Skip to main content
Official State of Iowa Website Here is how you know
Decision Number
81
Book
19
Month
October
Year
2000
In RE
Scott Perkins
Appellant
Scott Perkins
Appellee
Iowa High School Athletic Association
Full Text
Summary

Scott Perkins was an 18-year-old senior attending high school in the Adel-Desoto-Minburn Community School District ["ADM"]. He reached the age of majority on June 2, 2000. Scott lived in an apartment in Adel, Iowa. Scott's parents, Dave and Pam Perkins, resided in Dallas Center with Scott's younger brother and sister. During his freshman year, Scott violated DCG's good conduct policy by smoking a cigarette. He served an athletic suspension under DCG's good conduct policy. During his junior year, Scott again violated DCG's good conduct policy by attending a party where alcohol was being served and where he consumed alcohol. He served another athletic suspension under DCG's good conduct policy. On June 23, 2000, Scott was arrested and charged in Dallas County with possession of marijuana.

The DCG Principal found that Scott had violated its good conduct policy for the third time, which carried a one-year suspension from competing in athletics at DCG. The principal notified Scott of his decision by letter dated August 15, 2000. Scott appealed the principal's decision to a DCG faculty panel, which met on the evening of August 29, 2000. At that time, Scott was still living with his family in Dallas Center and had begun attending classes as a senior at DCG High School.

Scott and Attorney John Kimple went before the faculty panel at DCG and requested that the session be closed and that Scott's parents not be allowed to be present. This request was granted. Dave and Pam Perkins waited outside and when Mr. Kimple came out to wait on the panel's decision, he and Scott's parents had a heated exchange. During this exchange, Dave Perkins told Mr. Kimple that if he and his wife were to be excluded from Scott's affairs, then Scott would have to find another place to live. The DCG faculty panel decided later that evening that Scott had violated the good conduct policy and that he would be under athletic suspension for one year, effectively his entire senior year. Dave and Pam Perkins told Scott later that night at their home that he was not welcome to remain in their home. Mr. Kimple arranged the next day, August 30, 2000, for Scott to live in an apartment in a house in Adel. Scott moved to Adel that day. He began attending school in Adel and practicing with the ADM football team on August 31, 2000. The Association held a telephonic hearing and upheld the decision that Scott was ineligible to compete in interscholastic athletics at ADM under the provisions of 281?Iowa Administrative Code 36.15(3).

The evidence in Scott's appeal showed that even if his reasons for transferring to ADM were not motivated by school jumping or recruitment for athletic purposes, they were certainly motivated by his desire to attend school somewhere other than DCG. We believe that Scott could have made an effort to live in Grimes and to stay at DCG High School if his transfer had been motivated solely by a need to leave his parents' residence in Dallas Center and to make a home for himself. We conclude that Scott's transfer was principally for school or athletic purposes and that exception 36.15(b)(4) does not apply. The General Transfer Rule is, therefore, controlling and Scott is ineligible to compete at ADM for 90 school days.

That the September 18, 2000, decision of the Board of Control of the Iowa High School Athletic Association, declaring Scott Perkins ineligible to compete in athletics for 90 school days at Adel-Desoto-Minburn Community School District, was affirmed.