Ga. High Sch. Ass'n v. Charlton Cnty. Sch. Dist.
Ga. High Sch. Ass'n v. Charlton Cnty. Sch. Dist.
Opinion of the Court
*309The Georgia High School Association ("GHSA") appeals the trial court's order enjoining GHSA's imposition of penalties on Charlton County School District, d/b/a Charlton County High School ("Charlton County") after the school self-reported that it had violated GHSA's 110-pitch rule in two baseball games. GHSA argues that any decision that it makes regarding high school athletic contests in Georgia are non-justiciable, that is, not reviewable by any court. Although GHSA possesses wide discretion in its treatment of member schools, GHSA is required to abide by its own Constitution and Bylaws, and that issue is reviewable, so we affirm and remand the case to the trial court for further proceedings consistent with this opinion.
GHSA is an unincorporated association of public and private high schools, which serves as the governing body for high school athletic, music, speech, and other fine arts competitions among high schools in the State of Georgia.
GHSA promulgates rules for each sport it governs, and its Constitution and By-Laws (often called, and referred to herein as, the "White Book") set out the method for addressing any violation of such rules. Charlton County competes in high school baseball, among other activities, under the auspices of GHSA. One of GHSA's rules applicable to baseball prohibits a player from throwing more than 110 pitches in a two-day period, with certain exceptions not applicable here.
*175A violation of the pitch-count rule potentially subjects the offending school to a $ 250 fine, a two-game suspension for its head coach, and the forfeit of the game in which the violation occurred.
During two baseball games played consecutively on March 9 and 10, 2018, the official GHSA pitch count showed that one Charlton County player threw 115 pitches, violating the GHSA pitch-count restriction. At GHSA-sanctioned games, the pitch count is conducted by a GHSA-registered umpire, and although not required by GHSA rules, it is routine practice for the pitch count monitor ("PCM") to give a courtesy warning to teams and the home-plate umpire when a player is approaching the pitch-count limit, and, in fact, GHSA trains PCMs to give such warnings. However, no such warnings were given at Charlton County's March 10 game against Lanier County High School ("Lanier County"), during which the rule violation occurred. The White Book authorizes the State Executive Director to interpret GHSA rules and impose the proper penalty for any rule violation, and on March 15, 2018, Charlton County self-reported the pitch count violation to Dr. Robin Hines, GHSA Executive Director. That same day, GHSA officials, including Hines and Ernie Yarbrough, GHSA Assistant Executive Director, participated in a conference call with representatives from Charlton County to discuss the matter. Following the conference call, Yarbrough and Hines conferred and decided the appropriate punishment for the violation was to issue Charlton County a warning. Yarbrough sent an e-mail that day to Charlton County and Lanier County announcing that a violation had occurred, "[b]ut upon further review of all the circumstances [GHSA ruled that there would] be no penalty due to the PCM not informing the Charlton Co. coach, nor the home plate umpire, that pitching to *311the final batter would exceed the two-day pitch count restriction" (the "March 15 decision").
The White Book provides that any member that is unsatisfied with a penalty decision has seven calendar days after the decision in which to file an appeal to GHSA's State Appeal Board (the "Appeal Board"), or if the only issue under appeal is a request to modify the penalty imposed, the member school may appeal directly to the Executive Committee of GHSA. On appeal, the State Appeal Board or the Executive Committee then considers the evidence submitted by the party or parties in rendering its decision. No appeal of the March 15 decision was filed within the seven-day period, and Charlton County went on to finish its regular season with a 14-2 record against its Region 2A opponents. Irwin County High School ("Irwin County") also finished with a 14-2 record for the season, but because both of its losses had been against Charlton County, the latter was named the 2018 Region 2A Champion.
Subsequently, on April 18, 2018, the head coach of Irwin County sent an e-mail to a number of Irwin County school officials and GHSA employees, including Yarbrough, complaining of GHSA's March 15 decision to issue Charlton County a warning instead of a penalty and asking GHSA to award the win in the March 10 game to Lanier County. The Irwin County coach also asked GHSA to "[p]lease don't throw us under the bus with the team in question by allowing them to know that we sent this e-mail." GHSA and Irwin County continued to exchange emails about the matter over the period April 18-19, 2018, and in one of those messages, Irwin County acknowledged that the matter had been "ruled on more than a month go" and that the Irwin County coach, "as well as the other coaches in our region, knew about it before y'all did. We all just held on to it in case we needed it in a situation like we do now." Consistent with Irwin County's request, GHSA did not inform Charlton County of Irwin County's challenge to the March 15 decision before it decided the appeal.
A few days later, on April 23, 2018 at 9:01 a.m., Irwin County faxed a written appeal letter contesting the March 15 decision to Hines and the "Baseball Appeals Committee."
*176
On April 25, 2018, Charlton County filed a "Petition for Declaratory Judgment and Injunctive Relief," asking the trial court to declare that Irwin County's appeal of the March 15 decision was void because it was decided in violation of the White Book, that Charlton County's record for the season remained 14-2, and that it was the 2018 Region 2A baseball champion. The petition also sought to enjoin GHSA from conducting the Class A public school state playoffs until the matter could be heard. Following an evidentiary hearing into the matter, the trial court issued an order on May 2, 2018, finding that GHSA had violated the White Book in considering and ruling on Irwin County's appeal and that GHSA's decision on the matter was void. As a result, the trial court:
- enjoined GHSA from granting Lanier County a forfeit victory in the March 10 game against Charlton Couinty;
- required GHSA to recognize the original outcome of the March 10 game;
- required GHSA to recognize that Charlton County finished with a 14-2 record against Region 2A opponents;
- required GHSA, after Charlton County's record had been changed to reflect a victory in the March 10 game, to determine the Region 2A champion according to its rules;
- required GHSA to recalculate the power ratings for the top eight teams in the Class A baseball playoffs; and
- required GHSA to disseminate the updated playoff bracket to affected teams.
*313Irwin County filed an appeal and emergency motion seeking a stay of the trial court's order, and this Court granted the motion on May 4, 2018. Consequently, GHSA was not required to reinstate Charlton County's victory in the March 10 game before the state playoffs, and the schools retained their rankings as posted on April 23, 2018. The state playoffs and championship games were played and the season has now concluded. This appeal followed.
1. As an initial matter, we must consider whether the issues in this appeal are moot in light of the fact that the 2018 baseball season is over and state baseball championship playoffs have concluded. "[M]ootness is an issue of jurisdiction and thus must be determined before a court addresses the merits of a claim." Shelley v. Town of Tyrone ,
GHSA contends the issues in this appeal are moot as of the completion of the 2018 baseball season, because the playoffs are over and the playoff seedings cannot be redetermined at this point. On the other hand, Charlton County asserts that issues related to its regular season record remain a live *177controversy and the issues presented with respect to the playoffs are capable of repetition yet evade review, and, therefore, not subject to the mootness doctrine.
We turn first to the issues related to the March 10 game and Charlton County's regular season record. Although we could locate no Georgia cases directly addressing whether such issues remain ripe for judicial review after the conclusion of a playing season, our cases require us to look at the nature of the relief requested and whether the resolution would rest on existing facts or rights, rather than an abstract question. Pimper v. State ex rel. Simpson ,
We reach a different result with regard to Charlton County's request to recalculate the power rankings and reseed the playoff tournaments. Because the playoffs have concluded and the games cannot be replayed, there can be no meaningful review by this Court, and thus they are moot. See Fink v. Hinson ,
Charlton County asserts that these issues are not moot because they are capable of repetition yet evade review. "[A] case which contains an issue that is capable of repetition yet evades review is not moot because a decision in such a case would be based on existing facts or rights which affect, if not the immediate parties, an existing class of sufferers." (Citation and punctuation omitted; emphasis supplied.) Collins ,
Here, the issues related to Charlton County's power rankings and seeding in the playoff tournaments are no longer live controversies since the games have been played, and even though the underlying issue of whether GHSA violated its rules may reoccur, it would not necessarily evade review. As demonstrated in this case, this issue will be reviewed in connection with how GHSA handled the appeal from the initial March 15 decision.
We conclude, therefore, that while any issues regarding the power rankings and seedings for the 2018 state baseball championship are moot, the issue of whether the trial court *178properly voided the appeal and ordered that the March 10 victory be awarded to Charlton *315County, resulting in a redetermination of the 2018 2A Region regular season baseball champion based on this change, as well as the issue of whether the courts may intervene to consider such issues, is not moot, and we may properly consider them.
2. We now turn to GHSA's primary argument that the issues before us are not justiciable.
GHSA asserts that it is well-settled law in this State that regulation of extra-curricular activities, such as interscholastic athletic competitions, is not a subject for judicial action. GHSA is correct that our Supreme Court has warned against judicial intervention in scholastic and other school-related matters, explaining that "[c]ourts are ill-equipped to make fundamental, legislative, and administrative policy decisions which are involved in the everyday administration of a public school system[ ]" and that "[t]he Georgia Constitution ... clearly manifests an intent to entrust the schools to the boards of education rather than the courts." (Citation, punctuation, and emphasis omitted.) Parents Against Realignment ,
But judicial restraint in this context does not mean that any decision related to interscholastic sports is non-justiciable. Charlton County's petition did not ask the trial court to substitute its discretion for that of GHSA regarding the penalty imposed against it; rather, the issue is whether GHSA must abide by its own Constitution and Bylaws in making such a discretionary determination. Therefore, this case is distinguishable from the cases upon which GHSA relies, none of which involve an assertion by a GHSA member that the association (or another named institution) failed to abide by its own rules and procedures in exercising its discretion. Rather, in each of those cases, the plaintiff(s) sought to overturn a discretionary decision or to obtain damages resulting from such a decision. See Parents Against Realignment ,
*316Ga. High School Assn. v. Waddell ,
Because we have found no Georgia cases directly considering the nature of the relationship between voluntary associations like GHSA and its dues-paying members,
*179Under this arrangement, the White Book is in the nature of an implied contract
This conclusion is supported by our prior decisions in cases involving the somewhat analogous situation of church governance. It is well settled that constitutional principles of separation of church and state normally "prevent[ ] courts from deciding questions involving a church's internal affairs in matters of theology, church discipline, or church governance." Smith v. Mount Salem Missionary Baptist Church ,
3. Turning now to the merits of the trial court's ruling, we look to the provisions of the parties' contract (i.e., the White Book) where, as here, its terms are clear and unambiguous.
*318*180Eagle Jets, LLC v. Atlanta Jet, Inc. ,
Despite this series of events, GHSA argues that no violation occurred, raising for the first time in its supplemental appellate brief following oral argument that the White Book granted Hines the discretion to rule on the appeal. In support of this argument, GHSA cites a provision of the White Book providing, "The State Executive Director shall make all arrangements for holding and conducting State Meets and Tournaments." GHSA asserts that this provision gives the Executive Director broad discretion and asserts that because this language is a more specific provision of the White Book than the appellate procedures, it should control. Pretermitting whether this language can be construed as more specific than the appellate procedures or whether it even relates to the issues remaining in this case regarding Charlton County's win-loss record and the regional championship, GHSA has failed to establish that it ever raised this issue before the trial court. It certainly does not appear in any of *319GHSA's written filings, and GHSA failed to submit a transcript of the hearing in this matter.
It is well settled that issues presented for the first time on appeal furnish nothing for us to review, for this is a court for correction of errors of law committed by the trial court where proper exception is taken. Nor may [an appellant] alter the course of its arguments mid-stream, raising issues on appeal that were not raised before the trial court.
(Citation omitted.) American Academy of Gen. Physicians, Inc. v. LaPlante ,
Accordingly, because GHSA breached its own appeal procedures when it allowed Irwin County to file an untimely appeal without sufficient time for Charlton County to respond and failed to submit the appeal to the Appeal Board for presentation of evidence, as required in the White Book, we affirm that portion of the trial court's order voiding Irwin County's appeal and directing GHSA to award the victory in the March 10 game against Lanier County to Charlton County and after that change is made to Charlton County's record, to determine the Region 2A baseball championship according to its rules and remand this case for further proceedings not inconsistent with this opinion.
Judgment affirmed and case remanded.
Barnes, P. J., and Reese, J., concur.
Although the trial court held an evidentiary hearing in this case, GHSA did not include a transcript of that hearing on appeal. The trial court's order sets out detailed findings of fact, and we rely on those findings, because in the absence of a transcript, we must assume they were supported by the evidence. Borotkanics v. Humphrey ,
That rule establishes rest periods that must be observed between pitching sessions and provides that "[a] pitcher shall not throw more than 110 pitches ... cumulative over a two-day period and cannot pitch more than two consecutive days."
Charlton County was also put on "warning" that the penalty would be doubled for any future violations.
The trial court found that although Irwin County had styled its appeal "Power Rating Appeal Letter," the letter was "in substance an appeal of the March 15 decision[,]" and, in fact, Irwin County's power rating decreased as a result of the appeal.
We note, however, that OCGA § 9-2-25 (a) expressly grants a voluntary association like GHSA the capacity to sue and be sued. Prior to the passage of this statute in 1959, Ga. L. 1959, p. 44, §§ 2-5, the Georgia Supreme Court had held that voluntary associations lacked such capacity. See Howard v. Betts ,
Because the record in this case contains only a portion of the White Book, it is possible other portions of that document contain terms creating an express contract.
OCGA § 13-3-1 provides: "To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate."
See Rigby v. Boatright ,
So, for example, if GHSA had initially required Charlton County to forfeit the March 10 game as a penalty, that decision likely would be non-justiciable.
At oral argument, counsel for GHSA asserted that GHSA provided Charlton County with sufficient due process by allowing it thirty-two minutes to appeal after Hines' ruling. We need not consider this issue, however, because Charlton County has conceded that it has not asserted any state or federal constitutional claims. But see Brentwood Academy v. Tennessee Secondary School Athletic Assn. ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.