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Wednesday, March 15, 2000

Swim suit decision
doesn’t fit Wahine

Five members of the UH women's
swimming team won't be allowed
in the NCAA championships
because of a judge's ruling

By Debra Barayuga
Star-Bulletin

Five members of the University of Hawaii's women's swimming team who qualified to participate at the NCAA championships in Indianapolis won't be making the trip to the competition that starts tomorrow.

But eight teammates from the men's team may still have a shot at going to the March 23-25 men's championships in Minneapolis if the court rules in their favor.

Circuit Judge Gail Nakatani was to hear arguments today for an amended motion from the swimmers. But, because of the time constraints, that motion would only help the male swimmers.

Yesterday, Nakatani denied a motion by the athletes for a temporary restraining order that sought to halt both championships until the students had an opportunity to contest their disqualification.

The NCAA notified UH swim coach Sam Freas on March 6 that the swimmers had been disqualified. This was one day after the NCAA notified and published the names of all teams and swimmers who had been accepted to compete - including the 13 UH swimmers who had qualified for 22 events.

The NCAA contends that times submitted were from meets that had irregularities, including one where Freas was used as a substitute timer. However, the irregularities brought up by the NCAA are not against NCAA rules.

"This is nothing about the kids," Freas said after yesterday's hearing. "This is a personal thing they have perpetrated and the facts will come out, I hope."

A former president of the College of Swimming Coaches Association and active in swimming for 30 years, Freas believes the NCAA is out to get him because the UH swim team is improving and has been recognized as the most improved team in the United States.

UH junior Melanie Zauder said the court's decision still hasn't sunk in but called the NCAA's ruling "unfair."

This is the first time the UH women have qualified for the nationals in the three years she's been on the team.

Now that she won't be going, Zauder said she will start training for the Olympic trials to be held at the end of summer.

"Hopefully people will see me there and see the times I do and realize I should have been and deserved to be at this meet," she said. "I worked hard to be at this meet. You can't imagine how hard it is."

The student-athletes contend their rights to due process under the state Constitution were violated when the NCAA disqualified them without giving them a reason. The only indication UH officials have of the NCAA's dissatisfaction is in a letter received following a teleconference call Monday between UH athletic department officials, a UH attorney and the NCAA.

The letter upheld the NCAA's decision barring UH from competing but still gave no reason.

"The committee hopes this experience may serve to improve the institution's meet management and administrative oversight of competition held on its campus," the NCAA letter read.

"In other words," said Eric Seitz, the attorney for the athletes, "You've done nothing wrong but because we want to send a message to your college, that's why we're going to disqualify you."

Honolulu attorney Jim Bickerton, local counsel for the NCAA, said he was pleased with the judge's ruling.

"We wanted to avoid any delay in the competition that would hurt the many athletes who are traveling to the competition."

Nakatani agreed with Bickerton's argument that the NCAA is not a "state actor" but a voluntary, private organization that is allowed to conduct itself in accordance with its own rules.

But based on the absence of any contract claims and the absence of state action on the part of the NCAA, the swimmers are not likely to succeed on the merits of their claims, Nakatani said, in denying the temporary restraining order.

Seitz, said the NCAA clearly had an agreement with the students that if they performed certain obligations, they would be extended rights to participate in NCAA sanctioned competitions.

The swimmers have met every academic and athletic requirement to be eligible to participate, he argued.

Seitz is expected to file an amended complaint to include breach of contract claims in their motion for a preliminary injunction. He argued that the swimmers have been given no reason for their disqualification. The NCAA won't talk to them or provide any evidence on which their decision is based.

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