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McClymonds QB appeal denied by CIF, family seeks court injunction

BKWRDKUROUT

Sports Fanatic
Apr 28, 2007
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The CIF denies McClymonds quarterback Kevin Davidson appeal for eligibility after Oakland Section rules transfer improprieties.

The CIF has denied an appeal of McClymonds (Oakland, Calif.) junior
quarterback Kevin Davidson, according to Oakland Section commissioner Russell White, and the Warriors, 12-0 on the field, will forfeit the four games in which he played.
White said that Davidson's family is currently seeking a court injunction with the hopes the 6-foot-4, 220-pound junior gains
back his eligibility before the CIF commissioners meet to decide the Region Bowl Championship finalists on Sunday.

The Oakland Unified School District ruled Davidson ineligible Oct. 17 for residential issues and transferring from San Ramon Valley-Danville for athletic reasons.

Davidson, an FBS prospect, played the first four games of the season and threw for more than 1,100 yards and 19 touchdowns.

Reached by text, Davidson said his fate "is still in process. Should know by Friday." McClymonds coach Michael Peters did not immediately return messages.

At the time of the ruling, OUSD spokesman Troy Flint said the district would not seek to vacate the four victories Davidson played in.

But White, noting bylaw 103 of the Oakland Section, said the Warriors must forfeit the games. The bylaw reads: "If a school plays an ineligible student, knowingly or unwillingly (sic), in any contest involving team play. …that contest shall be forfeited."

"Being a commissioner, I have to uphold the section bylaws and not allow my personal feelings get in the way," White said.

With a 17-8 win over Fremont-Oakland Friday, McClymonds won its fifth straight Oakland Section title, and by doing so will be considered for one of two spots in the CIF Northern California Regional Bowl Division IV championship game, a contest
it had played in the previous two years.

With a 12-0 record, 536-74 point differential and No. 4 Division IV power ranking in the state, the Warriors appeared a lock to be picked for the game. With a now 8-4 record, the state's 10 section commissioners who choose the finalist will be given a tougher task evaluating McClymonds.

Historically, the commissioners have not selected teams with forfeit losses into the state playoffs.
One of McClymonds' four wins with Davidson was 32-22 over Salesian College Preparatory (Richmond), which is one win away from qualifying for consideration into the Division IV regional. Salesian is 10-2 on the field, but now 11-1 with
the forfeit win.

Central Catholic (Modesto) (10-3), which defeated McClymonds the last two seasons for the regional title, won the
Sac-Joaquin Section Division IV title last week with a 42-35 triumph over Sonora. Another SJS team, Division V winner Winters (12-1) have already qualified for consideration into the Division IV regional final.

The commissioners convene Sunday in Los Angeles to pick the finalists for the 10 games - five in the North and five in the South.

"I'm going down to present McClymonds' case full force," said White, who starred at running back for Cal and played one season in the NFL.

After McClymonds' section-title win over Fremont Friday, Peters said: "We're just hopeful that our commissioner fights for us now. Like he should."

If the Davidson family gains a court injunction, the selection of the Northern California Division IV teams may be delayed. There's a precedent.

Last season's Southern California Division IV selections were delayed a day before the San Diego Superior Court, Department 67, denied a request by Christian (El Cajon) for an injunction to place the team in another enrollment-based division.

"A lot of people are hanging on this decision," White said of the possible injunction. "There's a whole lot of bouncing balls. Like you, I'm just waiting to hear something."







This post was edited on 12/4 2:33 PM by BKWRDKUROUT

Mitch Stephens
 
I have never met Kevin Davidson's father but in my opinion he's sending crappy messages to his young sons. All the dishonesty associated with this situation and when a ruling comes down, you continue to try and get over trying for a court injunction. The sad thing is Kevin has the talent to get D1 offers on his own, with no need for dishonesty.
 
I don't know how he didn't win the starting job at SRV this year in the first place. Maybe his dad was badgering the coach?
 
Word on the street is that Davidson wasn't even trying to compete for the starting job and was narrowly behind at the time he left for Mack. Me thinks dad had something brewing with Mack all summer.
 
The father's sales pitch obviously convinced the McClymonds HC/AD/Principal the move from lily-white Danville was legit. Greed has a way of corrupting even the most well-intentioned. The QB will get some college to offer; Mr. will see to it as that was the goal no matter the cost. Their behavior may be reprehensible, however, the real victims here are the Mack players who were hoodwinked by adults. This morning's BANG paper had Stephanie Hammon reporting the four players petitioning the courts to reinstated the forfeits which would give them an undefeated season (a caution if there ever were one against carpetbagging parents as they did fine after he was ruled ineligible) and a possible SBG nomination. Obviously, MHS does not have the funds or litigation wherewithal to have petitioned as they could have. Plenty of loathsome behavior to go around on this one.
 
McClymonds appeals denied by judge

It was a bad day in court for the McClymonds (Oakland, Calif.) football team, as two attempts to obtain temporary restraining orders were denied Friday by an Alameda County Superior Court judge.

Quarterback Kevin Davidson tried to overturn a CIF ruling that made him ineligible for what they deemed an illegal transfer, but was denied by Superior Court Judge Evelio Grillo. Davidson played in the first four games but practiced with the team while an appeal was made to the CIF.

The CIF denied that appeal recently and McClymonds, 12-0 on the field, had to forfeit the four games he played.

Four of Davidson's teammates, with the help of the National Center for Youth Law (NCYL) petitioned for a TRO (temporary restraining order) concerning the forfeits issued, but were also denied by Grillo. The proceedings took place back-to-back.

The chances of being picked for a Division IV regional playoff game Sunday appear slim with four losses.

"Life goes on," said McClymonds senior LaVance Warren, one of the four named on the TRO request. "It's out of our control now."

Said NCYL attorney Lewis Cohen: "We are proud of these students for standing up for themselves and their community. While we are disappointed in the judge's ruling, this is far from over."

http://www.maxpreps.com/blogs/maxwire-national-blog/qpgjulcgdk-MPVIr9uhRXQ/mcclymonds-football-appeals-denied-by-judge.htm
 
Re: McClymonds appeals denied by judge

I feel bad for the kids from McClymonds. A dad, a coach and a league commissioner probably cost them a chance at a state championship.
 
Re: McClymonds appeals denied by judge

Bubba curious why you share the blame with the coach and league commissioner?
 
Re: McClymonds appeals denied by judge

They had to know white toast from Danville coming to Mack on the up and up was too good to be true.
 
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