Father sues over school district's freshman sports policy

Father sues over school district's freshman sports policy

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SALT LAKE CITY — An Ogden man filed a lawsuit alleging his teenage daughter’s civil rights were violated by a Weber School District rule that limits the number of freshmen who can participate in high school sports.

While his 14-year-old daughter is the reason Rick Westmoreland filed the lawsuit on Nov. 20, he said it isn’t just about the girl's opportunities.

“Frankly, it really isn’t about my daughter,” he said. “She’s just the poster child now.”

Westmoreland, an attorney, filed the lawsuit pro se, which means he’s representing himself.

On Friday, he participated in a telephone hearing in which Judge Mark DeCaria granted a temporary restraining order that allowed any affected student athletes, including Westmoreland’s daughter, to participate in high school sports.

However, the case was moved from state court to federal court Monday afternoon per a request from Weber School District attorney Heidi Alder. In a Monday afternoon hearing, Judge Dee Benson declined to grant a preliminary injunction, which would have extended the restraining order.

Benson also sent the case back to state court. The net result of Monday’s proceedings is that the district can enforce its policy that only allows two freshmen per sport per school to participate in high school athletics. In the Weber district, freshmen attend junior high school and until last March could only participate in high school sports if they made the varsity teams.

Westmoreland said he was disappointed with the outcome of Monday’s hearing as there is no scheduled hearing in state court and the prep basketball season began last week.


Frankly, it really isn't about my daughter. She's just the poster child now.

–Rick Westmoreland, father


“The kids don’t get to play until the matter gets resolved,” he said. “There are four or five other kids at different schools.”

The Weber School Board policy in question states: “The Weber School District Board of Education believes that ninth-grade students should participate in athletics at the junior high school level. However, there may be occasions where a ninth-grader may desire to participate in a sport at the high school level which is not offered at the junior high school. In such cases, a ninth-grader may try out for the high school team. For those sports offered at both the junior high school and senior high school levels, a maximum of two ninth-graders from each junior high school per sport (three from each junior high from football) may participate at the high school level.”

Westmoreland said he was told by Bonneville head girls basketball coach Mike Russell that his daughter was the third best freshman who tried out for the team, so she would not be allowed to participate. Westmoreland subsequently sent a letter to the coach telling him he intended to sue, as he saw the rule as a violation of the Constitution’s guaranteed equal protection clause.

Coaches in the Weber district have recently voiced opposition to the rule, which some believe puts them at a competitive disadvantage as they play schools that can use and develop freshmen without limits. It’s become an especially controversial issue with football, as coaches believe having more student athletes would build more competitive programs.

Westmoreland said he was part of a group that pushed the district to change the rule that didn’t allow participation unless freshmen could make a varsity squad. In March, the rule was changed to allow two freshmen per sport at each school to participate at any level, except in football where three athletes are allowed to play.

“We were dealing with this issue before they changed the policy,” Westmoreland said.

Even though it could be several weeks before a hearing is scheduled in state court, Westmoreland said he plans to see the lawsuit to its conclusion.

“It’s not just about basketball,” he said. “It’s about all the other sports affected in the spring and the rest of the year.”

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