Await Ruling In O'Connor Case
ILION - Supreme Court Justice Richard Cardamone is expected to announce soon his decision in the case of Navy Seaman Kevin O’Connor. Ilion high school graduate who claims the athletic letters he won for playing varsity football and wrestling in his senior year were revoked without a cause or hearing.
Justice Cardamone reserved decision after hearing argument of attorneys Tuesday in Supreme Court in Herkimer. Ilion Atty Fred O'Donnell represented O'Connor, who is joined by his mother, Mrs. Francis O'Connor, 9 Park St., in the action. Atty. George Getman represented the Ilion Central School Board of Education.
O'Donnell in his contention that the school authorities decision should be reversed, said that O'Connor, who was 18 at the time, had a glass of beer while bowling at the Ilion Knights of Columbus home on May 2. He claimed the youth's athletic training was over.
Reported By Tisci
He said Vito Tisci, who was present, saw O'Connor's action and said he would report him
for breaking training rules.
Tisci is an industrial arts teacher and football coaching assistant.
O'Donnell said Tisci did this and school administrators and the board of education upheld the decision of Joseph Sorge, athletic director, to revoke the block "I" athletic certificate.
In arguing his case, O'Donnell spoke of the ruling of the commissioner of education in the case of Heather Martin, a female high school physical education teacher. In that case, the commissioner rules she could teach physical education in a bikini
O'Donnell claimed school rules called for a flagrant violation and that the Ilion incident was not.
Briefed By Coaches
Atty. Getman, counsel for the school district, told the court that the players were briefed by the coaches at the start of the season that no smoking and no drinking were allowed during the school year.
Getman, presented affidavits from coaches stating O'Connor was aware of the rules, which are enforced year - round. He said O'Connor knew certain athletic officials had final authority in enforcing penalties.
Getman said such rule enforcements do not give the youth receiving the penalty the right
to correct or change the result by court action.
Getman Argument
The courts should leave the final authority in the athletic official or board in whom that authority is placed, Getman argued.
He pointed out physical conditioning is "not a matter of a month or two" and that the coaching staff should be commended for encouraging youths to refrain from drinking and smoking.
Getman said Sorge indicated in his affidavit that he was not stripping O'Connor of varsity wrestling and football letters earned in his junior year. Rather. Sorge was denying him an additional "certificate" for these sports in his senior year for drinking an intoxicant.
Getman said the authority of the athletic director to maintain discipline would be impaired if the court over - ruled his decision. School administrators and the school board had reviewed Sorge's action and supported it, he pointed out.
