The appellant emigrated from African Liberia with his family and lived with his father in St. Paul, Minnesota. The appellant's father is disabled, unable to work, and lived in subsidized housing in an area of gang activity. Because of transportation problems, the appellant had to walk the 10 miles home from track and football practice after school.
In August 2006, the appellant visited his brother who lived in Fairfield, Iowa , and they began discussing the possibility of him living there. It was decided the appellant would moved to Fairfield, so he could have a safe place to live, food on the table, and an opportunity to excel in school. His father signed papers after the move giving legal guardianship to his brother.
After school started, the appellant looked into the possibility of playing football. The school contacted the IHSAA to see if the Appellant could play sports. The Executive Director initially denied the request. The Board of Control reviewed the appellant's circumstances in light of the discretionary language found in 281 IAC 36.15(3)(a)(8). The Board affirmed the original denial on September 27, 2006, because the appellant voluntarily chose to move to Iowa and was not compelled to move.
The administrative law judge found the decision made by the IHSAA Board of Control to be correct. The Board's decision was not "irrational, illogical, or wholly unjustified" when it determined the appellant ineligible to compete in varsity interscholastic athletics at Fairfield High School for 90 consecutive days.