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Decision Number
299
Book
28
Month
October
Year
2018
In RE
Athletic Eligibility
Appellant
Jose pablo S.Q.
Appellee
Iowa Department of Education
Summary

An evidentiary hearing was held pursuant to departmental rules at 281 Iowa Administrative Code chapter 6. Jose Pablo seeks reversal of a decision that the IHSAA Board of Control made on 9/6/18, finding that he is ineligible to participate in varsity athletics at Xavier High School for 90 days pursuant to the general transfer rule.

Jose Pablo is a citizen of Mexico. he attended Xavier in Cedar Rapids his freshman year of high school, 2015-16. He had an F-1 visa during that stay. During his freshman year, Jose Pablo participated in football, wrestling and soccer at Xavier. Jose Pablo returned to Mexico for his sophomore and junior years of high school. In the spring of 2018, he expressed a desire to return to Xavier for his senior year.

Jose Pablo's school in Mexico required at least one semester of international study. Jose Pablo chose to fulfill this requirement by returning to Xavier. He reentered the US on an F-1 visa in July 2018 and is currently enrolled at Xavier. He requested immediate eligibility at the varsity level from the IHSAA under the foreign exchange student and catchall exceptions to the general transfer rule.

At hearing, his mother explained the family was unaware that Jose Pablo would be ineligible to complete in varsity athletics for 90 days. She was unaware that only foreign students participating in an exchange visitor program can obtain a J-1 visa and meet the requirements for the foreign exchange exception to the transfer rule.

The Decison of the Board of the IHSAA, which found Jose Pablo S.Q. ineligible to participate in varsity athletics at Xavier HS for 90 days pursuant to the general transfer rule, is AFFIRMED.