Cheyenne game may have to wait

Adam Candee

Thursday, Nov. 20, 2003 | 9:53 a.m.

Spurned in its latest legal effort, the Nevada Interscholastic Activities Association might just take its ball and go home until its day in court arrives.

The Cheyenne football fiasco escalated off the field again Wednesday when NIAA director Dr. Jerry Hughes suggested that he might delay Saturday's Sunset Region championship game between the Desert Shields and Palo Verde until the next round of legal battles in the case is completed.

"We're kind of leaning that way," Hughes said.

Hughes' volley came in response to District Judge Jackie Glass' decision to wait until Tuesday morning to hear the NIAA's motion to reconsider the temporary restraining order granted Friday by Glass on behalf on Cheyenne tailback David Peeples.

Not having a hearing until Tuesday was a blow to the NIAA, which had hoped to resolve the Desert Shields' situation before Saturday's kickoff. The NIAA sets the dates and times for all postseason games and can adjust them without the consent of the involved schools.

"We feel this has to be heard," Hughes said. "If this would have been heard this week, we wouldn't have this problem."

The problem, as Hughes sees it, is that if Cheyenne would lose to Palo Verde before the hearing, the NIAA would not get to present its case in the legal realm. That would essentially establish Glass' ruling that overturned a team suspension and playoff forfeit of Cheyenne on the basis of a due process violation of one of its players as legal precedent.

Such a standard would be damaging to the NIAA's authority and credibility as the judge and jury of prep athletics in Nevada. On the flip side, the NIAA also does not want a potentially ineligible Cheyenne team to eliminate another school from the playoffs.

"Our back's against the wall," Hughes said.

Hughes feels the Cheyenne coaches and administrators aggravated the current problems by choosing to suspend just one player for Monday's game against Centennial.

"That stirred things up even worse," Hughes said. "They completely ignored what's ethical."

Hughes said he identified at least nine players directly involved in the brawl and shared that information with Cheyenne officials before the original suspension.

"The idea (that) they said they couldn't identify them, that's bull," Hughes said. "We identified them."

Cheyenne coach Dave Snyder did not return calls seeking comment Wednesday, but earlier this week, he expressed his problems with the NIAA's conclusions.

"I think that you're merely speculating, especially if you weren't at the event," Snyder said. "You're going off of film that you don't know if you got everything on. I think it's all speculation and to rush to a decision that a team is forfeiting, it's not fair."

Attorney Ross Goodman represents Peeples, by way of his mother, Deborah Johnson. Goodman was not surprised by Glass's decision to set a Tuesday hearing, saying it followed standard procedure.

"Judge Glass is following the rules," Goodman said. "The temporary restraining order is good for 15 days."

Goodman also swiped at the NIAA's attempt to expedite a hearing before the installation of a preliminary injunction, which would take effect at the expiration of the restraining order.

"Just how they violated their own rules, they're trying to violate the 15-day requirement," Goodman said.

The NIAA suspended the Cheyenne team for one game last Thursday in response to its Nov. 7 postgame fight with Bishop Gorman, only to watch Glass grant the restraining order halting the decision Friday. That allowed Cheyenne to continue with its Sunset semifinal against Centennial. The Desert Shields won the rescheduled game Monday, 28-6, to advance within one step of a berth in the 4A State Tournament.

If Glass turns down the reconsideration motion in District Court, the NIAA can then appeal to the state Supreme Court by filing an emergency writ. A victory in District or Nevada Supreme Court would immediately re-apply the NIAA suspension and forfeiture penalty to Cheyenne.

Palo Verde coach Darwin Rost also did not return calls Wednesday. Hughes spoke with Rost, who expressed concern about moving the game beyond Saturday.

"Darwin wants to play Saturday, and I don't blame him," Hughes said. "I hate to put him in that situation, to be honest."