Judge Denies Glendora High Athlete Eligibility Before Start of Senior Season

A judge in the Nicholas Wagner case denied a motion for an injunction Tuesday afternoon that would have allowed the Glendora High senior to play with his baseball team before his senior season begins. But his lawyer says their lawsuit against the CIF Southern Section is not over “by a long shot.”

CIF’s Southern Section ruled that the 18-year-old senior is ineligible to play baseball during his senior season because he has played eight consecutive semesters. CIF denied Wagner’s request for a hardship waiver, claiming his transfer from Damien High School and his repeat of his freshman year at Glendora High School was due to “athletic motivation.” 

But Wagner’s parents say their son’s emotional and social disorder, not athletic motivation, prompted them to hold Wagner back one year.

Wagner began school a year earlier than his peers, but developed symptoms of asynchronous development disorder just before he began high school. Wagner's parents say they followed Glendora Unified School District's recommendation to repeat their son's freshman year at Glendora High School following a semester at Damien High.

However, Orange County Superior Court Judge Franz Miller agreed with CIF attorneys that playing high school sports was a “privilege and not a right." Therefore, injunctive relief could not be granted.

It’s an explanation Wagner’s mother, Shannon Wagner, said she did not agree with.

“My son earned the privilege without a shadow of a doubt,” said Mrs. Wagner. “If you’ve done everything you’re supposed to do, you’ve worked hard, you’ve have excellent grades, you’ve been a leader like my son has to get to where he is, then you’ve earned that privilege.”

The Glendora High baseball team, which won the CIF baseball championship last year, will play their first tournament of the season March 4.

Despite the ruling, attorney Chris Prussak said he was optimistic that the case could still turn in their favor. The judge allowed further medical evidence to be considered in the case, evidence CIF agreed to also review.

Prussak presented the court with a 15-page report from a psychiatrist that indicated that Wagner exhibited long-term symptoms from his disorder, providing evidence CIF officials claimed Wagner initially did not have to prove his disorder. The report was based on an analysis conducted in February.

“There is still a possibility that Nick may play, but it depends on how long it will take for CIF to get back to us,” said Prussak. “We might be able to work something out.”

Calls to CIF’s Southern Section were not immediately returned.

While the family and their supporters await word from CIF, .

Mrs. Wagner said she was disappointed that the injunction was denied, although she remained optimistic.

“It would have been wonderful to have the answer we needed today,” said Mrs. Wagner. “I just hope CIF does the right thing in time for Nick to play baseball.”