Indiana High School Athletic Association v. Carlberg

Jason Carlberg (plaintiff) transferred from Brebeuf Preparatory School, where he swam on the varsity swim team, to Carmel High School for academic reasons. The Indiana High School Athletic Association (IHSAA) (defendant), a voluntary association that regulated contestant eligibility and interschool competition for member schools, barred Carlberg from participating in varsity athletics for one year. Under the IHSAA’s transfer rule, students who changed schools without a corresponding parental change of residence could not participate in varsity athletics for the first 365 days after enrollment unless they met certain special criteria or qualified under the IHSAA’s “hardship rule.” Such transfer students could, however, still participate on junior-varsity or freshman teams unless the transfer was primarily for athletic reasons or the result of undue influence. IHSAA’s transfer rule was publicly available and intended to deter recruiting and athletically motivated transfers. Carlberg pursued all available administrative remedies, including an appeal before the IHSAA Executive Committee, which upheld his ineligibility. He then filed suit to enjoin the enforcement of the transfer rule, alleging that its application violated his due-process and equal-protection rights under the Fourteenth Amendment and was arbitrary and capricious under Indiana common law. The trial court granted Carlberg’s injunctions. The court of appeals affirmed. The IHSAA appealed.