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Canton Rep article on ruling

Judge upholds athletics age rule
Wednesday, August 11, 2004 By SHANE HOOVER Repository staff writer
CANTON — Dennis Underwood will not take the field for St. Thomas Aquinas High School this football season, a judge has decided.

Stark County Common Pleas Judge John G. Haas denied Underwood’s request for a temporary injunction that would have allowed him to play despite age ineligibility.

The Ohio High School Athletic Association says Underwood violates its rules by turning 19 before Aug. 1. Underwood claims that he qualifies for an exception to the age limit because he has a learning disability.

Haas ruled that Underwood, who has an IQ of 75, is developmentally handicapped and qualifies as a “child with disability.”

But allowing him to play on the team would displace another athlete and give the team and Underwood an advantage over competitors, Haas wrote.

The 6-foot-3, 190-pound Underwood rushed for 1,207 yards and 12 touchdowns as a junior running back last season. He also was a member of the Knights’ regional-qualifying basketball team and qualified for the state track and field meet as a member of Aquinas’ relay teams.

The football team’s assistant coach testified that the team is short on players, but Haas said there would be enough players to fill Underwood’s positions on offense and defense.

It was clear that the age-limit exception was intended to allow an athlete with a disability to compete when he or she would not influence the game or even be allowed to play under normal circumstances, Haas said.

“It is a rule of compassion but was not intended to give the top athletes another year of eligibility,” he wrote.

Haas said that Underwood did not pose a danger to himself or other players and that there was no indication of “redshirting” or academic dishonesty. He also noted that running afoul of the state athletic association did not automatically end Underwood’s high school football career because he could play at a school outside the association.

Underwood’s attorney, Richard Bing, said he had not seen a copy of the judge’s decision and had “no idea” what the next step would be. Haas’ decision could be appealed.

OHSAA Commissioner Dan Ross could not be reached for comment.