Finding that a suspension period for senior athletes does not cause irreparable harm and that the NJSIAA had legitimate and reasonable reasons for its senior transfer rule, New Jersey Supreme Court Justice Darren T. DiBiasi denied a motion for a preliminary injunction filed by Patrick Jennings on behalf of two North Jersey football players.
Jennings represented two players, one of whom transferred from Union High School to Don Bosco and the other from Bergen Catholic to Ramsey. He is the son of Syracuse assistant coach Nunzio Campanile.
After listening to nearly an hour of testimony from Jennings and Steve Goodell, attorney for the New Jersey State Interscholastic Athletic Association, DiBiasi ruled in favor of the NJSIAA rule, saying the NJSIAA’s “decision deserves respect and will be applied rationally.”
During his argument, Goodell said every state deals with the large number of high school athletes who transfer schools and that the NJSIAA has tried to “find a different way” to deal with the problem. He acknowledged that there was a line drawn when applying a suspension period — distinguishing between freshmen, sophomores and third-year students versus fourth-year students — but cited three points from the NJSIAA to explain the reasoning behind the rule.
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First, the NJSIAA was concerned about the disruption of a student-athlete’s educational path just before graduation. Second, it was concerned about ensuring a level playing field in high school sports in New Jersey. Third, it was concerned about the damage done to a team’s existing structure when a senior player transfers.
“Every time, a court has found a reasonable basis for drawing a boundary,” Goodell said. “That’s what the law requires and that’s what we did.”
Jennings argued against the legality of the rule, calling it arbitrary and further drew the analogy that the NJSIAA would allow an 18-year-old junior to transfer without penalty, but not a 17-year-old senior. His argument was that if age is not used as a trigger for the suspension period, then why is the school year used?
“There is no basis whatsoever for treating seniors differently than freshmen, sophomores and sophomores,” Jennings said. “It’s irrational.”
In his remarks, DiBiasi said he saw things differently, saying the primary purpose of high school is academics, not sports. He said students who play sports are not members of any other protected class and that courts are reluctant to interfere in the internal workings of an agency like the NJSIAA.
“Member schools were concerned that because transferring in senior years would affect academic progress, a student could do so,” DiBiasi said. “Senior-year transfers have a greater chance of disrupting a team and displacing students from lower grades. … Member schools believe transferring in senior years could affect athletic advantage.”
Jennings could appeal, but time is limited. Both Ramsey and Don Bosco begin their football seasons on Friday, August 30.
