Official Minutes of the
Florida High School Athletic Association
and Florida High School Athletic Association's Land Corporation
Board of Directors
Sunday & Monday, Jan. 27-28, 2008
Robert W. Hughes FHSAA Building
Gainesville, Florida
NOTE: These minutes are not official until approved by the Board of Directors at its Jan. 28, 2008 meeting.
MINUTES OF THE
FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION AND
FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION’S LAND CORPORATION
BOARD OF DIRECTORS
Robert W. Hughes FHSAA Building
Gainesville, Florida
Sunday & Monday, November 18-19, 2007
Sunday, November 18, 2007 Appellate Hearings
Board Members Present:
Roger Dearing, Superintendent, Manatee County Public Schools, Bradenton
Richard Finlayson, Principal, Aucilla Christian School, Monticello (President-Elect)
Eric Hinson, School Board Member, Gadsden County School Board, Quincy
Dave Horner, Athletic Director, Forest High School, Ocala
Jeff Malloy, Athletic Director, Oak Hall School, Gainesville (President)
Ernie Modugno, Athletic Director, Naples High School
Marcos Moran, Representative-At-Large, Miami
Daniel Sims, Superintendent, Jackson County Public Schools, Marianna
Pamela Stewart, Deputy Chancellor for K-12 Educator Quality, Florida DOE, Tallahassee
Keith Summers, Principal, Blountstown Middle School
Greg Zornes, Assistant Principal, Largo High School
Board Members Absent:
Charles Bethel, Representative-At-Large, Miami
Bob Cotter, Athletic Director, Clearwater Central Catholic High School
Tom Greer, School Board Member, Osceola County School Board, St. Cloud
Chris McKeon, Principal, Columbus High School, Miami
Dalton Sheffield, Representative-At-Large, Crestview
Also in Attendance:
John A. Stewart, FHSAA Executive Director and Commissioner/Chief Executive Officer
Cristina M. Alvarez, FHSAA Director of Membership Services, recording secretary
Samuel A. “Sonny” Hester, FHSAA Senior Associate Executive Director/Chief Administrative Officer
Jamie C. Rohrer, FHSAA Director of Athletics
M. Denarvise Thornton, FHSAA Associate Executive Director for Athletic Administration
Shanell Young, FHSAA Director of Athletics
Leonard E. Ireland Jr., FHSAA General Counsel
Official Minutes
FHSAA Board of Directors
November 18-19, 2007
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1. Call to Order. The meeting was called to order at 1:01 p.m. by the chair, President Finlayson, who also led the Pledge of Allegiance to the U.S. flag. Members were present as noted above.
2. Welcome and announcements. Finlayson welcomed Board members to the meeting.
3. Overview of the Appellate Process. Finlayson and general counsel Ireland gave Board members an overview of the appellate process and how the hearings will proceed.
4. Appeals. The Board of Directors heard nine appeals with the following results:
A. Miramar High School appealed the decision of the Executive Director to fine the school $5,350 and place its football program on administrative probation for the remainder of the 2007-08 school year and the entire 2008-09 school year. MOTION by Sims, SECOND by Horner to deny the appeal and uphold the decision of the Executive Director. CARRIED.
B. The Rock School (Gainesville) appealed the decision of the Executive Director to fine the school $10,000 and place its athletic program on restrictive probation for a period of one year and administrative probation for a period of two years. Board member Malloy recused himself from voting on the appeal. MOTION by Dearing, SECOND by Sims to deny the appeal and uphold the decision of the Executive Director. CARRIED.
C. The Executive Director requested that the Board of Directors review the decision of the Section 1 Appeals Committee to grant the hardship eligibility request for the benefit of Blountstown High School student Erik Anderson. Board member Summers recused himself from voting on the appeal. MOTION by Dearing, SECOND by Moran to reverse the decision of the Section 1 Appeals Committee that granted the student eligibility. CARRIED.
D. The Executive Director requested that the Board of Directors review the decision of the Section 2 Appeals Committee to waive the $500 fine for violation of Bylaw 11.8.1 for the benefit of P.K. Yonge Development Research School (Gainesville). Board member Malloy recused himself from voting on the appeal. MOTION by Zornes, SECOND by Dearing to reverse the decision of the Section 2 Appeals Committee that waived the fine. CARRIED.
E. Alonso High School (Tampa) appealed the decision of the Executive Director to fine the school $1,100 and place its football program on restrictive probation for the remainder of the 2007-08 school year and the entire 2008-09 school year. WITHDRAWN.
F. The Executive Director requested that the Board of Directors review the membership status of Hales Academy for Higher Learning (Tamarac). MOTION by Dearing, SECOND by Hinson to expel the school from membership in the Association for the 2007-08 school year. CARRIED.
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FHSAA Board of Directors
November 18-19, 2007
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G. Englewood High School (Jacksonville) appealed the decision of the Section 1 Appeals Committee to deny the hardship eligibility request for the benefit of student Joseph Maloy. MOTION by Moran, SECOND by Hinson to approve the appeal and overturn the decision of the Section 1 Appeals Committee. FAILED. MOTION by Modugno, SECOND by Dearing to deny the appeal and uphold the decision of the Section 1 Appeals Committee. CARRIED.
H. Gateway Charter High School (Fort Myers) appealed the decision of the Executive Director to fine the school $5,000 and place its football program on restrictive probation for the remainder of the 2007-08 school year and the entire 2008-09 school year. Board member Modugno recused himself from voting on the appeal. MOTION by Sims, SECOND by Horner to deny the appeal and uphold the decision of the Executive Director. CARRIED.
I. Largo High School appealed the decision of the Section 3 Appeals Committee to deny the hardship eligibility request for the benefit of student Lashae Renea Bynum. Board member Zornes recused himself from voting on the appeal. MOTION by Modnugo, SECOND by Hinson to approve the appeal and overturn the decision of the Section 3 Appeals Committee. CARRIED.
7. Adjournment. There being no further appeals to be considered by the Board the meeting was adjourned at 3:55 p.m.
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FHSAA Board of Directors
November 18-19, 2007
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Monday, November 19, 2007 Business Meeting
Board Members Present:
Richard Finlayson, Principal, Aucilla Christian School, Monticello (President-Elect)
Roger Dearing, Superintendent, Manatee County Public Schools, Bradenton
Dave Horner, Athletic Director, Forest High School, Ocala
Jeff Malloy, Athletic Director, Oak Hall School, Gainesville (President)
Ernie Modugno, Athletic Director, Naples High School
Daniel Sims, Superintendent, Jackson County Public Schools, Marianna
Pamela Stewart, Deputy Chancellor for K-12 Educator Quality, Florida DOE, Tallahassee
Keith Summers, Principal, Blountstown Middle School
Greg Zornes, Assistant Principal, Largo High School
Board Members Absent:
Charles Bethel, Representative-At-Large, Miami
Bob Cotter, Athletic Director, Clearwater Central Catholic High School
Tom Greer, School Board Member, Osceola County School Board, St. Cloud
Eric Hinson, School Board Member, Gadsden County School Board, Quincy
Chris McKeon, Principal, Columbus High School, Miami
Marcos Moran, Representative-At-Large, Miami
Dalton Sheffield, Representative-At-Large, Crestview
Also in Attendance:
John A. Stewart, FHSAA Executive Director and Commissioner/Chief Executive Officer
Cristina M. Alvarez, FHSAA Director of Membership Services, recording secretary
Roberta L. Elkins, FHSAA Chief Financial Officer
Tamara J. Forrester, FHSAA Director of Athletics
Robert K. Hernberger Jr., FHSAA Director of Media Relations
Michael J. Herchel, FHSAA Network Administrator
Samuel A. “Sonny” Hester, FHSAA Senior Associate Executive Director/Chief Administrative Officer
Paul K. McLaughlin, FHSAA Assistant Executive Director for Educational Services
Gary V. Pigott, FHSAA Senior Director of Athletics
Laurel M. Ring, FHSAA Director of Special Programs
Jamie C. Rohrer, FHSAA Director of Athletics
Sedeirdra L. Smith, FHSAA Assistant Director of Eligibility
M. Denarvise Thornton, FHSAA Associate Executive Director for Athletic Administration
Jack E. Watford, FHSAA Associate Executive Director/Chief Operating Officer
Shanell L. Young, FHSAA Director of Athletics
Leonard E. Ireland Jr., FHSAA General Counsel
Official Minutes
FHSAA Board of Directors
November 18-19, 2007
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1. Call to Order. The meeting was called to order at 9:05 a.m. by the chair, President Finlayson, who also led the Pledge of Allegiance to the U.S. flag. All members were present as noted above.
2. Welcome and Announcements. President Finlayson welcomed Board members and noted the absence of Board members Bethel, Cotter, Greer, Hinson, McKeon, Moran and Sheffield.
3. Adoption of Agenda. MOTION by Malloy, SECOND by Dearing to adopt the agenda for the meeting as printed. CARRIED.
4. Approval of Previous Minutes. MOTION by Dearing, SECOND by Horner to approve the minutes of the September 23-24, 2007 meeting as published. CARRIED.
5. Report of the President. President Finlayson began his report by updating Board members on the status of Executive Director Stewart’s contract amendments. He re-emphasized the importance of positive sportsmanship and the issue’s continued relevance. He asked that everyone continue to pray for Directory of Eligibility Brunson and her health. Finlayson closed his report by offering his gratitude for the previous night’s dinner and hospitality.
6. Report of the Executive Director. Executive Director Stewart began his report by presenting as information a letter from the Commissioner of Education accepting competitive cheerleading for Title IX gender equity reporting purposes. Stewart closed his report by updating Board members on the status of the steroid testing program.
7 Report of the Executive Director Selection Committee. Finlayson recognized committee member Dearing, who presented the following report:
A. MOTION by Dearing, SECOND by Zornes to approve the recommended applicant rating system as presented. Board member Malloy recused himself from voting on the recommendation. CARRIED.
8. Report of the Finance Committee. Finlayson recognized committee member Zornes who presented the following report:
A. Comptroller Elkins presented the FHSAA financial statements for the period ending September 30, 2007. MOTION by Zornes, SECOND by Dearing to approve the FHSAA financial statements as presented. CARRIED.
General counsel Ireland noted that the Board is sitting as the FHSAA Land Corporation Board of Directors for item B.
B. Elkins presented the Land Corporation financial statements for the period ending September 30, 2007. MOTION by Zornes, SECOND by Dearing to approve the Land Corporation financial statements as presented. CARRIED.
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FHSAA Board of Directors
November 18-19, 2007
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C. Elkins presented for discussion a recommendation to amend the FHSAA maternity leave policy to clarify that a return doctor’s certification is required in as in other medical leaves of over 5 consecutive days and that the employee will continue to accrue leave while out as every other employee does when out on medical leave. Staff will continue to research the issue and present a final recommendation for approval at the board’s January meeting.
9. Report of the Governance Committee. Finlayson recognized committee chair Sims who presented the following report:
A. MOTION by Sims, SECOND by Summers to approve as presented the recommended “Policy on Enforcement” to establish guidelines and procedures for FHSAA enforcement program, and to create a new Infractions Appeals Committee to hear appeals of schools challenging findings of violations and penalties imposed. CARRIED.
B. MOTION by Modnugno, SECOND by Horner to table an amendment to the “Policy on Athletic Recruiting” to clarify that the FHSAA Office will review and determine the legitimacy of financial assistance programs that are not needs-based as they pertain to the eligibility of student-athletes. CARRIED.
C. Associate Executive Director Watford reviewed proposals to amend FHSAA Bylaws being submitted for consideration of the Representative Assembly at its January 14-15, 2008 meeting.
D. MOTION by Sims, SECOND by Dearing to approve the appointment of Jay Stewart, athletic director of Fort Pierce Central High School, to fill the vacant public school representative seat on the Section 3 Appeals Committee. CARRIED.
E. MOTION by Sims, SECOND by Summers to approve the Commissioner’s recommended appointments to fill vacant seats on the 2008 Representative Assembly: Section 1, Division 2 Public, Tim Jennings, athletic director, Mosley (Lynn Haven); Section 1, Division 4 Public, Reggie Davis, athletic director, Godby (Tallahassee); Section 1, Division 6 Public, Melody Coggin, athletic director, Baker County (Glen St. Mary); Section 1, Divisions 7-8 Private, Ron Pompeo, athletic director, Providence (Jacksonville); Section 2, Division 16 Public, Bry Rankin, athletic director, Edgewater (Orlando); Section 2, Divisions 13-14 Private, Kasey Kesselring, headmaster, Montverde; Section 3, Division 17 Public, Wayne McKnight, assistant principal, Tarpon Springs; Section 3, Division 20 Public, Clyde Metcalf, athletic director, Sarasota; Section 3, Divisions 17-18 Private, Phil Farver, athletic director, Indian Rocks Christian (Largo); Section 3, Divisions 21-22 Private, Gladstone Coke, athletic director, Vanguard (Lake Wales); Section 4, Division 25 Public, Carl Burnside, principal, Dunbar (Fort Myers); Section 4, Division 26 Public, Rob Long, athletic director, Jupiter; Section 4, Division 29 Public, Don Reed, athletic director, Miramar; Section 4, Division 31 Public, Gregory Bethune, assistant principal, Miami Jackson; Section 4, Division 32 Public, Pete Hertler, athletic director, Miami Killian; Section 4, Divisions 27-28 Private, David Ahern, athletic
Official Minutes
FHSAA Board of Directors
November 18-19, 2007
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director, St. Andrew’s (Boca Raton); and Section 4, Divisions 25-32 Middle School, Maia Shaffer, athletic director, Hillel (Boca Raton). CARRIE.D.
10. Report of the Operations Committee. Finlayson recognized committee chair Malloy who presented the following report:
A. MOTION by Malloy, SECOND by Horner to approve the following officiating fees for lacrosse: regular season varsity game with two officials, $53; regular season varsity game with three officials, $48; regular season junior varsity game with two officials, $45; district tournament game, $56; FHSAA Finals first or second round play-in game, $60; and FHSAA Finals state tournament game, $65. CARRIE.D.
B. MOTION by Malloy, SECOND by Horner to approve a recommendation to end the invitational state fall soccer series if 48 schools do not commit to participate in the event, but continue recognition status as long as the requisite number of schools sponsors a fall soccer program. CARRIE.D.
C. Assistant Executive Director Thornton presented for discussion a proposal from Don Bridges, athletic director for Polk County Schools, to permit schools to schedule an 11th football game if it is against a newly opening public school in the second year of the two-year scheduling cycle.
D. Thornton withdrew from discussion a proposed amendment to the “Policy on Unsportsmanlike Conduct,” that would clarify that a student-athlete and coach who is found to have committed an unsporting act is to be penalized regardless of whether the unsporting act resulted in his or her disqualification (ejection) from a contest, and establish guidelines for appealing unsporting conduct findings and penalties.
E. Thornton presented for discussion an item about possible disciplinary action that may be taken against schools whose teams leave the bench areas to participate in brawls.
11. Report of the Infractions Appeals Committee Nominating Committee. Finlayson presented the following report:
A. MOTION by Modugno, SECOND by Summers to approve the following nominations to the newly created Infractions Appeals Committee: Dudley Goodlette, attorney, Naples, chair; Norm Ross, deputy superintendent, Escambia County Public Schools, Pensacola; Dr. Shaun Storch, principal, Lake Howell High School (Winter Park); Brother Angelo Palmieri, FMS, superintendent of secondary schools, Archdiocese of Miami; and Bill Jablon, principal, Maclay School (Tallahassee). CARRIE.D.
12. Executive Director Stewart presented for discussion an item relative to providing FHSAA publications and NFHS rules books to member schools every other year instead of yearly.
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FHSAA Board of Directors
November 18-19, 2007
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13. Executive Director Stewart presented for discussion an item relative to the “mandatory forfeiture rule,” which requires a school to forfeit victories from all contests in which an ineligible student-athlete participates regardless of whether such participation was accidental or had little or no impact on the outcome of the contest.
14. General counsel Ireland reported on lawsuits in which the Association is involved.
15. Comments and requests from members of the Board of Directors.
Several Board members offered their gratitude for the previous night’s dinner and hospitality, and shared their appreciation of staff’s efforts after having attended FHSAA fall championship events. Summers shared thoughts relative to issues concerning public and private schools. Horner thanked staff for their support of the Florida Athletic Coaches Association, and those planning to speak at its January 10-11, 2008 meeting at the Daytona Beach Hilton. Dearing asked staff to look at the possibility of moving the November board meeting off Thanksgiving week. Stewart reiterated the necessity of ensuring the rights and responsibilities of competitive cheerleading to answer critics of the sport’s acceptance by the Commissioner of Education for Title IX gender equity reporting purposes.
16. Schedule of upcoming meetings of the Board of Directors.
Stewart reminded Board members that the next meeting of the Board of Directors will take place at 9 a.m. Monday, January 28, 2008 at the Robert W. Hughes FHSAA Building in Gainesville. Appeals and committee meetings will be held on Sunday, January 27, beginning at 1 p.m. at the same location. He also reminded Board members that the meeting schedule for the remainder of the 2007-08 school year is as follows: April 6-7, 2008, at the Robert W. Hughes FHSAA Building in Gainesville; and June 12-13, 2008 at the Sea Turtle Inn in Jacksonville Beach.
17. Adjournment.
With no further business to come before the Board of Directors, the meeting was adjourned at 11:30 a.m.