Jan. 31, 2007
 
O.J. Mayo Plays Under Court Order; Cabell County Judge Rules SSAC Rules “Chilling” on Rights; HHS Wins
 
By Tony Rutherford
Huntington News Network Writer
 
Huntington, WV (HNN) – The basketball court received a taste of civil jurisprudence when Cabell County Chief Circuit Judge Dan O’Hanlon granted petitions for a Temporary Restraining Order from O.J. Mayo, Brandon Hutchinson, Mike Morton, C.J. Crawford, Lambros Svingos, and Colin Oakley.
 
Judge O’Hanlon’s intervention came after the parties attempted to resolve their grievances with the Secondary Schools Activity Commission which maintained that the suspensions can not be appealed.
 
Stemming from Friday night’s Huntington High vs. Capital game, Mayo was levied with two technical fouls and an accusation that he pushed a referee to the floor. The reserves allegedly left the bench which resulted in their ejection.
 
Coach Lloyd McGuffin wrote that Referee Michael Lazo told Mayo before the game to “not talk with him tonight because he is not going to put up with him at all. He said he needs to keep his mouth shut.” McGuffin contends that Lazo initiated conversations with Mayo, by “taunting” as he converses with teammates at the foul line.
 
McGuffin asserts that the officials did not acknowledge his request for a time out following the first technical against Mayo. After Lazo called a second technical on Mayo, the player “asked for an explanation.” McGuffin wrote, “Lazo is walking sideways and kind of stops as he and Mayo bump. Lazo then gets his feet tangled and takes a couple of steps and flops his arms and takes a fall.”
 
Based on the officials’ handling of the incident, the opposing team received foul shots for Mayo’s two unsportsmanlike conduct technical fouls, but no shots for the technical fouls of the reserves. In fact, they were not told of their foul and ejection until one of them was not permitted to enter the game as a substitute.
 
The coach maintains that those players on the bench had “to move over as the police walked in front of our bench.”
 
Referee Lazo wrote that the first technical on Number 32 resulted from “improper behavior” following a dunk. He then claims that “as I approached the table to report my [second] technical foul, I saw #32 approaching me. As I turned my head towards him, he came in contact with me causing me to fall to the floor . While I was on the floor, #32 was using profanity.”
 
Following the statements by WVSSAC executive director, Mike Hayden, that no appeals were permitted, at least three DVD recordings of the events have been posted and/or seen which clearly repudiate Lazo’s version of events.
 
The judge ruled that these rules violate due process by not affording students a right to be heard (a hearing) before imposition of discipline. However, the judge’s ruling cited already established SSAC Rules that allow “disciplinary action against students can be protested…[and] an aggrieved party may file a protest … by filing a meaningful petition.” Furthermore, the SSAC’s rules allow the Board of Directors to “grant a waiver to a rule when it is determined the rules fails to accomplish the purpose intended or works extreme and undue hardship upon a student.”
 
O’Hanlon’s order states that “were a fair and impartial administrative hearing available to plaintiff, there is a reasonable likelihood that he would prevail.”
 
The injunction maintains “the status quo” which allows all to play pending a hearing February 9 @ 10:30 a.m.
 
The carefully worded rulings from the bench specify that the right of the referee to access the fouls is not questioned. The challenge involves the punishment and the manner in which it would be carried out.
 
O’Hanlon specifically addressed a statement that a team would be required to forfeit any games won if the player(s) did not eventually prevail.
 
“The Court finds that the threat of forfeitures has a potential ‘chilling effect’ on the right of people to come to court.” He then enjoined the WVSSAC from imposing any “forfeitures” while the proceedings in court were pending.
 
Mayo’s complaint indicated that his reputation had been harmed by the referee’s claims and that a suspension might impact upon his scholarship to USC.
 
O’Hanlon granted the TRO for those players on the bench at about 9:30 a.m. and the TRO allowing Mayo to play at 11 a.m.
 
HHS principal Greg Webb intends to look over the case once the team returns from North Carolina. He could hand down his own punishments.
 
Huntington High pulled out a squeaker in North Carolina by defeating Artesia from Lakewood, California 73-66 at the Durham Hoophall Classic. HHS trailed 40-30 at halftime. At the end of three quarters the score was tied.
 
OJ's motion for a TRO, Coach McGuffin's statement, and the referee's statement
 
The reserves complaint
 
The Restraining Order
 
Mayo's inunction and verified complaint