October 1, 2002
The 4th District Illinois Appellate Court Tuesday (Oct. 1) upheld a McLean County Circuit Court decision that denied a request for a temporary restraining order that would have allowed Pontiac High School student Isaac Monts to play football for the school.
In its ruling, the Appellate Court upheld the decision by McLean County Circuit Judge Elizabeth A. Robb that: 1) the student did not demonstrate he had a protectable interest in participation in extracurricular sports; 2) the Illinois High School Association (IHSA) had not acted arbitrarily and capriciously in applying its rules and determining the student was ineligible. Judge Robb's decision was rendered Sept. 24. The Appellate Court remanded the case to the Circuit Court. Judge Robb has scheduled a hearing on the student's request for a permanent injunction for Nov. 1.
The student was originally ruled ineligible for all sports at Pontiac High School August 28. IHSA Executive Director Martin L. Hickman ruled that the transfer of the student from Streator (Woodland) to Pontiac was not in compliance with By-law 3.070 and Hickman administered the penalty for the undue influence violation according to By-law 6.010, which is permanent ineligibility at the school.
The student's family appealed Hickman's decision to the IHSA Board of Directors on Sept. 9. The Board sustained Hickman's decision. The student's family then sought the temporary injunction before Judge Robb Sept. 24.