Judge Rules Schoolboy Can Keep Letter
By Julius Heller
The coveted block letter awarded athletes for sports excellence in high school or college, isn't lightly earned or lightly held.
Conversely, so a judge has ruled, in an Ilion High School case, the letter must not be lifted lightly by the school authorities who awarded it.
So, said Supreme Court Justice Richard J. Cardamone, sitting in Herkimer County Supreme Court, in the case of Kevin O'Connor, who was an outstanding athlete at Ilion Central School.
Kevin got a block letter in wrestling and football for the 1960-70 season, and it was rescinded after the sports season was over - all because a coach observed him "drinking a glass at beer" at an adult Knights of Columbus dinner function.
The reason for the judge's decision? O'Connor was "not afforded minimal standards of administrative due process" inasmuch as neither he nor his parents "were afforded a fair opportunity" to explain the glass of beer incident.
The facts, as set forth in a state law report of "preferred case decisions" for the benefit of attorneys, are simple.
After O'Connor got the letter, and while present at the dinner function following close of the athletic season but while still in school, a coach who observed Kevin drinking the beer informed him "I'm going to have to turn you in."
Subsequently the Board of Education accepted the athletic director's recommendation for revocation of the letter award, citing rules stating that "smoking and drinking are undesirable habits" for high school athletes and that recipient athletes could be stripped of their letter flagrant violation."
Unable to get satisfactory action for return of the letter, after direct confrontation with school board authorities, Mrs. Ann O'Connor, the athlete's mother, took to the courts.
"There was no flagrant violation and my son was not accorded an opportunity to be
heard." she contended.
The answer by the school simply was that the case had been reviewed by a school review board, and that the determination by the director of athletics terming the incident as a "beer-bust" had been upheld.
Since there had been no hearing, said Justice Cardamone, the "answer" of the school authorities, coming as it did after the suit had been instituted, constituted "importing" evidence into the dispute.
The jurist dwelled particularly on the subject of state educational law regulations as they relate to disciplinary action, against pupils. He pointed out that no pupil, under the law, shall be punished unless he or the person in parental relation to him, shall have had an opportunity to a fair hearing, even to the right of counsel.
Justice Cardamone acknowledged that the legal process doesn't apply in every case - particularly where an offense is minor.
"It applies where disciplinary action involves a severe penalty." observed the court.
And the lifting of the letter hard earned and highly coveted, is a "severe penalty," the jurist indicated in his decision.
He said that "under minimal standards" Kevin should have been afforded a hearing. All that Kevin knew of the rules — before the suit was brought - was that students participating in athletics must realize they have to forego drinking," said the judge.
The school authorities however "adopted the construction of this rule to mean that drinking at any time during the school year - and after the season, could cause a forfeiture." said the jurist.
"There is no proof in the record of this case of a flagrant violation," said-Justice Cardamone.
To remit the case for further consideration to the Board of Education, would "work an injustice to the athlete and his parent," he said, "since the Board of Education is fully cognizant of the entire cause."
In conclusion, wrote Justice Cardamone:
"Thus it is this court's decision that under all the circumstances here. O'Connor was not afforded minimal standards of administrative process and the petition for the return of the letter is granted."
