Four McClymonds football players seek restraining order on CIF ruling

The National Center for Youth Law (NCYL), on the behalf of four McClymonds (Oakland, Calif.) football players, will seek a temporary restraining order Friday morning to prohibit four forfeit losses that the team was issued by the California Interscholastic Federation.

The CIF denied an appeal this week from transfer student and quarterback Kevin Davidson, who was deemed ineligible by the Oakland Unified School District in October for residency issues.

McClymonds, 12-0 on the field, was issued the four forfeit losses for games Davidson played in, which is in accordance to the Oakland Athletic League bylaws.

According to a release emailed a short time ago, the NCYL is "seeking a temporary restraining order on behalf of four McClymonds student athletes, LaVance Warren, Kelton Runnels, Taivon Foster and Michael Walker, who could suffer irreparable harm if they are denied an opportunity to compete in the CIF state football playoffs.

"Four losses would almost certainly cost McClymonds an invitation to the regional playoffs. According to NCYL Senior Attorney Leecia Welch, McClymonds relied on a determination by (Oakland Section commissioner) Russell White that Davidson was eligible in allowing the transfer student to play.

"You can't punish all of these students for the good faith actions of the responsible adults. School officials filed the required paperwork and relied on commissioner White's written finding that Kevin was eligible in allowing him to play. When the commissioner changed course, the team followed White's order and did not let Kevin play."

White said Wednesday that he did rule that Davidson could play before the season, but when new information came forward after four games concerning residency issues, new actions were required.

He referred to Oakland Section bylaw 103: "If a school plays an ineligible student, knowingly or (unknowingly), in any contest involving team play … that contest shall be forfeited."

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

In the NCYL release, attorney Erin Liotta wrote: "Commissioner White can still make this right. By his own determination, Kevin was eligible when he played so there is no need for White to take away the wins and harm the rest of the team. The four players we represent and the rest of the team did nothing wrong and deserve a chance to go to the playoffs."

McClymonds, currently 8-4 (12-0 on the field), will be one of seven teams up for two spots when the CIF decides the Northern California Division IV championship finalists on Sunday. A meeting of 10 section commissioners throughout the state vote on the 18 finalists. Games will be played Dec. 12-13.

The Warriors have been picked for the last two regional finals, which decides a berth into the CIF State Bowl Championships. The Warriors lost both years to Central Catholic-Modesto.

Standout running Warren, featured here last week, was quoted in the release: "We put in a lot of extra hours of hard work to chase this dream. The playoffs are a chance to perform in front of college recruiters from around the nation. This means a lot for my future."

The NCYL has asked the court to intervene because it believes "the CIF process violated the student athletes' rights to due process and equal protection."

The hearing is scheduled for 9 a.m. Friday in the Alameda County Superior Court.