PORTSMOUTH, VA (WTKR)- Manor girls basketball's state championship hopes are still alive after all.
A Portsmouth Circuit Court judge vacated the Mustangs' forfeiture and a player's ineligibility after a hearing Monday, allowing the program to continue playing in the Region 4A Tournament.
Judge Brenda Spry said in her ruling that the VHSL "violated its own rules" by not allowing the player an appropriate due process or appeal, adding that she felt the adults failed the child in this circumstance.
The matter in question stems from a player who took part in the Mustangs' 88-20 Region 4A quarterfinal win over Gloucester on February 19. The player, who transferred to Manor from Norfolk Academy on December 4, was required by VHSL rules to submit a waiver request to the Eastern District in order to be eligible for the postseason, a guideline the league put into place this past summer (VHSL Rule 28A-7-1 (1)).
Monday, Manor head coach Roger Smith testified that it was the responsibility of then-athletic director Jamal Felton to handle the paperwork, while Felton told the court he was unaware of the rule. Felton said he was notified by the VHSL's compliance department that it had received a tip Manor had played the quarterfinal game with an ineligible player and that he could either self-report the violation or the program would be subject to an investigation. Felton testified he was told by district leadership to self-report.
Portsmouth Public Schools told WTKR News 3 that Felton is no longer the athletic director at Manor High School and is now serving as a science teacher for the division.
Further causing confusion was VHSL rule 28A-7-2 (4), which reads:
"The first time a student transfers from a non-member high school to a member school of the attendance area of the student’s parents or guardians, he/she shall be eligible immediately provided that he/she has been enrolled in the non-member school a minimum of one full year, and has never been enrolled at a member school or is returning to the member school where he/she had been enrolled and has been eligible immediately prior to his/her transfer to the non-member school."
The above rule may indicate that the player in question was never ineligible to begin with, a point attorney Steven L. Washington made during his examination of Felton. Washington also called the player's grandfather and Smith to the witness stand. VHSL attorney Micah Schwartz called VHSL Executive Director Ty Gafford.
The result of Manor's forfeit gave Gloucester a spot in the Region 4A semifinals, where the Dukes fell to Warhill, 56-31, advancing the Lions to the region title game and a spot in the Class 4 state playoffs. Monday's ruling will insert Manor back into the mix and, while the format, opponent and games are still being figured out, many speculate that the semifinal game may be replayed with the Mustangs taking on Warhill.
The Williamsburg James City County school system was represented Monday by its own attorney, who argued allowing Manor back into the playoffs wouldn't be fair to Warhill, which had already played its game, and pointed out the negative impact that could have on a separate group of student-athletes. Both he and the VHSL attorneys argued that it could also set a precedent that would see more ineligibility cases end up in litigation.
Warhill was scheduled to play Hampton this past Friday for the Region 4A title, but after Spry granted Manor a temporary injunction, the game was postponed.
One of the biggest points of testimony came with the player's grandfather on the stand, who was asked by Washington if he was notified by the school to inform him of his granddaughter's ineligibility, if he had heard from the athletic director or principal or if he was informed of his appellate rights. He answered "no" to all three questions.
Washington also argued that the paperwork error was out of the player's control and that she should not be punished for a lack of understanding from adults.
Manor is 21-1 on the season with its only loss coming to Region 5B champion Menchville. What's next for the Mustangs is currently being worked out by the region. State quarterfinals for the rest of the VHSL's classifications tip off Tuesday night, but Monday's ruling indicates that the games involving the Region 4A champion and runner-up will need to be rescheduled.
