Bishop McGuinness rekindles public-private debate, sues OSSAA

It looks like public-private school debate is back. Credit Bishop McGuinness for the revival this time.

After the Oklahoma Secondary School Activities Association decreed a set of rules to attempt to level the playing field among public and private high schools in Oklahoma, one of the private schools has opted to fight back.

"...BMCHS has been provided no legitimate or legal reason for why it is being forced into division 6A to compete with schools up to six times the ADM of BMCHS," Bishop McGuinness states in its lawsuit against the OSSAA.

Bishop McGuinness' boys basketball team has become a staple at the state tournament every year — regardless of classification. Now the girls basketball team is paying the price, provoking Bishop McGuinness' angst in the lawsuit.

"This rule unfairly denies a team the right to compete in the proper division classification based solely on gender," the lawsuit says.

In its passing of Rule 14, the OSSAA set forth four guidelines for private institutions. If the school met three of the four qualifications, it was to move up a class and compete at a higher level, thus moving Bishop McGuinness from 5A to 6A this school year.

 “We expect the rules passed by the OSSAA to be applied fairly to all members and to not deliberately discriminate against one group,” McGuinness principal David Morton said in a release. “Rule 14 not only discriminates against private high schools, but seeks to purposefully put their student-athletes at a disadvantage and in potentially unsafe playing conditions in certain sports. We expressed these concerns with the OSSAA when they added the rule, but the association’s board of directors unfortunately chose to move forward.”

Because of the OSSAA's location within the Western District of the State of Oklahoma, that's where the lawsuit was filed.

In the lawsuit, Bishop McGuinness also cites violations under the Due Process and Equal Protection Clauses of the 14th Amendment of the Constitution. Bishop McGuinness also says Rule 14 violates "the terms and provisions of the Oklahoma Administrative Procedures Act."

"We believe that forcing our girls' basketball athletes to compete at the Class 6A level based solely on the success of the boys' basketball team is inherently discriminatory toward female athletes," Bishop McGuinness athletic director Gary Savely said in the release.