Fayetteville back in football playoffs after restraining order, injunction against TSSAA

Tom Kreager
The Tennessean

Fayetteville's football team is undefeated again and eligible for the playoffs after a judge's ruling against the TSSAA over an ineligible player.

A temporary restraining order and injunction filed by Fayetteville High School in Lincoln County Chancery Court has been granted by Circuit Court Judge M. Wyatt Burk.

Burk wrote that the TSSAA's punishment of six game forfeitures and $600 fine be "restrained from enforcing the penalties and sanctions set forth ..."

A hearing is set for 11 a.m. Nov. 13 to determine whether the order should be extended. That date falls five days after the first round of the football playoffs, meaning Fayetteville will be eligible for the postseason unless that court date can be moved. The playoffs start Nov. 8.

Fayetteville went from 9-0 to 3-6 with the TSSAA's decision. It now would go back to 9-0 and into the postseason.

"The decision to seek relief in court was not made in haste," Fayetteville principal Adam McCormick wrote. "We feel that this course of action is the most appropriate step to address this situation for the benefit of our players and coaches."

At issue is a decision made in September by TSSAA executive director Bernard Childress declaring the Fayetteville athlete eligible. The letter said the TSSAA confirmed that the family had made a bona fide change of address to the Fayetteville High zone.

On Oct. 15, TSSAA assistant director Gene Menees contacted Fayetteville regarding a new complaint that the same student was ineligible. Fayetteville personnel requested multiple meetings with Childress regarding the issue but was told that was not possible.

Childress is currently on extended medical leave.

Menees ruled that the athlete did not live in the proper Fayetteville High territory. Per TSSAA bylaws, a transfer student must "live in the geographic boundaries and bus routes of the area served by that school as established by the local board of education."

Fayetteville provides bus routes inside the Fayetteville city limits. The athlete's listed address is outside of the city. Fayetteville High is open to all Lincoln County residents.

The complaint states that the TSSAA's constitution and bylaws include "numerous provisions that require the TSSAA executive director to perform certain duties including the initiation of investigation, notification to the school that it is being investigated, evidence-gathering, conduction hearing and determination of whether a violation has occurred, and, if so, what penalties should be imposed."

The complaint says there is no provision by which Childress may delegate his duties. 

Reach Tom Kreager at 615-259-8089 or tkreager@tennessean.com.