OKLAHOMA CITY —
“... imposition of steep monetary penalties, without an apparent basis in the OSSAA’s Constitution, Rules or Policies, is likewise arbitrary and capricious,” the court wrote.
While Scott attended some camps after the policy took effect, the court said it was so disturbed by the OSSAA’s reaction that the entire case against the player had to be thrown out entirely. It also said that since the playoff season was over, it wanted to take up the case regardless.
“If controversies regarding the OSSAA’s decision concerning eligibility were to become moot each time merely because the events in question had already occurred, all the OSSAA would need to do to perpetually evade review of its actions is to delay a decision until the event occurs,” the court wrote.
In a dissent, two justices noted that while an investigation began in July 2012, the school didn’t provide details until three months later. They said the school appeared to be “intentionally slow in hopes of making it through as much of the season as possible.”