BOYS BASKETBALL Howland sophomore seeks return to team

A hearing for a permanent injunction is expected to be heard next week, court officials said.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Parents of a Howland High sophomore basketball player want a judge to help them get their son on the court.
Julie and David Byler, of Silver Fox Lane, filed a motion Wednesday in Trumbull County Common Pleas Court asking a judge to prohibit the high school and the Ohio High School Athletic Association from keeping their son, Justin, from playing on the team.
Judge John Stuard denied the motion for the temporary restraining order Wednesday. A hearing for a permanent injunction is expected to be heard sometime next week, court officials said. An exact date has not been scheduled.
"We believe our son is owed the opportunity to play," Julie Byler said. "He is eligible and he should play."
According to a roster faxed by the high school to The Vindicator last month, Justin Byler made the varsity basketball team. School officials, however, said Byler is ineligible to play because he did not pass enough classes during the last nine-week grading period. School officials said OHSAA bylaws state that a student must pass five one-credit classes and Justin passed only four.
Motion filed: The motion filed by the Bylers state that Justin was suspended from school for 10 days on Sept. 28. The suspension resulted in Justin receiving zeros for 10 school days. Because of the suspension Justin received one failing grade for the grading period, the motion states.
The Bylers appealed the suspension and a hearing was held Nov. 16 in the courtroom of Judge W. Wyatt McKay, court records state.
During the hearing, a settlement was reached and it was agreed that Justin would be able to make up work missed during the 10-day suspension, the motion states.
Mrs. Byler says her son is now passing all his classes and has a C average.
School officials, however, maintain that Byler is not eligible because he received a failing grade the last marking period.
OHSAA officials told the Bylers that Justin would be ineligible to participate in interscholastic athletic competition unless Howland would provide documentation of the settlement, but Howland has refused, the motion states.
Neither the Bylers nor school officials would state why Byler was suspended.
John Rubesich, schools superintendent, said he cannot comment on the matter.
"This is a tragedy," said Dan Letson, who is representing the Bylers. "This is very unfortunate for the boy and the community."
sinkovich@vindy.com