 11:30, from a reputable source saying LeRoy's moving to Southview," Southview coach Jim Mayzes said, "and I was told it was a done deal."

Central Catholic coach Greg Dempsey said Alexander attended a basketball game at the school and while there visited the Irish's weight room and spoke with Dempsey about transferring. Alexander also contacted a college guidance counselor at Central Catholic.

"There was never any further contact," Dempsey said.

Alexander's actions fly in the face of OHSAA's bylaws, which state a change of residence may not be accomplished to circumvent a transfer bylaw but that the change of residence must precipitate the transfer of the student.

Upon obtaining a preliminary injunction on the first day of football season, Alexander helped Whitmer win 13 straight games and climb to No. 2 in the state poll before falling to eventual champion Cleveland St. Ignatius 17-6 in the Division I state semifinals on Nov. 26.

Alexander, who excelled on offense and defense, was named first team Three Rivers Athletic Conference as a defensive back. He is also a star guard on the Panthers' basketball team and competed for the school's track and field team last spring.

"I thought LeRoy is a great kid and was a strong contributor to our team this year," Whitmer football coach Joe Palka said.

Teresa Alexander, LeRoy's mother, declined comment through Lodge about her son exploring other high schools. OHSAA will not say whether it produced any new evidence regarding Alexander's eligibility during its investigation at Whitmer.

On the transfer affidavit she submitted in March, Ms. Alexander said she changed residences from Holland to an apartment in Toledo because she and her husband were having marriage difficulties. She also said she's the lone guardian of LeRoy, which OHSAA said was not true and in turn cited that falsified transfer document in ruling her son ineligible. Their appeal was denied by an 8-0 vote in June.

In the judgment in which he granted Alexander a preliminary injunction on Aug. 26, Lucas County Common Pleas Judge Frederick H. McDonald asserted that the questions on the affidavit form were ambiguous.

OHSAA apparently agreed because it was in the process of changing the wording on its transfer form at the time of Alexander enrolling at Whitmer. McDonald pointed out Ms. Alexander answered truthfully on similar but less ambiguous forms mandated by Whitmer and that OHSAA "overemphasized" hearsay evidence when rendering its ruling. In turn, McDonald called for a de novo hearing, meaning he examined facts produced by OHSAA rather than simply ruling on the legality and fairness of its decision.

"Most significantly, the [OHSAA] failed to make any findings of fact," McDonald wrote. "Its opinion consisted of a one sentence statement. There is no way for a reviewing court to assess the underlying factual determinations that led to the [OHSAA's] decision."

With that statement a precedent may have been hatched to diminish the ruling power of OHSAA and in turn pave the way for expensive and drawn out legal standoffs. McDonald declined further comment when reached by The Blade, citing the ongoing case.

Another precedent may have been set by McDonald's de novo hearing.

Mohler responded to McDonald's decision, offering that "for the first time not only in the history of this case but in the history of the OHSAA since 1962, an athletic eligibility case would be tried before a judge as if it were a case of first impression with the evidence that was produced at that trial -- and not at any of the previous proceedings before the OHSAA -- would be evaluated by the judge for its weight, credibility, and persuasiveness."

On Oct. 31, the 6th District Court of Appeals denied OHSAA's stay request, which would have relegated Alexander to the sidelines pending the outcome of the case. Around that time, a Nov. 16 court hearing for Alexander to seek a permanent injunction was canceled.

If the appeals court ultimately determines Alexander should've been ineligible, it's unclear whether Whitmer will be forced to forfeit victories in which he participated.

"We are not prepared to respond to this matter at this time," OHSAA said.

OHSAA said its investigation at Whitmer "is nearly complete." It previously indicated it has discovered concerns about the legitimacy of some transfer athletes at the school from previous years.

OHSAA would not say if it believes McDonald's preliminary injunction ruling compromised the integrity and effectiveness of its transfer bylaw but "this issue will be addressed in our brief which will become a matter of public record once that brief is filed." A Friday deadline was set for that brief to be submitted, but OHSAA was granted an extension until Dec. 30.

If successful, Alexander's win could change the way transfers are handled in high school sports in Ohio.

Contact Ryan Autullo at: rautullo@theblade.com, 419-724-6160, or on Twitter @RyanAutullo.