Judge rules Glenville can stay in OHSAA football playoffs while investigation continues

CLEVELAND, Ohio (WOIO) - A Cuyahoga County judge ruled Tuesday afternoon that Glenville High School can remain in the Ohio High School Athletic Association football playoffs for now. He found the association’s decision to remove the team was “arbitrary.”

Common Pleas Judge Andrew Santoli granted a preliminary injunction requested by family members of two Glenville football players. He also denied the association’s motion to dismiss the case.

He ordered the association to set the opponent for Salem “forthwith.” The order says the association could reschedule the Glenville-University School game, declare that University School forfeited the Oct. 31 game, or another “appropriate remedy.”

The association said in a statement that it agrees with the judge’s conclusion that the court cannot decide who plays in the playoffs. It cited this passage from the order:

“The Court emphasizes that it is not asked, nor permitted, to determine who is entitled to play in the Playoffs. It is beyond the scope of this Court’s authority to order that one team be entered into the Playoffs over another, or that one team advance in the Playoffs over another.”

The association said the order includes additional findings it will challenge on appeal. It said it will release more information Wednesday about who Salem will play Friday. The association said it has stayed in communication with Salem and appreciates the school’s cooperation and patience.

The association also released what it called additional information about the case:

• The association said the lawsuit was brought by two Glenville players, not by the school district or Glenville High School.
• It said Glenville and the school district have submitted conflicting residential documentation for numerous players since the middle of last week.
• It said 63 of the 64 players on Glenville’s roster this season do not attend Glenville High School. It said the district has not proven that many of them should have been playing at Glenville.
• It said the district and Glenville have not met participation regulations set in 2007 when Ginn Academy opened. It said the lack of administrative control will result in additional penalties.

The association also said Glenville did not object to the findings of the association’s audit during an Oct. 29 meeting.

In his written order, Santoli said the association made its Oct. 29 decision before it finished investigating the eligibility of Glenville players. He said no Glenville player has been declared ineligible.

The association said 10 players still need to have their residency documentation verified. Santoli said the investigation is ongoing.

The judge also said the association’s bylaws do not set a process or a deadline for verifying a student’s residency. He called the association’s Oct. 25 documentation deadline “completely arbitrary.”

Santoli noted the association first cited the Cleveland Metropolitan School District’s record-keeping in a written ruling Nov. 1, two days after it removed Glenville from the playoffs. The judge said there was no evidence the association used that reason before then.

He said the association can still act if it later finds ineligible players on Glenville’s roster.

Santoli wrote that he cannot decide who plays in the playoffs or who advances. He ruled only on whether the association’s decision was arbitrary.

Closing arguments were heard Tuesday morning. The hearing began Monday at 1 p.m. and lasted until around 6 p.m. Closing arguments began around 9 a.m. Tuesday and ended around 10:30 a.m.

The Glenville Tarblooders were scheduled to play University School on Friday, Oct. 30. That game was canceled Thursday, Oct. 29.

Association officials canceled the game, saying an investigation revealed that Ginn Academy students were inaccurately assigned to Glenville for student participation opportunities.

Ginn Academy is a non-member magnet school that does not offer sports. Its students may participate in athletics at the Cleveland Metropolitan School District school closest to their home.

On Friday, Oct. 30, Santoli granted a temporary restraining order, and the game was rescheduled to Saturday, Oct. 31.

According to Jon Benedict, communications officer for the school district, the Glenville players showed up for the game at noon on Oct. 31, but their opponent did not.

During the hearing, an attorney for the association blamed the school district. “But let’s not lose sight of the fact that this all started because Cleveland Metro School District did not provide the proper information,” the attorney said.

Attorneys for the players blamed the association for the missed game. They claimed the association purposely did not order officials for it.

A University School official released this statement Saturday, Oct. 31:

“University School prepared and looked forward to competing in this year’s State Football Tournament in its match-up with Glenville, originally scheduled for the evening of Friday, October 30. We were disappointed to learn of the initial cancellation of the contest on Thursday, October 29 and, then, surprised to learn of the temporary restraining order leading the OHSAA to reschedule the game for the afternoon of Saturday, October 31. We will not compete in the now re-scheduled contest, respect the court’s prudence in deciding the ultimate outcome of the legal dispute, and will prepare to compete with Salem on Friday night if that is the resolution.”

This is the second time Glenville has been removed from the football playoffs. In 2018, the team was removed for the same violation, fined $5,000 and placed on probation until 2021.

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