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.
- 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.
- The
Board heard a report on building construction updates on the new NSAA
building.
- 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.
- It was moved by Max Kroger, seconded by
Jay Bellar, to approve the audit report as presented. Motion Carried, 6-0.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The
Board heard a report indicating that the University of Nebraska-Lincoln
would permit NSAA Corporate Sponsors’ presence in University of Nebraska
Championship venues.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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