To: SCVAL Board of Managers

From: SCVAL Track Coaches

Date: May 21, 2001

Grievance

We are grieving the decision made by the SCVAL League Commissioner in determining that an athlete from Milpitas could run in both the SCVAL league finals and the North Subsection meet. We believe that this decision was incorrect because it did not follow several SCVAL by-laws.

Background

Milpitas high school entered three athletes in the El Camino division league finals at their coaches seeding meeting. The athlete in question was not included in these three entries. The SCVAL by-laws allow only three athletes per event by any one school (1).

The SCVAL by-laws allow entry changes after a seeding meeting and prior to the start of the league finals if such a request is made and a majority of the coaches agree to the change (2).

Just prior to the start of the El Camino league finals, a letter written by the league commissioner was shown to the coaches in which they were ordered to allow a non-entered athlete to run the 3200 meters. The coaches then asked the Milpitas coach whether he wished to remove one of his three entries and to enter the athlete in question. He declined to do so. However, the athlete in question was allowed to run on an unofficial basis because the league commissioner had ordered that she be allowed to run. She finished an unofficial second.

The SCVAL submitted its 10 entries to the North subsection meet in accordance with its by-laws (3). The Milpitas athlete in question was not included in these entries. The SCVAL league commissioner then ordered that the Milpitas athlete be entered in the North subsection meet.

The league commissioner did not inform the league representatives of his decision to replace one of the SCVAL�s 10 entrants in the 3200. He merely told the CCS office that they replace the 10^th SCVAL entrant.

Conclusion

We believe that the decision of the league commissioner was incorrect because:

1-Milpitas was allowed more than three entries in the 3200, which was contrary to our by-laws.

2-Milpitas was allowed to change its league meet entries after the seeding meeting without a majority of the coaches agreeing to the change, which was contrary to our by-laws.

3-The athlete in question was allowed as an entrant in the North subsection meet, which was contrary to our by-laws.

We also believe that the league commissioner should have informed the league representatives of his decision so that they could have notified their fellow coaches of the ramifications of the order (As an example, which runners had been removed as entrants and which athletes had been made alternates).

Action Item

We request that the Board of Managers state:

1 � Their policy as to when the League Commissioner may override the by-laws.

2 � Procedures (including time frames) as to how the League Commissioners decisions are disseminated to the League representatives.

Respectfully submitted,

Tom Fendyan (Fremont) Shozo Shimazaki (Monta Vista)

Eddie Sumpter (Homestead) Sam Read (Mtn View)

Darrin Garcia, Hank Lawson (Lynbrook) Scott Bang (Los Gatos)

Marshall Clark, Laura Lopez, Lisa Vogen (Saratoga) Walt Van Zant (Wilcox)

Ernie Lee, Hal Daner (Gunn) Paul Jones (Palo Alto)

Roberta Chisam (St Francis) Julia Widstrand (Los Altos)

Chuck Kapan, Julie L'Heureux (Santa Clara)

(1) Section 1 of Article V of SCVAL Track By-Laws

"For the SCVAL trials, each school may enter (3) participants in each event�"

(2) Section 12 of Article V of SCVAL Track By-Laws

"No competitor may be added to an event after the seeding meeting without the agreement of the majority of the schools competing in the division meet. The additions should be made only under unusual circumstances."

"The SCVAL girls are allowed 10 qualifiers to the North trials meet for each event. This will be allocated 6 to the DeAnza Division and 3 to the El Camino Division. One (1) qualifier will be allocated to the athlete with the best mark other than the other nine (9) qualifiers."