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Judge dismisses one of three lawsuits filed by suspended Athens High School football players
By: David Forster
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ATHENS, Ohio (WOUB) — A judge has dismissed one of three lawsuits filed by Athens High School football players challenging their suspensions from the team.
Athens County Judge George McCarthy wrote in his decision Thursday that school disciplinary actions involving extracurricular activities cannot be challenged in court.
This is the argument the Athens school district raised based on a state appeals court decision years ago. The court in that case said students can appeal disciplinary actions regarding their education but the school has the final say when it comes to sanctions involving extracurricular activities.
The judges in the other two Athens cases are expected to issue decisions on the same issue any day now.
The students in all three cases argued their suspensions jeopardized their ability to get college athletic scholarships and to profit off their name, image and likeness once they got to college.
The case McCarthy was overseeing involved a senior with the initials I.R., who is a minor so his full name is not used in court documents.
I.R. and the other two suspended players — starting quarterback Braeden Young and Joshua Peterson, both seniors — filed motions asking the judges in their cases to order the school to put them back on the team while their cases moved through the court process.
McCarthy granted I.R.’s request right away, but only for a two-week period to allow time for a full hearing on the motion. On the day of the hearing, it was agreed the judge would first determine whether students even have a right to appeal suspensions involving extracurricular activities.
The same thing happened at the hearing on Young’s motion. In the meantime, he was not allowed to return to the team. The judge in Peterson’s case denied his motion without a hearing.
WOUB reached out to I.R.’s attorney, Bob Toy, for comment on McCarthy’s decision to dismiss the case but did not receive a response by the time this story was published. Toy is also representing Young.