Updated Monday December 25th at 9:00 PM
Clarkston took a hit that many expected.
The MHSAA declared that Thomas Kithier was ruled ineligible for
the whole Boys Basketball season because Kithier’s former school Macomb Dakota did not sign the
wavier and the move was deemed for athletic reasons.
Clarkston according to the Detroit News appealed the suspension of Kithier, it was originally said to be that he would be eligible in January after Martin Luther King Day but when the MHSAA five person executive committee met last week, they extended Kithier's suspension from 90 days to 180 days.
The MHSAA stated that the move was athletically motivated and thus sent a statement according to the Detroit Free Press describing the definition of the rule. The league's rulebook in section nine and point seven states that "The student seeks to participate with teammates he or she participated in non school competition during the preceding 12 months. An ineligible transfer or student who is confirmed to have transferred for athletic reasons is ineligible for 180 scheduled school days to participate in interscholastic contest for the school in which they transferred. Even if the student's circumstances subsequently satisfy one of the exceptions in section nine that would normally would allow a transfer student immediate eligibility, the student shall remain ineligible for 180 scheduled school days at this or any other MHSAA member school."
Clarkston according to the Detroit News appealed the suspension of Kithier, it was originally said to be that he would be eligible in January after Martin Luther King Day but when the MHSAA five person executive committee met last week, they extended Kithier's suspension from 90 days to 180 days.
The MHSAA stated that the move was athletically motivated and thus sent a statement according to the Detroit Free Press describing the definition of the rule. The league's rulebook in section nine and point seven states that "The student seeks to participate with teammates he or she participated in non school competition during the preceding 12 months. An ineligible transfer or student who is confirmed to have transferred for athletic reasons is ineligible for 180 scheduled school days to participate in interscholastic contest for the school in which they transferred. Even if the student's circumstances subsequently satisfy one of the exceptions in section nine that would normally would allow a transfer student immediate eligibility, the student shall remain ineligible for 180 scheduled school days at this or any other MHSAA member school."
Kithier is going to play College Basketball at Michigan
State but the family and Clarkston is not too happy with Macomb Dakota and the MHSAA for good reason.
The Kithier family sent out a statement to the Detroit News saying
that “Our move to Clarkston was a private family decision and one we did not
take lightly. We watched our son’s school environment grew increasingly intolerable
for him over two years and we knew staying at Macomb Dakota High School was not
in his best interest. We researched several Michigan schools and found
Clarkston’s outstanding culture and academic curriculum to be a great fit for
Thomas's future needs and future goals. Thomas is striving socially and
academically at Clarkston High School but as a lifelong student athlete, he is
heartbroken to be denied the opportunity to participate in sports. We followed
the rules and our one and only motivation for transferring to Clarkston was to
surround our son with a supportive community that sees him as a multifaceted human
being and not a commodity.”
The Clarkston Administration was furious and disappointed to see the ruling
handed down. They filed a direct appeal to the MHSAA Representative Council on this situation but they will not meet until the spring. “As superintendent,
I will not tolerate injustice, prejudice, or arbitrary limiting students. We
will not impose adult decision that hampers long term achievements upon them.
We will stand up for every student in every case. Just as we expect our Wolves
to fight until the final whistle at the playing field, in the arena, in the
classroom, and battling life’s obstacles. We will fight for Thomas Kithier, he’s
our kid” said Clarkston superintendent Rod Rock.
Clarkston principal Gary Kahl was not happy with Macomb Dakota
on how they handled the Kithier situation. “The Kithier family made an educated
and thoughtful decision to move to the Clarkston School District because it
provides academic opportunities and a inclusive supporting environment they
felt was necessary for Thomas to grow as a student and a person. These are opportunities
we embrace for all students are the core of who we are, and guide our
principles. Thomas and his family found themselves in an academic situation
that he could not benefit from a toxic cultural environment that was untenable
and unhealthy. By blocking this transfer (Macomb) Dakota administration demonstrated
that they do not have Thomas best interest in mind.”
Clarkston Athletic Director Jeff Kosin said during a press conference that they did follow the rules but the MHSAA said otherwise. "We followed the rules to the letter of the law, we were in contact with the State the whole way, everything was yes, yes, yes, and when they found out it was Thomas Kithier and within seconds the conversation changed very drastically." Kosin during his conversation with the MHSAA's executive assistant Tom Rashid said that once the conversation changed "Wait what are you doing here??? if Dakota had any (expletive) then they wouldn't sign the paperwork" Kosin recalled during the press conference the conversation he had with Rashid.
Clarkston Athletic Director Jeff Kosin said during a press conference that they did follow the rules but the MHSAA said otherwise. "We followed the rules to the letter of the law, we were in contact with the State the whole way, everything was yes, yes, yes, and when they found out it was Thomas Kithier and within seconds the conversation changed very drastically." Kosin during his conversation with the MHSAA's executive assistant Tom Rashid said that once the conversation changed "Wait what are you doing here??? if Dakota had any (expletive) then they wouldn't sign the paperwork" Kosin recalled during the press conference the conversation he had with Rashid.
Wolves coach Dan Fife has been put on the defensive to
defend his program and integrity of it’s program. He said in a press release
that “During my coaching career (35 years), there has been many times where
families move to Clarkston and their sons played on my teams. My only concern
is that the families follow the rules set by the MHSAA. That is what occurred in
this case, and yet I find myself in a position of having to defend the integrity
of my player, the Clarkston Basketball program, and myself as a coach. The
MHSAA does not have a handle on these transfers and they are making an example
of Thomas.”
Fife's frustration showed in the process during the press conference surrounding the Kithier situation. "I feel there are two sets of rules here. I don't know how the State and Dakota can look in the mirror at themselves right now."
Kosin on MLive addressed the lack of credibility with the MHSAA regarding the transfers the league disregard which is true to full extent including what happened with Macomb Dakota when they got Jermaine Jackson from Mount Clemens and Jack Ballantyne from Warren DeLaSalle, both of them played last season for the Cougars and are now at Detroit."Dakota had not in the last year but in years past received several transfers that they got both academically and athletically. It was brought to our attention that until a school attests or contests or challenges the MHSAA, they are not an investigative body and will not look into those allegations until it is brought to their attention. We kind of thought that they knew what was going on. They admitted that they knew what was going on. They knew in years past, all of the transfers that keep coming across the State of Michigan, not just us, not just Dakota."
Macomb Dakota, which is in the Chippewa Valley School District sent out a statement through it's school district. "As the largest comprehensive school in the State, Dakota High School offers an outstanding educational program to more than 3,000 students each day. Our award winning high school programs are well known for being among the best in the State. Our students and staff continually win awards for excellence in academics, fine arts, and athletics at the county, State, and national level. As a member of the MHSAA, Dakota High School is required to follow rules ensuring that every player meets the eligibility requirements set by the MHSAA."
The Chippewa Valley School District mentioned in their statement that they were disappointed and laid out an interesting detail surrounding the Kithier move to Clarkston. "We are disheartened by the disparaging remarks being made against Chippewa Valley Schools in Clarkston media releases. While we understand Clarkston's disappointment with the MHSAA ruling, we feel that their negative characterization of Dakota High School is unwarranted and unnecessary. Thomas Kithier began his career in the Chippewa Valley Schools as a kindergarten student and in over the years has participated in many of the award winning programs and extracurricular activities we have to offer. He is an outstanding athlete and an excellent student. We wish him the best in his future endeavors."
The story has somewhat of an odd twist. There are a few reports that state after Kithier left Macomb Dakota and enrolled at Clarkston, he rented an apartment in the district on his own and the family moved in shortly.
According to the Detroit News there have reports that Kithier's parents stayed in Macomb to deal with a family matter. The Kithier's have said that their home in Macomb is now for sale.
The MHSAA sent out a statement explaining the situation in their own terms "An Educational Transfer Form is required for transfers that meet three exceptions. One, change of residence by a student between the homes of divorced parents or parents that never married. Second, change of residence by an 18 year old who moves without his or her parents. Third, change of residence to a boarding school." The form also requires both principals to sign off on it, and because Macomb Dakota believed the move was for athletic reasons, they did not sign off on it.
The MHSAA also said that Macomb Dakota made an formal allegation that the move was for athletic reasons. Clarkston responded to the allegation but the MHSAA Executive Committee ruled that Macomb Dakota was correct on the matter.
The Clarkston community has been very supportive of Kithier. On Thursday in the Wolves game with Flint Carman Ainsworth which resulted in a 72-67 win, the Jungle (Clarkston's student section) made signs to let Kithier play with the "Let Him Play" and have voiced their displeasure with the MHSAA on Twitter.
On Monday, the Kithier family according to the Detroit News attended the Chippewa Valley Board Of Education Meeting trying to persuade them to reconsider their decision and let Kithier play at Clarkston. "I want everyone to understand that this is an academic transfer and I'm insulted that Chippewa Valley thinks otherwise" said Kithier's mom Jane.
The reason why for the transfer that Jane Kithier said was because Macomb Dakota didn't have a media production course that her son wanted (Kithier's major would be communication with sports journalism) as Clarkston did. She also bashed Macomb Dakota on not letting her son play. "Dakota has let other students transfer and they let several football players go, so why aren't they letting Thomas play?"
Chippewa Valley Superintendent Ron Roberts opened with a statement in the case regarding the transfer. "This summer we were asked to sign a transfer agreement for Thomas to go to Clarkston High School. There was a lot of proof that made it clear to us that the transfer is what the MHSAA considers to be athletically motivated. The transfer agreement from the MHSAA requested our administrators to sign a document and attest to statements that our administration believed were not true. We discussed the issue and agreed that signing off on the document would put us in unenviable and unacceptable position of lying to the MHSAA. We made the MHSAA aware of our reason for not signing the document and let them know of our concerns. It appeared clear to us that the circumstances behind the transfer were a direct violation of MHSAA rules. That is where Chippewa Valley's involvement ended."
Chippewa Valley schools were not considering reversing it's decision.
Clarkston's school board condemned the decision and passed a resolution calling for the reinstatement of Kithier's eligibility.
Michigan State where Kithier will be attending next season made some statements regarding the situation. "I am not crazy about the ruling that I've heard. I think we're arachiac in our thinking on this. I think one way or the other this is going to bring some changes to how we look at it from the Michigan High School Athletic Association. To me, a very sad situation because I hate when a senior does not get a chance to go to prom and play basketball or do this or that, that's why I'm against some of these things and all these kids leaving. I'm not even in favor of the football rule where they come at the semester, personally because I think you're missing out on a lot of things and I think we have to find a way to do a better job with the rules to make so there are rules but there are also adjustments to the rules that will take place in the future" said Kithier's future coach Tom Izzo.
Izzo made mention that he was partly to blame for what happened to Kithier. "I think he was going to a prep school. I'm not as crazy about that. I hate when the kids from the State of Michigan are all leaving because of my love for the State. I hope it doesn't cost him but I don't know enough about all of it because I didn't think it would come to this."
Izzo also defended Fife as well through all of this. "Dan Fife had zero- ZERO- to do with this, and early on, his name was getting dragged through like he's a recruit??? Zero, Zero."
Fife's frustration showed in the process during the press conference surrounding the Kithier situation. "I feel there are two sets of rules here. I don't know how the State and Dakota can look in the mirror at themselves right now."
Kosin on MLive addressed the lack of credibility with the MHSAA regarding the transfers the league disregard which is true to full extent including what happened with Macomb Dakota when they got Jermaine Jackson from Mount Clemens and Jack Ballantyne from Warren DeLaSalle, both of them played last season for the Cougars and are now at Detroit."Dakota had not in the last year but in years past received several transfers that they got both academically and athletically. It was brought to our attention that until a school attests or contests or challenges the MHSAA, they are not an investigative body and will not look into those allegations until it is brought to their attention. We kind of thought that they knew what was going on. They admitted that they knew what was going on. They knew in years past, all of the transfers that keep coming across the State of Michigan, not just us, not just Dakota."
Macomb Dakota, which is in the Chippewa Valley School District sent out a statement through it's school district. "As the largest comprehensive school in the State, Dakota High School offers an outstanding educational program to more than 3,000 students each day. Our award winning high school programs are well known for being among the best in the State. Our students and staff continually win awards for excellence in academics, fine arts, and athletics at the county, State, and national level. As a member of the MHSAA, Dakota High School is required to follow rules ensuring that every player meets the eligibility requirements set by the MHSAA."
The Chippewa Valley School District mentioned in their statement that they were disappointed and laid out an interesting detail surrounding the Kithier move to Clarkston. "We are disheartened by the disparaging remarks being made against Chippewa Valley Schools in Clarkston media releases. While we understand Clarkston's disappointment with the MHSAA ruling, we feel that their negative characterization of Dakota High School is unwarranted and unnecessary. Thomas Kithier began his career in the Chippewa Valley Schools as a kindergarten student and in over the years has participated in many of the award winning programs and extracurricular activities we have to offer. He is an outstanding athlete and an excellent student. We wish him the best in his future endeavors."
The story has somewhat of an odd twist. There are a few reports that state after Kithier left Macomb Dakota and enrolled at Clarkston, he rented an apartment in the district on his own and the family moved in shortly.
According to the Detroit News there have reports that Kithier's parents stayed in Macomb to deal with a family matter. The Kithier's have said that their home in Macomb is now for sale.
The MHSAA sent out a statement explaining the situation in their own terms "An Educational Transfer Form is required for transfers that meet three exceptions. One, change of residence by a student between the homes of divorced parents or parents that never married. Second, change of residence by an 18 year old who moves without his or her parents. Third, change of residence to a boarding school." The form also requires both principals to sign off on it, and because Macomb Dakota believed the move was for athletic reasons, they did not sign off on it.
The MHSAA also said that Macomb Dakota made an formal allegation that the move was for athletic reasons. Clarkston responded to the allegation but the MHSAA Executive Committee ruled that Macomb Dakota was correct on the matter.
The Clarkston community has been very supportive of Kithier. On Thursday in the Wolves game with Flint Carman Ainsworth which resulted in a 72-67 win, the Jungle (Clarkston's student section) made signs to let Kithier play with the "Let Him Play" and have voiced their displeasure with the MHSAA on Twitter.
On Monday, the Kithier family according to the Detroit News attended the Chippewa Valley Board Of Education Meeting trying to persuade them to reconsider their decision and let Kithier play at Clarkston. "I want everyone to understand that this is an academic transfer and I'm insulted that Chippewa Valley thinks otherwise" said Kithier's mom Jane.
The reason why for the transfer that Jane Kithier said was because Macomb Dakota didn't have a media production course that her son wanted (Kithier's major would be communication with sports journalism) as Clarkston did. She also bashed Macomb Dakota on not letting her son play. "Dakota has let other students transfer and they let several football players go, so why aren't they letting Thomas play?"
Chippewa Valley Superintendent Ron Roberts opened with a statement in the case regarding the transfer. "This summer we were asked to sign a transfer agreement for Thomas to go to Clarkston High School. There was a lot of proof that made it clear to us that the transfer is what the MHSAA considers to be athletically motivated. The transfer agreement from the MHSAA requested our administrators to sign a document and attest to statements that our administration believed were not true. We discussed the issue and agreed that signing off on the document would put us in unenviable and unacceptable position of lying to the MHSAA. We made the MHSAA aware of our reason for not signing the document and let them know of our concerns. It appeared clear to us that the circumstances behind the transfer were a direct violation of MHSAA rules. That is where Chippewa Valley's involvement ended."
Chippewa Valley schools were not considering reversing it's decision.
Clarkston's school board condemned the decision and passed a resolution calling for the reinstatement of Kithier's eligibility.
Michigan State where Kithier will be attending next season made some statements regarding the situation. "I am not crazy about the ruling that I've heard. I think we're arachiac in our thinking on this. I think one way or the other this is going to bring some changes to how we look at it from the Michigan High School Athletic Association. To me, a very sad situation because I hate when a senior does not get a chance to go to prom and play basketball or do this or that, that's why I'm against some of these things and all these kids leaving. I'm not even in favor of the football rule where they come at the semester, personally because I think you're missing out on a lot of things and I think we have to find a way to do a better job with the rules to make so there are rules but there are also adjustments to the rules that will take place in the future" said Kithier's future coach Tom Izzo.
Izzo made mention that he was partly to blame for what happened to Kithier. "I think he was going to a prep school. I'm not as crazy about that. I hate when the kids from the State of Michigan are all leaving because of my love for the State. I hope it doesn't cost him but I don't know enough about all of it because I didn't think it would come to this."
Izzo also defended Fife as well through all of this. "Dan Fife had zero- ZERO- to do with this, and early on, his name was getting dragged through like he's a recruit??? Zero, Zero."
Thoughts.
Is this case over??? Probably Not.
Why???
Because there are legal issues here, the Kithier family and
the Clarkston Administration could sue the MHSAA and Macomb Dakota in Ingham County Circuit Court Lansing if they go that route.
And it appears they just did that.
On Friday the Kithier family according to Scott Burnstein of State Champs filed a lawsuit against the MHSAA and Macomb Dakota. According to Satellite Sports the family has hired two well known attorneys in Steve Fishman and Ven Johnson.
"Dakota's gross misconduct has threaten Thomas ability to attend Clarkston High, the school of his choice simply because they would be losing their start basketball player. A high school senior and legal adult should be allowed to attend anywhere he or she wants. Whether that includes basketball, volleyball, being a member of the marching band or of the drama club is completely irrelevant" said Johnson. "If the MHSAA's arbitrarily and capricious decision is allowed to stand Thomas would be irreparably harmed. Ven Johnson and I are investigating every legal option available to Thomas and his family and will be moving forward immediately. This young man deserves all the fruits of his hard work and dedication" said Fishman.
WDIV TV in Detroit reported that the case will be handled in Detroit Federal Court and not in Ingham County Circuit Court. The Kitchier family and attorneys believes that the case against the MHSAA and Macomb Dakota was unconstitutional and saying that his rights were violated.
And it appears they just did that.
On Friday the Kithier family according to Scott Burnstein of State Champs filed a lawsuit against the MHSAA and Macomb Dakota. According to Satellite Sports the family has hired two well known attorneys in Steve Fishman and Ven Johnson.
"Dakota's gross misconduct has threaten Thomas ability to attend Clarkston High, the school of his choice simply because they would be losing their start basketball player. A high school senior and legal adult should be allowed to attend anywhere he or she wants. Whether that includes basketball, volleyball, being a member of the marching band or of the drama club is completely irrelevant" said Johnson. "If the MHSAA's arbitrarily and capricious decision is allowed to stand Thomas would be irreparably harmed. Ven Johnson and I are investigating every legal option available to Thomas and his family and will be moving forward immediately. This young man deserves all the fruits of his hard work and dedication" said Fishman.
WDIV TV in Detroit reported that the case will be handled in Detroit Federal Court and not in Ingham County Circuit Court. The Kitchier family and attorneys believes that the case against the MHSAA and Macomb Dakota was unconstitutional and saying that his rights were violated.
Fife is exactly right on the MHSAA. The MHSAA has lost
control on the transfer situation. It has allowed a culture in which kids and
families can come in to other districts unchecked and allow kids to play right
away if they move into district. We are seeing a lot more kids transfer into
schools primarily for athletic reasons.
When it comes to the MHSAA and the transfer situation they have been truly inconsistent with this policy. It is no secret that families often use the loophole to move their kids into district where they can play immediately. There are cases where it is athletically motivated but the MHSAA ignores the rule and allows them to play and there are kids who do go for academic reasons.
When it comes to the MHSAA and the transfer situation they have been truly inconsistent with this policy. It is no secret that families often use the loophole to move their kids into district where they can play immediately. There are cases where it is athletically motivated but the MHSAA ignores the rule and allows them to play and there are kids who do go for academic reasons.
It is no secret that Clarkston is a very good academic
school, they are one of the best in Oakland County. They are also Open
Enrollment. The MHSAA needs to truly be specific in regards to transfers.
What we have learned is that in the case of a transfer the other
team’s Athletic Director or someone in the Administration has to sign off on
allowing the student to transfer to another district and play High School
Athletics in that district. Most times it is granted. In this case it was not
granted.
It is no secret that the Kithier family and the Macomb
Dakota Administration have had some issues in the past both academically and athletically. There had been some tension for some time between the two parties. This tension influenced the Kithier family to look at other options and concluded that Clarkston would be the best fit for their son.
There has been some perception that Kithier was transferring to Clarkston primarily to play his Senior year alongside his future Michigan State teammate Foster Loyer and that caused some red flags with Macomb Dakota who had been eliminated two of the last three years by the Wolves.
There has been some perception that Kithier was transferring to Clarkston primarily to play his Senior year alongside his future Michigan State teammate Foster Loyer and that caused some red flags with Macomb Dakota who had been eliminated two of the last three years by the Wolves.
Clarkston is the defending State Champs in Class A whom do
return two other future Big Ten players in Loyer and Wisconsin commit Taylor
Currie and not to mention future Division One recruit in CJ Robinson. The
Wolves also have Tristen Mysen, Chase Wasilk, Nick Wells, among others. Mysen transferred
from Oxford, Hank Schimmel transferred to Clarkston from Maryland. It sounds
like each of the Athletic Directors signed off on the request.
You have to wonder if Kithier had went to a Prep School or
any other school who was not a strong basketball power, would this have
happened??? The Kithier family has said they moved to Clarkston for academic
reasons but that perception and the issues were what triggered Macomb Dakota
and coach Paul Tocco to complain to the MHSAA that the move was athletically motivated.
It will be interesting to see what happens going forward,
will Kithier ever be allowed to play for Clarkston??? Rock said that he believes that we will see Kithier in a Wolves uniform this season "I expect Thomas Kithier to be playing basketball for Clarkston by January 15th."
January 15th is the start of the second semester.
We'll find out.
January 15th is the start of the second semester.
We'll find out.
Stay tuned to OAA Now for the latest on this developing situation.
WDIV Story.
https://www.clickondetroit.com/sports/clarkston-student-to-go-to-federal-court-after-being-ruled-ineligible-for-basketball-season
Satellite Sports.
WDIV Story.
https://www.clickondetroit.com/sports/clarkston-student-to-go-to-federal-court-after-being-ruled-ineligible-for-basketball-season
Satellite Sports.
https://statelinesportsnetwork.net/2017/12/15/clarkstons-thomas-kithier-will-take-mhsaa-and-dakota-high-school-to-court-to-regain-eligibility/
Izzo Statements.
http://www.detroitnews.com/story/sports/college/michigan-state-university/2017/12/11/mhsaa-recruit-ruling-riles-izzo/108527344/
Third Detroit News Story
http://www.detroitnews.com/story/sports/college/michigan-state-university/2017/12/11/kithier-family-pleads-case-school-board/108528356/
MLive Story
http://www.mlive.com/sports/detroit/2017/12/clarkston_still_fighting_while.html
Detroit News Story Part Two.
http://www.detroitnews.com/story/sports/high-school/2017/12/08/clarkston-official-details-sticking-point-thomas-kithier-case/108444074/
The Oakland Press Article
http://www.theoaklandpress.com/sports/20171208/clarkston-vows-to-fight-on-behalf-of-thomas-kithier
For the Detroit Free Press Article
https://www.freep.com/story/sports/high-school/2017/12/07/msu-hoops-commit-thomas-kithier-ineligible/933023001/
Izzo Statements.
http://www.detroitnews.com/story/sports/college/michigan-state-university/2017/12/11/mhsaa-recruit-ruling-riles-izzo/108527344/
Third Detroit News Story
http://www.detroitnews.com/story/sports/college/michigan-state-university/2017/12/11/kithier-family-pleads-case-school-board/108528356/
MLive Story
http://www.mlive.com/sports/detroit/2017/12/clarkston_still_fighting_while.html
Detroit News Story Part Two.
http://www.detroitnews.com/story/sports/high-school/2017/12/08/clarkston-official-details-sticking-point-thomas-kithier-case/108444074/
The Oakland Press Article
http://www.theoaklandpress.com/sports/20171208/clarkston-vows-to-fight-on-behalf-of-thomas-kithier
For the Detroit Free Press Article
https://www.freep.com/story/sports/high-school/2017/12/07/msu-hoops-commit-thomas-kithier-ineligible/933023001/
For the Detroit News Article it can be found right here.
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