Wrestler Takes Official to Court Over Judgment Call

[tmp44]

From the New York Law Journal

ALBANY, NY

Fifteen years after then-Chief Judge Sol Wachtler bemoaned the "greed, commercialism, and zealotry that threatens to vulgarize sports," judges are still being called on to referee athletic disputes -- as evidenced by a case last week in Albany. In Frank C. Rodriguez v. New York State Athletic Association, Trial Court Justice Thomas J. Spargo declined to enter the fray.

"To establish a precedent of reviewing and potentially reversing a referee's judgment call for the distant ivory tower of a judge's chambers would cause unending confusion in the interscholastic athletic system," the judge wrote.

The dispute centers on a championship wrestling match in Albany. On March 5, Frank C. Rodriguez and Paul Florio were competing for the state title in the 135-pound division. At the end of the match, Rodriguez, then in 12th grade, was ahead by a score of 7-6. In celebration, he threw his headgear into the air before the official handshake signaled the end of the match.

After declaring Rodriguez the championship and having the combatants shake hands, the referee learned from the assistant referee that the headgear had been thrown and that the athlete had to punished for unsportsmanlike conduct. The referee assessed Rodriguez the two-point penalty and declared Florio the victor.

Mr. Rodriguez appealed to the protest committee, but to no avail, and filed a petition with the court. Justice Spargo, however, refused to second-guess the referee. He observed that the rules on unsportsmanlike conduct prohibit the throwing of equipment, making no distinction between acts of jubilation, as was the case here, and acts of insolence or disrespect. Accordingly, the court found the protest committee acted rationally.

Rodriguez and the North Rockland School District then asked the judge to declare both men champions. Again the judge refused. "Strangely, petitioners ask the court to declare that both athletes are champions. To do so would be an abuse of judicial discretion. This court could no more declare Rodriguez and Florio co-champions than it could declare any other defeated finalist co-champion." Rodriguez's attorney said it is unclear if there will be an appeal.

New York law does recognize a right to challenge the decisions of a governing body in an athletic setting," Rodriguez's attorney said. "Unfortunately for us in this case the judge didn't agree there was enough to set aside the judgment call that was made."

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OK..thoughts? I know this is wrestling, but if any of us were in either of the Rs' shoes here, what would you do?

[Dan_ref]

Thoughts?

Sol Wachtler was a powerful NY judge and kingmaker who went literally nuts over a woman and ended up in prison for it. Not that it means anything here, but I do remember when this happened it was quite a story.

http://www.findarticles.com/p/articl...30/ai_19571451

[rainmaker]

Originally posted by Dan_ref

Thoughts?

Sol Wachtler was a powerful NY judge and kingmaker who went literally nuts over a woman and ended up in prison for it. Not that it means anything here, but I do remember when this happened it was quite a story.

Wow, talk about veering off-topic!!

[M&M Guy]

Two thoughts come to mind - first, how was this a judgement call? This sounds like a straight, by-the-book rules violation. Where was the judgement involved? Maybe the kid (or, more likely his parents) thought there should be judgement in setting aside a rule just for him.

Second, why does NY law allow for challenging decisions in an athletic setting? Why even allow that possibility?

This would be no different than say, A1 hitting a shot at the buzzer to win a game by 1, and taking off his jersey in celebration right in front of me. I would have no choice but to issue the T, and let B shoot free throws to win the game. Unpopular? By all means. Judgement? Nope; pretty straightforward. I gotta give both referees in that match kudos for making that call - they both had the kahunas about the size of a certain squirrel that shows up around here occasionally.

[Jimgolf]

I think the original ruling was counter to the spirit of the rules, but the player, as a senior, surely knew the rules. Why sue? For a trophy?

The wrestler would be more famous and sympathetic as the wrestler who got screwed out of a title by a ref (whether this view is accurate is irrelevant).

Now he's going to be famous as a sore loser.

Bad choice.

[Forksref]

All decisions on the field/court/mat are final. I can understand the family appealing, but the school district is setting a bad example. Now, all parents in that district can be expected to protest anything that happens in an athletic contest. The school district is causing itself more problems.

[DownTownTonyBrown]

One kid just lost. One kid just won. Those results were based upon the merits of skill and valid competition. No call on the act of jubilation (if that is what it was), and the results remain.

Impose penalty (which wasn't designed for acts of jubilation but rather for acts of disgust and disagreement with the officials) and all kinds of problems result. Same goes for the posed basketball scenario.

Discretion is often the best, most appropriate call.

Kahunas? Which fan would have been excited about such a decision? Do you think the loser (now winner) was excited? Do you think he brags to his kids about how he won the state championship? Do you think the losing/now winning coach was excited? The possible answer to all of these questions is maybe. The appropriate answer for mentally mature, properly sporting competitors, is NO.

If this situation really occurred as stated. I don't feel justice was served. Perhaps those nut-sized things we've called kahunas were his brains. I think to reverse the outcome was a poor decision (and when has a wrestling match ever had two referees? Did this assistant get to make any other decisions - reverse any other awarded points. I'm sure both guys were pretty popular at the conclusion - probably tarred and feathered.)

But to take it to court? I think that is also ridiculous.

[Jesse James]

Originally posted by M&M Guy
Two thoughts come to mind - first, how was this a judgement call? This sounds like a straight, by-the-book rules violation. Where was the judgement involved? Maybe the kid (or, more likely his parents) thought there should be judgement in setting aside a rule just for him.

Second, why does NY law allow for challenging decisions in an athletic setting? Why even allow that possibility?

This would be no different than say, A1 hitting a shot at the buzzer to win a game by 1, and taking off his jersey in celebration right in front of me. I would have no choice but to issue the T, and let B shoot free throws to win the game. Unpopular? By all means. Judgement? Nope; pretty straightforward. I gotta give both referees in that match kudos for making that call - they both had the kahunas about the size of a certain squirrel that shows up around here occasionally.

The kid knows he was state champ-losing on a technicality shouldn't alter that in his, or really anyone else's mind.

Having said that, and this is just a question-to the officials that take advantage-disadvantage to the max, how can you justify completely over-turning the outcome of a contest by calling a tossed headgear after the horn, or a T for taking off a jersey after the horn? What advantage was gained?

[tmp44]

Originally posted by DownTownTonyBrown
and when has a wrestling match ever had two referees? Did this assistant get to make any other decisions - reverse any other awarded points. I'm sure both guys were pretty popular at the conclusion - probably tarred and feathered.)

Any championship wrestling match that I've ever watched on TV (PA broadcasts every state championship in every sport across the Commonwealth) has always had two officials. I've never really noticed what the 2nd, side official is doing or what his purpose is, but he's always there. Just my two cents.

[w_sohl]

Sounds VERY OOO

[M&M Guy]

In my basketball scenario, if we let the winning player take off his jersey (because, after all, it was in jubilation and in no way taunting or showing disrespect), what do we say to the losing coach who asks why we don't penalize it? Do we just tell them we don't like the way the rule is written, so we're not going to call it? I hope not. We can argue all day whether the rule is acceptable, but the point is, it's in the rule book. Yep, it's a "technicality", but it's a rule. Let's say a team is behind by one, A1 is running up the sideline, part of one foot steps on the sideline as he throws up the prayer at the horn, and it goes in. Do you allow the shot, because after all, it's just a little technicality about him stepping on the line? Hate to wave off a great shot like that, right? Well, no, of couse not. It may be an unpopular call, but that's what makes a great official - having the kahunas to make the unpopular, but right, call.

Remember, in the case of the basketball jersey, and apparently the equipment in wrestling, there is no judgement involved. And, it made it through the protest committee at the tournament as well, so if they would've felt it was some "minor technicality", wouldn't they have overturned the "nit-picky" officials? What if the wrestler was so happy to be in the match, and threw his headgear when he was introduced? If he was penalized the 2 points at the beginning, and still lost by 1, would any of these questions be asked?

[DownTownTonyBrown]

Originally posted by M&M Guy
In my basketball scenario, if we let the winning player take off his jersey (because, after all, it was in jubilation and in no way taunting or showing disrespect), what do we say to the losing coach who asks why we don't penalize it?

Personally, I would already be gone. Letting the players celebrate they way they want to celebrate.

But if I wasn't, then perhaps the call would need to be made.

By discretion... I mean things like: the coach is in his box coaching, however, his toes are on the floor. THAT'S A Technical Foul! Maybe the players jump onto the floor when the winning shot is made before the clock hits zero. THAT'S a Technical Foul! Maybe the coach is staring you down as you make your report to the table. That could be a Technical Foul for the Overly Officious. Proper discretion would be NO CALL for all of these situations.

Nobody can legally fault you for following/imposing the rules. But you can also miss out on: being promoted to the next level; gaining the respect of the coaches, fans, players; quietly getting out of the gym with an intact body and automobile.

Often the best call is a NO CALL - and from the information I have about the wrestling match, a no call probably would have been the better choice.

[SeanFitzRef]

Agreed, count the basket and get out of dodge! What are you waiting around for?!?

[M&M Guy]

Tony, btw, I hate being overly-officious. I absolutely agree discretion is important. If this happens after the game, realistically I would have a hard time seeing that as I run off the court, because I'm looking for my partners and the escort. But in the original story, the headgear was tossed before the match was considered over. It also says it was tossed in the air, which I would consider different than, say, just unbuckling the strap and then taking it off. Not being in wrestling, I don't know where they draw the line. So, maybe the appropriate basketball reference would be the player completely takes off his jersey after the shot is made, and timeout is called with .1 left on the clock. Do you let it go then?

Now, as far as being promoted to the next level, I would think there are more supervisors that would mark you down for NOT making the tough, obvious call with .1 left. As has been said around here before, don't go looking for boogers. But, don't refuse to make a call just because you don't think it will be popular, or it's "just a technicallity".

[Mark Padgett]

If you don't like a rule, work to have it changed - don't ignore it. Just think what happens to the next official who calls it (as he or she should) - and all the officials after that.

You want to have your own set of rules? Start your own league.