In the fall of 1999, Mark and his family moved from Cedar Falls where Mark was attending Northern University High, to a family farm in northeast Iowa. The house was one of two family homes in the area. The house where Mark's family lived was located in the North Fayette District. Mark and his three brothers, two younger and one older, began classes in the North Fayette District. During the 1999-2000 school year, Mark's family traded homes with an uncle and moved three miles south to the second family home, which is located in the Sumner District. Rather than change schools mid-year, the parents decided that the four boys would continue to attend school at North Fayette under the open enroll-ment continuation provision. As a freshman and sophomore at North Fayette (1999-2000; 2000-2001), Mark played football, basketball, baseball and ran track. During his junior year (2001-2002), he played football and basketball.At the beginning of the 2002 spring semester, Mark's younger brothers began attending school at Sumner, primarily to take advantage of the bus transportation. In February 2002, Mark felt the cumulative effect of several pressures. Mark felt that a move from North Fayette to Sumner would be in his best interest.

The pressures Mark felt prior to transferring to Sumner arose from the following four situations: 1) His stepfather's uncle had some rather serious legal problems. Those problems reflected negatively on the family and the way in which Mark felt he was treated by his peers. 2) Mark's older brother, who also participates in athletics, had been involved with drugs. After a number of incidents, his brother left school and was admitted to a drug rehabilitation facility. Mark felt that the reputation his brother acquired also reflected negatively on Mark. He felt that he was treated differently by his peers and perhaps some of the high school staff. Mark felt that no matter how hard he worked in his studies and in athletics, he "could not seem to get a fair shake."3) Mark and a girl whom he had been dating broke up after about a year. She was diagnosed with an eating disorder. Her eating disorder led to hospitalization and a coma. Mark felt that the girl's parents and friends blamed him for her condition because of their breakup. 4) Internal strife among members of the North Fayette basketball team led to Mark's feeling blamed for their disappointing season.

In February 2002, Mark asked his mother and stepfather to open enroll him out of North Fayette into Sumner. On February 13, 2002, Mark began attending school at Sumner High School. When Mark transferred, he was advised by Sumner that he would probably be ineligible to compete in interscholastic athletic competition for 90 school days. Mr. Eckelman sought an athletic eligibility ruling from the Association by letter dated February 13, 2002. Mr. Saggau wrote a letter to Mr. Eckelman on February 19, 2002, explaining that Mark would be ineligible to compete at Sumner for 90 school days. Mr. Saggau testified at the appeal hearing that the Board of Control based its decision on the Open Enrollment Transfer Rule, 281 Iowa Administrative Code 36.15(4). He testified that during his 38 years at the Association, the Board of Control has never gone beyond that rule and its stated exceptions. Mark testified that he doesn't believe any of the stated exceptions apply to his situation, but he would nevertheless would like the Director to consider what Mark feels are extenuating circumstances.

Open enrollment transfer rule. A student in grades 10 through 12 whose transfer of schools had occurred due to a request for open enrollment by the student's parent or guardian is ineligible to compete in interscholastic athletics, but may practice with the team, during the first 90 school days of transfer. However, if an open enrollment student participates in the name of a member school during the summer, the student is ineligible to participate in the name of another member school for the first 90 school days of the follow-ing school year. Mark's situation falls squarely within the language of the above rule. Mark open enrolled from a public school, North Fayette High School, to another public school, Sumner High School, after the ninth grade. None of the exceptions listed in Rule 36.15(4) apply to Mark's situation. Mark is, therefore, ineligible to compete in interscholastic athletics in the Sumner School Community School District, for ninety (90) school days following his open enrollment.

That the March 15, 2002, decision of the Board of Control of the Iowa High School Athletic Association, declaring Mark Winburn ineligible to compete in interscholastic athletics for ninety (90) school days in the Sumner Community School District was affirmed.