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Old Fri Feb 09, 2007, 06:10pm
Texas Aggie Texas Aggie is offline
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Join Date: Mar 2004
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Quote:
due process in place to appeal the suspension
Even if this were true, the first rule of administrative law is to exhaust all administrative remedies prior to complaining to a court for legal (or equitable) remedies. Can you tell me for sure this was done? Besides, there's no legal requirement of "due process" in athletic suspensions. It may be laid out in the school district's policy, a student code of conduct or (unlikely) state statute, but if it is, I can guarantee you that the administrative relief process is likely quite long.

Further the general requirements for a TRO couldn't possibly have been met. There must be a pending irreparable harm (none here; not playing in a game is not legally harmful), where a legal (i.e. money damages) remedy is inadequate (none here), and the injunction is the least restrictive means for attaining the relief requested.

A TRO is for situations like where your house is going to be sold and demolished if you don't act soon. It isn't for a player to play in a game.
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