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OSAA v. STOUT

CA A30198.

692 P.2d 633 (1984)

71 Or.App. 405

IN THE MATTER OF THE APPEAL OF BRADLEY STOUT CONTESTING A DETERMINATION OF INELIGIBILITY TO PARTICIPATE IN ATHLETICS AT THE ROGUE RIVER HIGH SCHOOL. OREGON SCHOOL ACTIVITIES ASSOCIATION, an Oregon Corporation, Petitioner, v. Bradley STOUT; Verne A. Duncan, Superintendent of Public Instruction of the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided December 19, 1984.

Attorney(s) appearing for the Case

Don G. Carter, Portland, argued the cause for petitioner. With him on the brief was McEwen, Hanna, Gisvold & Rankin, Portland.

William A. Mansfield, Medford, argued the cause and filed the brief for respondent Bradley Stout.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent Verne A. Duncan. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and WARREN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Petitioner, Oregon School Activities Association (OSAA), seeks judicial review of an order of the State Superintendent of Public Instruction, Duncan (Superintendent), which declared Stout eligible to participate in interscholastic athletics at Rogue River High School. It asserts, first, that the Superintendent should have dismissed the matter on the ground that Stout had not appealed OSAA's initial decision that he was ineligible to the...

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