Montana Supreme Court has intervened in a case involving high school athlete Zayne Hert, who faced academic ineligibility due to remote learning challenges during COVID-19. The court addressed issues with the Montana High School Association’s (MHSA) decision-making process, which denied Hert’s eligibility extension request. This decision highlights problems with the timing of judicial proceedings and eligibility challenges that often become moot before resolution. Justice James Nelson had previously warned about such issues, predicting repeated occurrences unless the court intervened.
Hert’s case began when his grades dropped during remote learning, leading to ineligibility in his sophomore year. As a senior, his parents requested he be allowed to play as a fifth-year senior due to the pandemic’s disruption. Although school leaders were supportive, the MHSA denied the waiver, citing eligibility rules and providing no written explanation. District Court Judge Rennie L. Wittman upheld this, stating the case was moot as Hert had graduated. The Montana Supreme Court noted similar cases often end unresolved, referencing Nelson’s 2002 dissent warning.
The Supreme Court reversed the district court’s decision and established new guidelines for appealing MHSA rulings before they become moot. Justice Ingrid Gustafson emphasized MHSA’s role as a public agency intertwined with public schools, granting students constitutional rights to participate in extracurricular activities. The court criticized MHSA for insufficient due process, including lack of notice and record-keeping, making judicial review difficult.
The court required MHSA to provide a record of its decisions and a means for students to appeal, potentially through court. The court’s decision addressed Hert’s experience, noting the absence of written records left him disadvantaged in seeking review. The ruling stated, even without injunctive relief, declaratory relief could be available under Montana law, setting a precedent for future cases.
Key Procedural Due Process Rules:
- Notice of key decisions.
- Opportunity for students to be heard.
- A record and written decision for court review.
Justice Jim Rice, in a concurring opinion, argued that MHSA should be seen as a state actor due to its close ties with public schools, following federal cases where similar associations are treated as public entities. This decision impacts how high school associations in Montana handle eligibility and appeal processes, ensuring students’ rights are protected.
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