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Family suing school district over son being cut from team
By Amy Houston
Last Updated: September 09, 2005

A Valley Center family has filed a lawsuit against U.S.D. 262, alleging discrimination based on race in the high school basketball program.

Teresa Garvey, whose son Joe is a Valley Center High School senior, is the plaintiff in the class-action complaint for civil rights violations. A scheduling conference was held Wednesday morning before Magistrate Judge Karen Humphries in federal court.

Teresa Garvey declined to comment about the case.

“It’s unfortunate,” she said. “I really don’t want to put the school down. I don’t want to hurt anybody’s feelings.”

Her husband, Ray Garvey, also declined to comment.

“There’s nothing that I can comment on at the moment,” he said. “I’d have to refer all questions to our attorney.”

The Garveys’ attorney, Lawrence Williamson Jr., said the case is in the discovery phase when both sides may review records and take depositions. A jury trial has not been scheduled.

“It’s still way early in the process,” Williamson added.

The Valley Center school district is represented by Alan Rupe, Richard Olmstead and Patricia Dengler. Superintendent Mike Meier declined to comment on the case.

Wayne Morrow spent five years as head coach for the high school boys’ basketball team. He most recently was assisted by Matt Klusener and Kenny Carter. Morrow resigned in March and a new basketball coach, Brett Flory, was hired for this school year. Morrow is teaching and coaching in Larned.

The Garveys’ complaint alleges that selection procedures for the high school basketball team are excessively subjective.

“Selection of a sports team undoubtedly requires some subjectivity and discretion,” it states. “However, when that subjectivity and discretion is without boundaries, in the hands of racially or culturally biased coaches, such limitless discretion will have a disparate impact against minorities: just as it has in this case.”

The complaint outlines Valley Center’s cut policy and evaluation sheet for prospective basketball players. According to the policy listed in the Garveys’ complaint, the coaching staff makes a final cut for the basketball teams after a minimum of three full practices in November.

It states that students are evaluated in the mile run, vertical jump, consecutive tips, two-minute sprint, dribbling, shooting and the following intangibles: team player; heart, desire and dedication; caring; coachability; athleticism and size (positions); character; competitiveness; past basketball experiences observed; mental and physical toughness; basketball savvy; poise; intensity; passion; will to win; and will to persevere.

The complaint alleges that coaches often fail to correlate players’ scores to their completion of a task, and they fail to place a numerical value on the intangibles listed. It accuses the school district of “turning a blind eye to discriminatory impact that the neutral policies had upon the plaintiff and Class,” failing to adequately train staff and showing a deliberate indifference to Joe Garvey’s constitutional rights.

The class-action aspect pertains to minority students who were enrolled since Jan. 1, 1999, at Valley Center High School and who may have been “excluded from athletic competition because of their race, ethnicity and/or color.”

It continues: “Such discrimination has undermined and detracted from the plaintiff’s educational experience that has effectively denied plaintiff’s equal access to his school’s resources and opportunities and has had a concrete, negative effect on the plaintiff’s education. Additionally, plaintiff’s concentration level has been reduced, and anxiety increased.”

According to the complaint, damages should be awarded for the continuing offenses of lost educational benefits, financial loss, humiliation, embarrassment and mental anguish. It requests a declaration that the school district violated Title VI of the Civil Rights Act of 1964 and an order to develop and implement a plan to ensure students will not face a discriminatory educational environment. Finally, it requests that the district be ordered to provide an annual report to Williamson for three years detailing the implementation of its plan and that it be ordered to “provide such relief as is necessary to compensate plaintiff for the discrimination to which he was subjected.”

Williamson said his clients’ goal is to persuade the district, either through a jury trial or settlement, to initiate a policy that prevents coaches from reaching decisions about players based on their race and to take complaints seriously.
















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