GHSA to consider bylaw changes to help it fight future lawsuits, injunctions

“If somebody’s going to sue us, we want them to come to Upson County,” Scott said. “Hopefully, it would be more neutral territory.”

Elected Superior Court judges in Charlton and Cook counties also have in recent years issued injunctions against the GHSA, threatening to postpone state playoffs.

In the Gainesville case, the GHSA postponed the Class 6A quarterfinals for a week to ponder its next move but ultimately chose not to fight the judge’s ruling on the player suspensions. At near full strength, Gainesville advanced two more rounds in the playoffs before losing in the championship game.

The GHSA also hopes to add a bylaw and change language that judge Clint G. Bearden cited in his ruling in favor of Gainesville. The GHSA’s executive committee could vote on those measures Monday.

Current bylaws can be interpreted to mean that athletes can be suspended in future games only if they were ejected in the previous game and that athletes cannot be punished for misconduct that takes place after officials declare a contest over.

“The judge in that case told us we couldn’t suspend them because the game was ended and officials didn’t eject the players and that we didn’t have to authority to do that after the fact,” Scott said. “We felt like the bylaw did say (the GHSA could do that), so we’re making sure this clarifies the language. I don’t think there’s any way in a football game with six officials or a basketball game with three that you are going to see everything (and identify every violator correctly) when people are running onto the court.”

A proposed bylaw would extend the GHSA’s jurisdiction beyond when game officials declare the contest finished and make athletes and coaches subject to suspensions until they leave the venue.

Another proposed bylaw states the GHSA may use testimony of law enforcement and school staff to determine penalties. Currently, the GHSA may use only video evidence and game officials’ reports.

“This is just a way of saying we can put all our heads together to determine what happened,” Scott said. “If somebody was not involved and wrongly accused, we want to correct that as well.”

Scott still contends the GHSA was correct to suspend the Gainesville players. His decision not to fight the judge’s ruling came after Gainesville pointed out inconsistencies in the GHSA’s rulings last football season. The GHSA did not suspend all players leaving the bench during a fight in an August football game in Macon.

Scott defended what he believed to be the original bylaw’s purpose.

“If you can keep the situation to the 22 football players or 10 in basketball, you have a better opportunity to control things,” Scott said. “It’s my experience that you can get those situations settled down quicker if you let the school resource officers and administrators and security at that school handle it and not have people coming off the bench and sometimes coming out of the stands.”

Proposed and reworded bylaws

Bylaw 2.71 d. 4. The prohibition against players fighting or being involved in a fight shall continue until all players have left the school or other venue where the contest takes place.

Bylaw 2.71 d. 5. The GHSA office may review video recordings and statements of contest officials, school officials and law enforcement to determine which players were fighting, leaving the bench or otherwise involved in a fight situation. After review of the same, the GHSA may levy, modify or withdraw penalties including fines against member schools and enforcement of the sit-out rule against players fighting, leaving the bench or involved in a fight.