NEBRASKA SCHOOL ACTIVITIES ASSOCIATION

OFFICIAL MINUTES OF THE BOARD OF CONTROL

 

The Board of Control met November 14, 2007, at the Nebraska School Activities Association Office, Lincoln, Nebraska, with members present as follows.

                                      District I              -- Terry Kenealy, York

                                      District II            --  Dr. Bob Reznicek, Omaha Westside

                                      District III           --  Jay Bellar, Battle Creek

                                      District IV           --  Max Kroger, Ord

                                      District V            --  Dr. Dallas Watkins, Dundy County-Stratton

                                      District VI           --  Kent Halley, Mitchell

 

Rick Moses, Nebraska Department of Education liaison; Rex Schultze, NSAA legal counsel; Stu Pospisil, Omaha World Herald; Athletic Director Larry Munksgaard, Lincoln Southeast; parents Dave and Lisa Kastanek; parent Kelli Jo Hinrichs; and Bob Fuller, Plattsmouth High School, were also in attendance.

 

Chairman Dallas Watkins called the meeting to order at 9:00 a.m.

 

  1. It was moved by Max Kroger, seconded by Kent Halley, to approve the Consent Agenda as presented and revised.  Items on the Consent Agenda included approval of the following: the agenda for the meeting as presented, minutes of the October 5, 2007, meeting; the October 2007 Financial Statement; and approval of the cooperative sponsorship renewal for Omaha Roncalli High School and Omaha Brownell-Talbot High School for baseball; and Sidney High School and Potter-Dix High School for boys and girls cross country.  Motion Carried, 6-0. 
  2. The Board heard a report on building construction updates on the new NSAA building.
  3. Auditor Kurt Micek reported on the audit of the Association’s 2006-07 financial records. It was moved by Terry Kenealy, seconded by Dallas Watkins, to enter executive session at 9:45 a.m. to further discuss the audit report.  Motion Carried, 6-0.  It was moved by Kent Halley, seconded by Max Kroger, to exit executive session at 10:10 a.m.  Motion Carried, 6-0.
  4. It was moved by Max Kroger, seconded by Jay Bellar, to approve the audit report as presented.  Motion Carried, 6-0.
  5. Lincoln Southeast High Schools was represented by Athletic Director Larry Munksgaard, and parents Dave and Lisa Kastanek, to verify the domicile for student Marissa Kastanek.  Following a presentation of the evidence, those representing the students provided clarifying information and answers to Board members’ questions.  The hearing concluded with notification that the Board would take action on the appeal later in the meeting.
  6. Lincoln Southeast High School was represented by Athletic Director Larry Munksgaard, and parent Kelli Jo Hinrichs, to seek a waiver of the individualized practice rule for student Lilly Hinrichs.  Following a presentation of the information, those representing the student provided clarifying information and answers to Board members’ questions.  On a motion by Terry Kenealy, seconded by Bob Reznicek, the Board determined that student Lilly Hinrichs be allowed to participate in high school swimming and diving beginning next year as a freshman at Lincoln Southeast High School and be allowed to practice with the USA Diving Talent Development Program concurrently.  Motion Carried, 6-0.
  7. It was moved by Jay Bellar, seconded by Max Kroger, to enter executive session at 11:20 a.m. to discuss the hearing.  Motion Carried, 6-0.  It was moved by Jay Bellar, seconded by Bob Reznicek, to exit executive session at 11:50 a.m.  Motion Carried, 6-0.
  8. It was moved by Kent Halley, seconded by Terry Keneally, to enter executive session at 12:05 p.m. to continue the discussion on the hearing.  Motion Carried, 6-0.  It was moved by Terry Keneally, seconded by Jay Bellar, to exit executive session at 1:20 p.m.  Motion Carried, 6-0.
  9. On a motion by Max Kroger, seconded by Jay Bellar, based on their findings of fact, the Board determined that the change of domicile asserted by the findings did not represent a bona fide change of domicile as stipulated in Bylaw 2.6.1.1.,  and that Lincoln Southeast student Marissa Kastanek is ineligible for varsity competition for 90 school days.  Motion Carried, 6-0.  Those findings follow:

 

This matter comes before the Board of Control on a request for hearing by Lincoln Southeast High School on behalf of Marissa Kastanek for purposes of a hearing on the verification of parental domicile under NSAA Bylaw 2.6.1.1.  NSAA Bylaw 2.6.1.1 requires the Board of Control to determine whether the parents of Marissa Kastanek have made a bona fide change in domicile.  The parents of Marissa Kastanek, Mr. and Mrs. David Kastanek, were provided an opportunity to present information at the hearing before the Board of Control in support their request for a determination of a change in the parents’ permanent domicile from the Crete Public School District to the Lincoln Public School District.

 

The information presented by Mr. and Mrs. Kastanek at the hearing establishes that (1) the family residence located on a 40-acre homestead in the Crete Public School District remains under the ownership and control of the Kastaneks; (2) the Kastaneks have enter into a standard one-year lease of an apartment in Lincoln, Nebraska for a period of November 1, 2007 through October 31, 2008, and the Kastaneks have moved personal property (furnishings) to such apartment; (3) the Kastanek children of school age, Marissa, grade 11, and Alexa, grade 7, have transferred to the Lincoln Public Schools on October 29, 2007 and November 5, 2007 respectively; (4) Mrs. Kastanek has been commuting to Lincoln from the Crete residence for nearly 20 years for purposes of her employment; (5) the Kastanek’s 5-year-old son has been enrolled in day care in Lincoln since infancy. 

 

Mrs. Kastanek stated that the family had been considering a transfer to Lincoln for several years due to frequent trips to Lincoln for her employment and children activities and family medical and the Kastanek's family needs.  The Board would note that while the Kastaneks stated that they would save mileage costs for Mrs. Kastanek’s commute to Lincoln, the cost of the rental for the apartment and frequent family trips, Mr. Kastanek stated that he would need to commute to the farm near Crete on a nearly daily basis which would negate some of those savings.  Further, if the family remained in the family residence in Crete, the cost of transportation for Marissa and Alexa and travel time on the road would remain negligible.

 

The Kastaneks were asked about when they became aware of a change in coaching circumstances related to the team upon which Marissa would participate relative to the timing of Marissa’s transfer to Lincoln Southeast.  The Kastanek’s stated that they did not recall when they learned of the coaching change. Additional information obtained at the hearing and through inquires by the Association establishes that the transfer of Marissa Kastanek from Crete High School to Lincoln Southeast High School occurred after information was received by the Kastaneks on or about October 19, 2007 of a change in coaching circumstances related to the team upon which Marissa would participate and was motivated for purposes of participating in athletics, specifically basketball.  The Board would note that Marissa could have transferred for the 2007-08 school year by filing a transfer application on or before March 15, 2007.

 

On the basis of the foregoing the Board of Control finds that (1) while the Kastaneks have entered into an apartment lease and Marissa and Alexa have transferred schools, the Kastaneks continue to own and have available as their domicile the family home in the Crete School District, and, (2) the rental of and residence at the apartment in Lincoln, Nebraska by the Kastaneks was not intended to be a bona fide permanent change in the domicile of the family as required by Bylaw 2.6.1.1.

 

Therefore, on the basis of the foregoing, the Board of Control, should, and does hereby, find and determine that there has not been a change in domicile of the parents of Marissa Kastanek, and therefore Marissa Kastanek is determined to be ineligible for varsity competition in NSAA activities at Lincoln Southeast High School for a period of 90 school days beginning October 29, 2007.

 

It was moved by Board Member Max Kroger, seconded by Board Member Jay Bellar, to adopt the Findings of Fact and Determination.  Voting Aye:  Board members Terry Kenealy, Bob Reznicek, Jay Bellar, Max Kroger, Dallas Watkins, and Kent Halley.  Voting Nay:  None. 

 

Having been consented to by a majority of the members of the Board of Control, the Board Chairman declared the motion passed and adopted at a duly held and lawfully convened meeting.

 

  1. The Board discussed those proposals that were advanced from the November District Meetings.  Those proposals will be considered by the membership at the January NSAA District Meetings.
  2. The Board heard a report indicating that the University of Nebraska-Lincoln would permit NSAA Corporate Sponsors’ presence in University of Nebraska Championship venues.
  3. The Board discussed the scheduling of the 2009 and subsequent years State Football Finals when UNL has a home game on the traditional Football Finals weekend.
  4. It was moved by Bob Reznicek, seconded by Terry Kenealy, to survey the Class B football schools in regard to scheduling one playoff game per week with the understanding that a full-schedule may not be a possibility and that out-of-state and out-of-class scheduling may be incorporated.  Motion Carried, 6-0.
  5. On a motion by Jay Bellar, seconded by Terry Kenealy, the Board approved an all-day pass for the State Softball Championships.  Motion Carried, 6-0.
  6. It was moved by Bob Reznicek, seconded by Max Kroger, to grant permission to the seven Omaha Public Schools to share a coach for diving and to share a coach for pole vault.  Motion Carried, 6-0.
  7. It was moved by Bob Reznicek, seconded by Terry Kenealy, to approve new cooperative sponsorships for Sandhills High School and Thedford High School for 8-man football, volleyball, wrestling, basketball, track and boys golf; Orchard High School and Clearwater High School for 8-man football; and Rock County High School and Keya Paha County High School for 8-man football with the understanding that if the combined enrollment exceeds 83, the cooperative sponsorships may participate in 8-man football but would not be eligible for the football playoffs.  Motion Carried, 6-0.
  8. Dr. Tenopir reported that the hosting agreements for cross country, volleyball, girls’ golf, speech, debate, and soccer are due for renewal.  It was recommended that proposals for cross country, volleyball and girls’ golf be heard in January and that speech, debate and soccer be considered in April.  It was moved by Bob Reznicek, seconded by Max Kroger, to solicit proposals for these state contests.  Motion Carried, 6-0.
  9. The Board heard a report on infractions by member schools that resulted in sanctions.  Tekamah-Herman High School violated the individualized instruction rule; a letter of reprimand was issued.  Head speech and play production sponsors who did not attend a rules meeting, first offense: Don Plinsky, Wood River High School.  Head play production sponsors who did not attend a rules meeting, first offense:  Kevin Barratt, Omaha Benson High School and John Gibson, Omaha Central High School.  Head speech sponsors who did not attend a rules meeting, first offense:  Brain Carlson, College View Academy and Donna Dechant, Omaha Central High School.  Head speech and play production sponsor who did not attend a rules meeting, second offense, suspending her from coaching in district and state competition, Dee Thompson, Sumner-Eddyville-Miller High School.  Head speech coach who did not attend a rules meeting, second offense, suspending her from coaching in district and state competition, Connie Savage, Paxton High School.  Head swimming and diving coaches who did not attend a rules meeting, first offense, Docker Hartfield, Ralston High School and Doug Krecklow, Omaha Westside High School.  Head swimming and diving coach who did not attend a rules meeting, second offense, suspended from coaching in state competition, Dave Tyler, Millard North High School.

 

There being no further items, the Board adjourned the meeting at 3:00 p.m.

 

The next meeting of the Board of Control will be held in Kearney on December 7, 2007.

 

                                                  ___________________________________

                                                  Debra Velder

                                                  Associate Director