Hernando County Judge Donald Scaglione
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Published: November 20, 2008
In the simplest of football terms, it's fourth and long. And the coach has elected not to punt. Here comes a Hail Mary.
That's exactly what the beleaguered Nature Coast Technical football program is attempting.
On Thursday afternoon, the NCT Football Booster Club, headed up Greg Jarque and attorney Scott White, just missed getting an audience with Hernando County Judge Donald Scaglione in his courtroom.
There was a singular purpose.
NCT will try one last time to get a third party to look at the perceived harsh sanctions meted out Wednesday by the state's governing body of athletics — the Gainesville-based Florida High School Athletic Association.
The FHSAA, in part, fined NCT a county-record $10, 400 for three major violations stemming from the Nov. 7 melee in the darkened stadium at Groveland-South Lake High School.
Appeal time
NCT's sixth-year Principal Margaret "Tizzy" Schoelles began an appeal process on Thursday by initially sending a letter to FHSAA's Executive John Stewart.
In the appeal letter, Schoelles said, "I feel the sanctions against our football program were excessive and that due process has not been offered to all of our players.
"According the game official's report to the FHSAA, it pointed out that only (center) Brad Lucier and (Head Coach) Jamie Joyner were on the field during the incident. I am in search of an honest man," decried Schoelles. "We were fined $100 per person and they weren't near the field. Someone had to have done the right thing when the coaches told them to back away to the fence line. What evidence is there that can justify fining everyone (48 NCT people) on the field in total darkness? And all this in the face of statements to the contrary.
"I cannot accept that no one followed the coaches' statements to retreat as we were instructed to do by our coaches."
The NCT Booster Club retained an attorney, Smith, on the advice of Hernando County School Board Counsel's Paul Carland.
White is petitioning the court on behalf of the boosters and children involved that the FHSAA's punishment doled out to NCT was, as according to Schoelles, "excessive, especially considering the amounts that have varied in similar instances in the past."
White may also have precedent for a favorable ruling.
In a similar situation, Madison County High School appealed a 2006 suspension handed down by the FHSAA. The presiding judge ruled in Madison County's favor and that allowed the team to play. MCHS eventually finished 1-1 in the playoffs.
That's all the Shark faithful are attempting to do.
Spring Hill's Greg Jarque, whose son Greg also plays for NCT, has led the crusade to allow the boys to play the Williston Red Devils as previously scheduled tonight at Shark Tank Stadium.
"What is happening here is totally unjust," insisted Jarque. "And I feel like those boys should play. They've already forfeited an unbeaten season. There are 25 seniors who want a chance to play more time. This is devastating to them and our community. For the sake of the kids, I want to see them go on.
"Personally, I think the FHSAA sent down a ruling and punished the innocent because they could not determine who the guilty parties were in the dark."
Jarque added, "We (boosters) have the support of a couple school board members and the blessing of the superintendent (Dr. Wayne Alexander), so we're filing a petition to have Judge Scaglione review this case and hopefully issue an injunction beginning at 8:01 Friday morning to allow our boys to play."
Jarque believes not only is there precedent for an injunction, "But where's the FHSAA's evidence that 48 of our kids crossed the line on to the field in total darkness?"
He continued, "I was there. We didn't have 48 kids on the field. That's a non-issue, yet we're being fined $4,800 for that," he added. "And just what constitutes bench clearing. If any of our kids got up off the bench and retreated as they were told, is that bench clearing?"
Jarque said he has already written out a check for the $340 fee for Scaglione to hear the case.
He said Scaglione can either make a ruling or ask for a hearing.
"Judge Scaglione is well within his power to make a decision that allows this team to play," he pointed out. "I haven't heard a thing about playing on Saturday. If we received a favorable ruling, we will have a game tomorrow (Friday) night."
That is barring any more Hail Mary's.
Sports Editor Tony Castro can be reached at (352) 544-5278 or online at acastro@hernandotoday.com.
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