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Kathleen parents seek to overturn forfeits, cite rival in complaint

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Kathleen Principal Cecil McClellan sent a letter of appeal to the FHSAA, but officials said the action was per statute and an appeal isn't likely to be successful.

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By JENNIFER LEIGH | News Channel 8
and KEITH MORELLI | The Tampa Tribune

Published: November 3, 2009

LAKELAND - A group of parents of Kathleen High School football players filed a request for emergency injunction in circuit court today asking to set aside an order by the state forcing the school to forfeit six wins this season.

The controversy was sparked by an inappropriate viewing of one senior player's grades by administrators at a rival high school, the complaint said.

The scandal centers on the senior, who isn't a starter, and the forfeiture of enough games to keep the Red Devils out of playoff contention.

Since the forfeits were announced last week, a full blown conspiracy has mushroomed involving administrators, coaches and guidance counselors at Bartow High School, the nine-page complaint said.

Joseph Brown a Lakeland attorney representing the Kathleen High Touchdown Club, made up of parents of some of the football players, said Bartow High's actions were more than improper.

"This illegal review and access of student records did not meet any statutory purpose and was simply done to hurt a competitor school," he said during a news conference this morning on the steps of the Polk County Courthouse, "injuring not only that school but injuring a whole community as well."

Kathleen, which was 8-0 overall and 4-0 in Class 4A-District 8, was ordered last week by the Florida High School Athletic Association to forfeit six wins after the school self-reported a grading problem.

The forfeits included district wins against Bartow, Haines City and Lake Region. The Red Devils suddenly were 1-3 in District 8 and their playoff hopes were smashed.

Kathleen Principal Cecil McClellan sent a letter of appeal to the FHSAA, but officials with the agency that oversees high school sports in Florida said the action was per statute and an appeal isn't likely to be successful.

The player had failed an algebra class, but under a Polk County policy, he was eligible to retake the class, which the student did, and got a D. That was sufficient to graduate, but insufficient to allow him to participate in athletics, officials said.

McClellan said the guidance staff "misinterpreted and/or misapplied" the district's forgiveness policy, and it appeared to school administrators and coaches that the student was eligible to play.

Guidance counselors across Polk County have access to grades of all students, and the complaint filed today says administrators and guidance counselors at Bartow High accessed grades of all the Kathleen football players to see whether any were ineligible. Accessing student records to look for ineligible players on athletic teams is improper, the complaint said.

Kathleen defeated Bartow 21-0 on Sept. 25.

The Bartow administrators found the player who initially failed algebra and waited two weeks before reporting the situation to the school district, the complaint said.

The school district notified Kathleen, which immediately reported itself to the FHSAA.

By waiting two weeks, the complaint said, the two games in which the player participated became subject to forfeiture.

If the school knew about the ineligibility question earlier, school officials could have kept the player out for those games, negating two forfeits.

School district officials said today that an internal investigation is under way into the allegation of improper accessing of grades. Bartow administrators declined to comment until after that probe is completed.

A court hearing is set for Wednesday afternoon.

Reporter Keith Morelli can be reached at (813) 259-7760. Reporter Jennifer Leigh can be reached at ((813) 221-5788.

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