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Judges say Athens High School football players have no right to appeal their suspensions from the team
By: David Forster
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ATHENS, Ohio (WOUB) — Lawsuits filed by three Athens High School football players who challenged their suspensions from the team have been dismissed.
Two of the students were suspended for drug-related offenses and the third for crimes he admitted to in juvenile court.
The students argued in their lawsuits that 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 Athens school district countered that it has the final say when it comes to suspensions involving extracurricular activities. The district cited a state appellate court decision in another case that drew this conclusion.
In that decision, the appeals court noted that students do have the right under state law to appeal a suspension or expulsion from school. This used to include extracurricular activities, but in the late 1990s the law was amended to exclude them.
Also in the 1990s, a state law was passed allowing school boards to adopt policies prohibiting students from participating in extracurricular activities. The appeals court noted in its decision that this law provides no right of appeal.
One of the judges in the Athens cases also cited a decision by a federal appeals court noting that students have no constitutional right to participate in sports.
Because the cases of the three Athens High School football players were dismissed on procedural grounds, the judges did not address the argument that actions taken by schools can jeopardize the potential earnings of student athletes who hope to profit off their brand.