- Juan Diego Catholic High School withdrew its lawsuit against the Utah High School Activities Association a day after filing.
- The lawsuit claimed the association's hearing violated the school's constitutional rights.
- The association was surprised by the withdrawal.
DRAPER — A lawsuit alleging that an investigation into athletic recruiting by Juan Diego Catholic High School was retaliatory and a violation of the school's faith-based mission was withdrawn just 24 hours after it was filed Tuesday.
The two-sentence notice of voluntary dismissal was filed Wednesday afternoon by the same attorney who filed a civil rights lawsuit and temporary restraining order request against the Utah High School Activities Association. Attorney Zachary Peterson, who signed both the complaint and the withdrawal notice, did not return calls or emails from KSL for an explanation.
Attorneys for the association found out about the withdrawal the same way they found out about the lawsuit a day earlier — through email. They were surprised by both the lawsuit and the almost immediate withdrawal.
"I've had no communication with counsel for Juan Diego," said long-time Utah High School Activities Association attorney Mark Van Wagoner.
He said the association is focused on its work, including preparing for the hearing where they will present allegations of recruiting and other rule violations by Juan Diego on Sept. 3 and 4.
The lawsuit was lengthy with dozens of exhibits, and it alleged the association's planned hearing violated the school's First and 14th Amendment rights. The lawsuit also claimed the hearing was retaliatory because the school sought "fairness" in the hearing process it claimed the rules, and the practices of the association, don't ensure.
After the lawsuit was filed on Tuesday, Van Wagoner responded with this statement.
"I had been corresponding with Juan Diego's lawyers about the scheduled hearing on Sept. 3, but in their emails, they refused to agree to appear at any hearing unless the association changed its procedures in a manner that has never been done. In communication and in the pleadings, Juan Diego has argued that the procedures adopted by the UHSAA for all hearings, was unfair to it."
"The UHSAA cannot give Juan Diego special treatment," he said. "Juan Diego is a member of the UHSAA and its school is subject to the UHSAA constitution and bylaws. I can see no reason for Juan Diego to insist that it will refuse to follow the rules it agreed to as a member school."
