Nov 17, 2009
A Cumberland County judge upheld a N.C. High School Athletic Association decision that the Terry Sanford High School football team must forfeit the entire season due to an ineligible player.
The decision came Tuesday after questions about senior defensive back Malichi Mills’ eligibility.
"The tragedy of this whole affair is the large number of players totally innocent prohibited from continuing in the playoffs," said Cumberland County Judge Jack Thompson, a 1959 graduate of Fayetteville High School, now known as Terry Sanford.
One week ago, the Fayetteville school self-reported the violation to the N.C. High School Athletic Association. That led the NCHSAA to order that the team forfeit its nine wins and give up its playoff berth.
Parents of four senior football players went to Thompson, who a granted a temporary injunction allowing Terry Sanford to play Saturday. The Bulldogs defeated Pine Forest, 49-28, to advance to the second round of the playoffs. They were scheduled to play New Hanover on Friday.
Lee Spruill, athletic director at Terry Sanford, told the judge Monday that questions arose about Mills’ eligibility after his report card showed a passing grade in English.
Jody Hawley, director of information technology for the Cumberland County school system, testified on Monday that Mills' final grade in his English 3 course last school year was 54, as of June 23. On June 30, Hawley said, the grade was changed to a 78.
“Somebody manually had to override that,” Hawley said. It was unclear why the change was made, but Hawley identified Pam Stone, a guidance counselor at Douglas Byrd High, as the person who changed the grade on June 30.
Terry Sanford head football coach Wayne Inman testified Tuesday that the school should "always rule in favor of the child to help the child be successful." Inman was referring to a policy within Cumberland County schools where teachers develop a written plan to help a student who is failing become successful.
Attorneys for the players argued that when Mills' failed the course, no written plan was developed to help him succeed. In that case, attorneys said the principal has the ultimate decision whether to pass or fail the student.
"No, his grades were not tampered with. There is more to the story than is being told in there," Mills' mother, Ethel Johnson, said Monday.
Attorneys for the NCHSAA said Tuesday the school's computer system still shows Mills' as a junior, not a senior.
As to the grade change, Cumberland County Schools Director of Activities Fred McDaniel said “it has no bearing on his eligibility. He missed too many days of school.”
Records show Mills was suspended for eight days last semester from the Cumberland Evening Program, and nine days from Terry Sanford High School.
One point of contention in the hearing centered on an agreement made by now-former principal Diane Antolak and the attorney for the Cumberland County Board of Education with Mills’ mother, Ethel Johnson. It agreed to expunge the disciplinary record against Mills for the 2008-2009 record, but it did not expunge his absences.
“You do not expunge absences,” McDaniel said. “You’re expunging the disciplinary record.”
Attorneys for members of the football team pointed out that Mills was disciplined through suspension and questioned why the absences wouldn’t be expunged as well.
David Phillips, the attorney for the school board, said “I don’t believe you can expunge an attendance record. It would create a false record.”
The attorneys suggested that if the suspension absences were expunged, then he would have been eligible to play football. The state requires that a player not miss more than 13.5 days of class.
As a result of Thompson's ruling, Terry Sanford will have to forfeit its nine regular season wins and its playoff victory from Saturday. The Bulldogs will also have to return all money made from Saturday's playoff game.
The NCHSAA decided Tuesday afternoon to allow Pine Forest to reenter the playoffs, said Quanta Holden, of the NCHSAA. The team will take on New Hanover on Friday in place of Terry Sanford.
(HighSchoolOT.com Editor Nick Stevens and WRAL.com Web Editor Kathy Hanrahan contributed to this story)
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