NEBRASKA SCHOOL ACTIVITIES ASSOCIATION
OFFICIAL MINUTES OF THE BOARD OF DIRECTORS
The Board of Directors met May 21, 2015, at the Regency Marriot, Omaha, Nebraska, with members present
as follows.
District I
-- Mark Norvell, Fillmore Central
District I
-- Wendy Henrichs, Lincoln East
District II -- Dr. Bob Reznicek, Boys Town
District II -- Nolan Beyer, Millard Public Schools
District III -- Jay Bellar, Battle Creek
District IV -- Dr. Brian Maher, Kearney Public Schools
District V -- Alan Garey, Medicine Valley
District VI -- Dr. Troy Unzicker, Alliance
Also in attendance was Rex Schultze, NSAA Legal Counsel; Julia Plucker, NSAA Lobbyist; Dan Keyser,
Sutherland; Bill Fitzgerald, Activities Director, Fremont High School; Darrin Max, Principal/Activities Director,
Anselmo-Merna Public Schools; Jason Ryan, Activities Director, Papillion-La Vista; Kelly Blair; Hunter Blair;
Alexander Blair; Andrew Klaus; Irene Braun; Dr. Deb Anderson, Project Harmony; Rick Whitworth, Attorney;
Shane Arndt; Jared Ertz; Michael Watson; Jack Noble; Ean Sawtille; Braxton Foayonga; Alex Atkinson; Noah
Bell; Adam Atkinson; Naomi Cunningham; Kelly Clausen, NHSOA.
Chairman Brian Maher called the meeting to order at 12:05 p.m.
1. It was moved by Wendy Henrichs, seconded by Bob Reznicek to approve the Consent Agenda as
presented. Items in the Consent Agenda included approval of the following: the meeting agenda as
presented; minutes of the April 9, 2015, regular meeting; the minutes of the April 10, 2015 Representative
Assembly; the minutes of the April 14, 2015 Advisory Committee on Play Production; financial statements;
new cooperative sponsorship for Southern and Diller-Odell for Boys Golf; Centura and Elba for Boys Cross
Country, Girls Cross Country, and Wrestling; Sargent and Loup County for Wrestling; Hayes Center and
Maywood for Volleyball, Boys Cross Country, Girls Cross Country, Girls Golf, Boys Basketball, Girls
Basketball, Boys Track & Field, Girls Track & Field, and Boys Golf; Elgin and Pope John for Instrumental
Music; Pender and Bancroft-Rosalie for Girls Golf; Ansley and Litchfield for Boys Cross Country and Girls
Cross Country; cooperative sponsorship renewals for Grand Island, Grand Island Central Catholic,
Northwest and St. Paul for Boys Swimming and Girls Swimming; South Sioux City and Ponca for Softball;
Blue Hill and Red Cloud for Boys Cross Country, Girls Cross Country, and Wrestling; Omaha Concordia,
Omaha Brownell-Talbot and Omaha Christian Academy for Baseball; Eustis-Farnam and Medicine Valley
for Boys Cross Country and Girls Cross Country; Madison, Humphrey and Lindsay Holy Family for Softball;
Clarkson and Leigh for Football, Volleyball, Boys Basketball, Girls Basketball, Boys Track & Field, Girls
Track & Field and Boys Golf; Wayne and Wakefield for Baseball; Restructure of Current Cooperative
Sponsorship for the following schools: Removal of Bancroft-Rosalie from the Wisner-Pilger and LyonsDecatur Northeast Softball cooperative. Motion Carried, 8-0.
2. It was moved by Nolan Beyer, seconded by Bob Reznicek , to approve Creighton University’s hosting bid
for the Girls and Boys State Soccer Championships for five years; school year 2015-16 through 20192020. Motion Carried, 8-0.
3. It was moved by Mark Norvell, seconded by Wendy Henrichs, to approve Woods Tennis Center as the
host site for the NSAA Boys & Girls Class B State Tennis Championships for two years; 2015-15 through
the 2016-17school year. Motion Carried, 8-0.
4. It was moved by Alan Garey, seconded by Jay Bellar, to approve the Ratification of Bylaw 1.10. Motion
Carried, 8-0.
5. It was moved by Bob Reznicek, seconded by Nolan Beyer, to approve the 2015-16 and 2016-17 NSAA
Calendars. Motion Carried, 8-0.
6. It was moved by Alan Garey, seconded by Wendy Henrichs, to approve NSAA Policy Assessments,
Approved Ruling 2.11. Motion Carried, 8-0.
7. It was moved by Nolan Beyer, seconded by Wendy Henrichs, to approve the NHSOA Championship
Official’s Pass (COP card). Motion Carried, 8-0.
8. It was moved by Troy Unziker, seconded by Bob Reznicek, to approve the presented Drone Policy.
Motion Carried, 8-0.
9. It was moved by Bob Reznicek, seconded by Mark Norvell , to approve the 6-man football cooperative
between Hayes Center and Maywood for the 2015-2016 school year as it does not have an impact on
other NSAA administrated Football divisions/schedules. Motion Carried, 8-0.
10. It was moved by Jay Bellar, seconded by Nolan Beyer, to enter Executive Session at 2:34 p.m.
Motion Carried, 8-0.
11. The Board came out of Executive Session at 3:13 p.m.
12. Fremont High School (Bill Fitzgerald) appeared before Board to request a December Moratorium Waiver to
allow the Fremont Girls Basketball Team to participate in the NIKE Tournament of Champions scheduled
for December 18-22, 2015 with a travel date of December 17, 2015. It was moved by Mark Norvell,
seconded by Bob Reznicek, to allow Fremont High School to hold their moratorium for all activities from
December 24-28, 2015. Motion Carried, 8-0.
13. It was moved by Wendy Henrichs, seconded by Brian Maher to extend the Executive Director’s contract for
the 2016-17 school year. Motion Fails, 3 For (Henrichs, Garey, Maher), 5 Against (Norvell, Reznicek,
Beyer, Bellar, Unziker)
14. Papillion-La Vista appeared before the Board to request a Semester Ruling Appeal. It was moved by Brian
Maher, seconded by Wendy Henrichs to Approve the Findings and Determinationsas attached below.
Motion Carried, 8-0.
15. Anselmo-Merna (Darrin Max) appeared before the Board to request a Deadline Waiver for the May 1st
Transfer List. It was moved by Alan Garey, seconded by Jay Bellar, to approve the request for a Deadline
Waiver of the May 1st Transfer List with an imposed fine of $250. Motion Carried, 8-0.
There being no further business, the meeting adjourned at 3:55 p.m.
The next meeting of the Board of Directors is scheduled for August 19, 2015, at the Association Office in
Lincoln, NE.
Sarah Sasse-Kildow, Assistant Director
BEFORE THE BOARD OF DIRECTORS OF THE
NEBRASKA SCHOOL ACTIVITIES ASSOCIATION
In the Matter of the Eligibility of Hunter Blair
FINDINGS AND DETERMINATIONS
May 21, 2015
This matter comes before the Board of Control on a request for rehearing (Exhibit 1) submitted by PapillionLaVista High School (“Papillion-LaVista”) on behalf of Hunter Blair regarding the decision of the Executive
Director on the matter of his ineligibility under Bylaw 2.2.2.
On May 21, 2015, a hearing was held before the Board of Directors, appealing the Executive Director’s ruling.
Evidence
The evidence considered included the documents provided with the hardship waiver application and the
testimony received at the hearing on May 21, 2015, attached hereto and incorporated in these findings and
determinations by this reference; provided that Board of Directors specifically finds that it did not consider any
documents submitted to the NSAA by the parents of Hunter Blair subject to the “Order to Seal Juvenile
Records” issued by Judge Steven B. Timm on March 21, 2014, such documents consisting of Exhibits 3 through
8 in the submitted materials, and that all such records received from the parents of Hunter Blair will be
destroyed.
Applicable Rules
NSAA Constitution--1.1.2
The purposes of the Nebraska School Activities Association (NSAA) are set forth in the initial provisions of the
NSAA Constitution as follows:
NSAA Constitution--1.1.2
The public and non-public high schools of Nebraska voluntarily agreed to form the Nebraska School
Activities Association for the following purposes:
a.
to formulate and make policies to promote high ideals of citizenship, fair competition,
sportsmanship and teamwork which will complement the member schools’ curriculum programs.
b.
to foster uniformity of standards in interscholastic activity competition.
c.
to organize, develop, direct and regulate an interscholastic activity program which is equitable
and will guide and promote the health and physical welfare of all participants.
By-Law 2.2.2
Semester Limitation. A student shall become ineligible after eight semesters of school membership beginning
with his/her initial enrollment in grade nine.
APPROVED RULINGS AND INTERPRETATIONS FOR SECTION 2.2.2
Students who have become ineligible because of excessive semesters of membership or because of excessive
seasons of participation in a particular sport are ineligible for interscholastic contests including the non-varsity
competition.
Membership by a student in a school not a member of the Association counts against the student when that
school subsequently becomes a member or when the student transfers to a member school.
2.2.2.1 Membership in any school or schools for thirty or more school days during a semester is considered a
semester of school membership.
2.2.2.2 The records of the school or schools in which the student was a member shall be used to determine the
total number of days of school membership.2.2.2.3 Semesters are not charged consecutively. If a student is not
enrolled in school, the student is not charged with a semester of membership. When he or she re-enrolls in
school, however, it takes one semester, for which the student is charged, to regain eligibility.
2.2.3 Season Limitations. No student shall be permitted to participate in more than four seasons of any one
activity at the high school level. After initial enrollment in grade ten, no student shall be permitted to participate
in more than three seasons of any one activity. Competing in any part of an interscholastic contest shall count as
a season of participation in that activity.
APPROVED RULINGS AND INTERPRETATIONS FOR SECTION 2.2.3
Participation by a student in a high school interschool contest shall count as a semester of membership as well
as a season of participation.
NSAA Constitution (Hardship Waivers)
1.6.2.1 The Executive Director shall have the authority to make specific exceptions to the student eligibility
rules provided such exceptions are based upon hardship conditions which are deemed to have contributed in a
significant way to non-compliance with a specific rule(s).
a. The procedure for requesting waivers on the basis of a hardship is given in the Due Process Procedure,
Paragraph 1.10.3.
1.10.3.11 The following shall be considered by the Executive Director or the Board of Directors in determining
if a hardship waiver is to be granted:
a. There must be unique conditions existing that concern the student’s educational, physical, or
emotional status which were caused by circumstances beyond the control of the student and his/her parents or
legal guardian.
b. The circumstances must be totally different from those that exist for the majority of students who are
confronted with similar situations and choices. Usual maturation problems and family situations that do not
cause physical harm do not constitute a hardship.
c. There must be no reason to believe that non-compliance with the rule requested to be waived was for
activity participation purposes.
d. Academic deficiencies in a school’s curriculum or deficiencies in the school’s co-curricular activities
do not constitute a hardship.
e. Loss of eligibility in itself is not to be considered a hardship. Only the circumstances causing the
ineligibility will be a basis upon which a waiver is granted.
Findings of Fact
In judging the credibility and the weight to be given to the evidence the Board has considered the following:
1.
2.
3.
4.
5.
6.
7.
8.
The conduct and demeanor of the witness while testifying;
The sources of information, including the opportunity for seeing or knowing the things about
which the witness testified;
The ability of the witness to remember and to communicate accurately;
The reasonableness or unreasonableness of the testimony of the witness;
The self-interest or lack of self-interest of the witness in the result of this case;
The apparent fairness or bias of the witness, or the witness's relationship to the parties in this
matter;
Any previous statement or conduct of the witness that is consistent or inconsistent with the
testimony of the witness at this hearing; and,
Any other evidence provided at the hearing that affects the credibility of the witness or that tends
to support or contradict the testimony of the witness or other evidence.
Based on the foregoing standards, the Board of Control makes the following findings of fact.
1.
Findings Regarding Eligibility of Hunter Blair under Bylaw 2.7.8.1:
a.
Hunter Blair resides with his parents at his parents’ domicile in the Papillion-LaVista Public
Schools, Omaha, Nebraska. Hunter was enrolled in Papillion-LaVista South High School, a member school of
the NSAA, in December 2012, and anticipates graduating in May of 2016.
b.
Hunter Blair, formerly Hunter Klaus, enrolled in Beatrice High School, Beatrice, Nebraska on
August 5, 2011 and remained so enrolled until December 4, 2012; and, Hunter was enrolled in PapillionLaVista High School beginning December 10, 2012 and continuing through the date of the hearing, May 21,
2015.
c. Hunter Blair has been enrolled in high school for eight continuous semesters beginning with the 20112012 school year through the 2014-2015 school year; and, as such Hunter Blair was ruled by the Executive
Director to be ineligible after completion of eight semesters of school membership at the end of the second
semester of the 2014-2015 school year.
2.
Application of Transfer Rule to Hunter Blair. The objective of the eight semester rule, which provides
that a student's eligibility begins to run for eight consecutive semesters once an individual has been enrolled in
high school, ensure that the student's educational performance should reflect minimum progress towards
that objective, and ensure fair competition between schools and between individual students. As students
grow older they become bigger, quicker and stronger, which translates into an athletic advantage. Rules such as
the eight semester rule allow for safety of competition between competing students and allow for fair
competition between students in the same school vying for a particular spot on a particular team.1 Further,
through the application of the eight semester rule participation in athletics is an incentive to the achievement of
that minimum standard of academic performance.2
3.
1
Hardship Determination for Hunter Blair.
Jones v. California Interscholastic Federation, 197 Cal. App. 3d 751, 758 (Cal. Ct. App. 1988); Baisden v. W. Va. Secondary Schs.
Activities Comm'n, 211 W. Va. 725, 732, 568 S. E. 2d 32, 39 (W. Va. 2002); Grabow v. Montana High School Assoc., 1999 Mont.
Dist. LEXIS 442 (Mont. Dist. 1999).
2
Bingham v. Oregon Sch. Activities Ass'n, 37 F. Supp. 2d 1189, 1197 (Oregon, 1999).
The Board of Directors recognizes and applauds the remarkable progress that Hunter has made since being
adopted by the Blair family. The personal will and courage displayed by Hunter, and the sacrifice and nurturing
of Mr. and Mrs. Blair are remarkable and is to be commended. The circumstances of Hunter’s home life during
the 2011-2012 school year (Hunter’s freshman year) were severely dysfunctional, resulting in Hunter not having
the emotional or physical support to enable Hunter to effectively participate in his education. Hunter’s
circumstances during the 2011-2012 school year present unique conditions existing that concern the Hunter’s
educational, physical, or emotional status which were caused by circumstances beyond the control of the
Hunter; Hunter’s parents were either engaged in criminal activity or imprisoned, and were the cause of Hunter’s
inability to become engaged in his education, let alone activities. Hunter’s circumstances are totally different
from those that exist for the majority of students who are confronted with similar situations and choices. On the
basis of the foregoing the Board of Directors finds Hunter’s circumstances constitute a hardship, and by reason
of such circumstances the 2011-2012 school and activity year shall not be deemed his initial year of eligibility,
that Hunter’s initial year of eligibility shall be the 2012-2013 school and activity year, and that Hunter’s eight
consecutive years of eligibility shall be the 2012-2013 school and activity year through the 2015-2016 school
and activity year.
Determination
Based upon the evidence and the foregoing Findings, the Board of Directors finds and determines that a
hardship waiver should be granted to permit Hunter Blair to participate in NSAA activities at the varsity level
for the 2015-2016 school year, that the Executive Director’s determination of ineligibility is reversed, and
Hunter Blair is hereby found to be eligible for such activities.
It was moved by Board Member Maher, seconded by Board Member Henrichs, to adopt these Findings of Fact
and Determination.
Voting Aye: Henrichs, Norvel, Reznicek, Beyer, Bellar, Garey, Maher, Unzicker, Reznicek, Beyer.
Voting Nay: None.
The foregoing Findings and Determination, having been consented to by a majority of the members of the Board
of Directors, are declared to be passed and adopted at a duly held and lawfully convened meeting.
Dated this 21st day of May, 2015.
By: ________________________________________
Dr. Brian Maher, Chairperson
NSAA Board of Directors