May/June, 1982 The 70101716 66/ Number 8 Leaguer USPS 267-840 Despite Federal ruling, camp ban still uncertain The United States Supreme Court ended nal judicial authority in rule disputes is the more than four years of confusion by up­ • Related story, page 6 State Executive Committee, which is com­ holding the League's rule prohibiting high posed of University professors and adminis­ school volleyball, football and basketball nor a state agency. trators, as well as lay persons, all appoint­ players from attending specialized summer The ruling stunned UIL officials. ed by The University president. camps. Without comment, they rejected an "Whether or not the UIL is part of The "In addition, records prove as early as appeal by Houston Rocket pro basketball University was not argued in the court, nor 1917, the Texas Legislature appropriated coach Del Harris, and upheld the Nov. 20 discussed in any preliminary injunction ap­ funds for the University Interscholastic decision by the Fifth Circuit Court of pealed to the court, nor included in the body League," Farney added. "And today, per­ Appeals. of the appeal itself," Dr. Bill Farney said. sonnel appointments are made by the dean "We've maintained throughout the pro­ "We expected the court to rule on the mer­ of the Division of Continuing Education, ceedings that participation in high school its of Judge Montgomery's class action de­ and administrative appointments must be athletics is not a constitutional right but a cision, and were shocked when the court approved by the University president." privilege, and that a volunteer-member as­ refused to hear the case, based on its opin­ sociation has the right to adopt and admin­ ion that the League is not a part of UT." The UIL did not exist until UT conceived ister rules to govern its program," Dr. Bill Added Dr. Marshall: "We did realize one the idea of developing debate and other pro­ Farney said. of the criteria they might rule on was grams for public schools, Farney said. Despite the ruling, the summer camp is­ whether we are a state agency, but we felt "The idea for the UIL was developed within sue remains mired in state courts, with the the point had been firmly established in The University entirely and became an in­ Seventh District Court of Appeals ruling earlier cases." tegral part of the Bureau of Public School that the UIL is not a state agency, and is On May 18, the League returned to the Services, and more recently, the Division therefore required to post a $500 security appeals court, asking that it reconsider its of Continuing Education," he said. Songs of Summer bond to properly appeal a district court rul­ decision. No date for the appeal has been set. If the ing. "We feel the court erred in its decision in appeals court refuses to reconsider its deci­ Some 13,000 Texas high school musicians con­ Marshall's statement comes on the heels three major areas," Farney added. sion, the League will appeal to the State verged on Austin, May 29-31, for the Texas State of a whirlwind of legal activity, climaxed • While the League does not currently Supreme Court. In the meanwhile, Judge Solo-Ensemble Contest. Competition ranged from by the Seventh District Court of Appeals' receive direct apportionment from the Leg­ Montgomery's class action decision re­ twirling to tuba during the two-day festival. For opinion that the UIL is not a state agency islature, the UIL is an integral part of the mains in effect. more information, turn to page 3. and is therefore required to post a $500 se­ UT Division of Continuing Education, "We had originally appealed several de­ curity bond to properly appeal a district which received a sizeable appropriation cision to the Seventh Court of Appeals, but Elsewhere court ruling. designated for "Extension and Public Ser­ the Montgomery decision is the one we're vice" in the 1982-83 Appropriations Act. That ruling came earlier in the year, concerned with," Farney said. "In the DHow can Texas learn from other's lessons? Bailey when 100th District Judge Robert Mont­ • The League's employees are subject to other cases, a district court granted an in­ Marshall examines national trends, page 2. gomery, in a class action suit, granted an hiring procedures of The University. junction allowing students to participate in injunction forbidding the League to enforce League finances are subject to UT account­ violation of League rules. And the players • The 'me-generation' has caught up with high its camp rule. ing and auditing and the UIL is headquar­ participated, the seasons ended, and we school athletics. Bill Farney discusses its effects, The League appealed, but the court tered in UT facilities. have several moot points, since those in­ page 7. refused to hear the case, claiming the UIL • While contest rules are adopted and junctions applied only to those students in­ •By any other name, the verb should be said.' is neither part of The University of Texas changed by the Legislative Council, the fi­ volved." Bobby Hawthorne explains on page 5. Incumbents reelected Council to debate gymnastics' fate to Council positions Schools may have another swing at gym­ number of League rules, but voted to keep week earlier. Two incumbents were reelected to nastics, if the Legislative Council follows existing rules in effect. Rule change re­ • That city baseball teams be allowed to seats on the Legislative Council, the 20- the Athletic Committee's recommendation quests, which the committee either took no use school equipment. member rulemaking council. Reelected to place the item on the spring referendum action on, or will recommend that the coun­ Items due for study include: were G. W. Maxfield of Gorman, repre­ ballot. cil deny, include: senting Region II, Conference A, and • Proposal to equalize number of dis­ The committee voted during its June • That the starting date for off-season tricts in each region. Roy Dodds.of Plains, representing Re­ meeting to allow schools another opportuni­ basketball be moved to October 15. gion I, Conference AA. • Proposal to hold girls track and field ty to accept or deny gymnastics as a UIL • That the 20-game baseball season rule regional and state meets on consecutive Also elected in the spring balloting activity for conferences AAAA and be changed. weekends. was Supt. Claude Jungman of Premont, AAAAA. The proposal was defeated two • That State Track and Field Meets be • Proposal to allow regional consolation who'll represent Region IV, Conference years ago. alternated. finals in swimming. AAA. Jungman replaces Supt. S. T. "Gymnastics is growing more popular • That regional qualifiers be allowed to Brown of George West, who retired re­ each year," Dr. Bill Farney said. "We want participate in regional qualifier meets, • Proposal to place boys' and girls' dis­ cently. Brown was elected in 1981 to fill to make certain it is given every opportuni­ without those meets counting as one of trict, regional and state competition on the the unexpired term of Kenneth Flory of ty to join the League when the time is their eight meets for the year. same weekend, as well as survey schools Hondo. right." • That track meets be moved to Monday regarding the moving of the State Meet Lit­ Dodds and Maxfield both recently In other major action, the council voted or Tuesday in the event of inclement weath­ erary Meet a month earlier in the school completed their first four-year terms on to recommend to the full Legislative Coun­ er. year. the council. cil that National Federation speed up rules • That the 2:30 p.m. track rule be amend­ • Possible realignment into six UIL con­ . Dodds and Jungman are members of for baseball be used, contingent upon mutu­ ed to 12 noon. ferences. the council's music committee. Max­ al agreement of the participating schools, • That a grandfather clause in team ten­ In other action, the committee voted to field is a member of the athletic com­ and that time limitation between scrimm­ nis for AAAA to participate in AAAAA recommend that football halftimes be no mittee. ages be reduced from a week to five days. competition be allowed. longer than 28 minutes, unless prior notifi­ The committee heard argument on a • That AAAAA football practice start a cation is given. Opinion page 2 Texas should benefit from others' experiences Over the past 15 years, definite geograph­ • Greater support of school activities ic patterns have been noticed in competi­ from the general public in Texas. tive activities. Usually we find a trend, • Greater support from school adminis­ such as excessive litigation or crowd mis­ trators because of their involvement in the behavior, starts in some of the northern or rule-making and enforcement processes. eastern states. In about four or five years, Director's corner • More conservative people in Texas who we see this same social phenomenon occur- fight major changes. ing in Texas. By Bailey Marshall You can accept any or all of the reasons. A good expample of this is the litigation- What the reason or reasons may be, we do proned society we now are experiencing in want to prepare for these problems. We Texas. Approximately eight years ago, a The activities listed most often as being programming; should prepare by: national committee was formed to discuss dropped were: Boys' baseball, golf, tennis, • Cut clinics. • Doing a better job of selling the pro­ procedures for handling the cost of litiga­ wrestling, and cross-country, as well as It is a bleak picture, if we accept the hy­ grams and their values to the public and tion and means for working together to girls' golf, cross country, and gymnastics.