Dispute embroils Sunset playoffs

Western High School's boys basketball team might still have a chance to get into the Sunset Region playoffs - if they ever start.

On Tuesday, hours after District Court Judge Stefany Miley dissolved the temporary restraining order filed Friday by a Western player that would have allowed the Warriors to compete in the Sunset playoffs, the school filed a Level 2 appeal with the Nevada Interscholastic Activities Association, asking to have four forfeits overturned.

The Sunset playoffs are scheduled to start today.

Less than two weeks ago, Western forfeited four games for using an ineligible player. The Warriors appealed the forfeits to the NIAA, but NIAA executive director Eddie Bonine denied the appeal.

As a result, Western dropped from second place to fifth in the Southwest League. The Warriors finished fifth and missed qualifying for the postseason by one game.

At that time, Western chose not to pursue the appeal further, but attorney Justin Pingel, on behalf of Western senior forward Kristopher Coleman, filed the restraining order Friday.

Miley ruled in accordance with the Nevada Administrative Code that Coleman didn't have standing to file the order in district court and dissolved it.

"The court notes that there are no representatives from Western High School here ... the administrative remedies should be exhausted, and the entity that should exhaust them is Western High School," Miley said in her decision. "Apparently Western has not exercised stage two of the appellate process.

"The court's role is very narrow in that it is a judicial review."

Under NIAA rules, Western had the right to appeal the forfeits and did so, claiming that fifth-year senior Ravon Robinson did not contribute to the team's wins in the games in which he participated - twice against Pahrump Valley and once each against Durango and Bonanza.

A fifth-year senior is not eligible to participate in interscholastic athletics.

When Bonine denied the appeal, Western could have immediately used a second-level appeal and had the matter heard by an independent hearing officer.

NIAA legal counsel Paul Anderson said Western was informed of the decision on the appeal Feb. 10 but did not then pursue a second-level appeal.

Calls seeking comment from Western's administration were not returned.

"I was brought in after that point," Pingel said. "I don't know why Western didn't appeal. The only real option we had was to come before the court to get a temporary restraining order."

But after Miley's decision Tuesday, a handful of Western supporters quickly called the school, asking the administration to file the appeal.

Bonine said late Tuesday afternoon the appeal had been filed, but when the appeal will be heard is a huge question.

As of Tuesday afternoon, no hearing officer had made contact with the NIAA to set up a date and time for the hearing, which can be conducted by telephone if all parties agree.

Bonine said in most cases it takes seven days to coordinate schedules and get arguments ready to be heard by an officer. After the hearing, the officer has up to 14 days to decide on the case.

Based on that time frame, the playoffs would be over.

"We will plead with the officer under the time restrictions to get the hearing going as quickly as we can," Bonine said. "Right now, it's a matter of trying to find a state hearing officer and setting it up."

As a result, there's almost no way the Sunset playoffs can start today, as three of the four matchups would be affected.

"We're probably looking at a minimum of a one-day delay," Bonine said.

Had the order been granted, the NIAA probably would have also delayed the start of the Sunset playoffs. Nevada law allows for the NIAA to postpone postseason activities until all legal matters surrounding them are resolved.

"The judge followed the law," Anderson said.

For now, that means Western is out of the playoffs, and Spring Valley, which would have been eliminated had any of the forfeits been overturned, is in.

"You heard how my side feels," Pingel said. "They would have won those four games without Ravon Robinson."

Contact reporter Bartt Davis at bdavis@reviewjournal.com or 702-387-5230.