Courtroom: Board of Ed 'Hail Mary' Pass Doesn't Find Receiver

The North Bergen Board of Education’s legal desperation pass against its Montclair counterpart and the New Jersey State Interscholastic Athletic Association (NJSIAA) fell incomplete on Friday, when the NJ Superior Court’s Appellate Division upheld an earlier ruling that stripped North Bergen’s high school football team of their 2011 championship title.

The legal battle between the three entities dates back to an electrifying contest between North Bergen and Montclair during the 2011 North Jersey, Section 1, Group IV, State Football Championship title game.

The matchup ended in a 14-13 North Bergen victory over their gridiron rivals, but it was only the beginning of the battle for school administrators and lawyers.

Soon after the victory, the NJSIAA Controversies Committee stripped North Bergen of its title following alleged recruiting violations on the part of North Bergen’s former football coach. [See related Patch article]

As punishment, the NJSIAA placed the North Bergen High School football program on probation for a period of two years, but permitted the team to retain its 2011 championship title.

Not content with the ruling, the Montclair Board of Education filed an appeal with the NJSIAA Executive Committee, demanding that North Bergen’s team be stripped of the title based on the concept of “fair play.”

Siding with Montclair, the committee decided to alter the original decision set by its Controversies Committee and officially take the title from North Bergen.

North Bergen then appealed to NJ Commissioner of Education, calling the decision of the committee “arbitrary and capricious” in court documents. After hearing the case in 2012, the commissioner dismissed North Bergen’s appeal and upheld the NJSIAA decision.

North Bergen then brought the case before the NJ Superior Court in January of 2014.

‘FOR THE INTEGRITY OF THE SPORT’

In an unpublished decision on Friday, the Appellate Court stated that Montclair’s case for stricter punishment has merit, and that North Bergen’s violation of recruiting regulations gave their football team an unfair competitive advantage in the championship game.

“Although the student-athletes on both teams may have played the game within the rules governing the sport, the adult coach responsible for the management of North Bergen’s team improperly and intentionally manipulated the makeup of his team to the detriment of Montclair,” the court decision stated.

“We all know this is cheating… The integrity of the sport demands that North Bergen’s football team forfeit the title of champion.”

NJSIAA Executive Director Steven Timko stated in a release that he was pleased with the decision.

“It reaffirms the NJSIAA’s commitment to fair play and the Executive Committee’s strong stance against the recruitment of student-athletes for athletic advantage,” stated Timko.

Patrick J Jennings, attorney for the North Bergen Board of Education, told Patch that his client plans to immediately appeal to the New Jersey Supreme Court.

“We are confident we will prevail,” said Jennings.

File photo by Jose Ortiz

Photo caption: Montclair and North Bergen football players clash during the 2011 North Jersey, Section 1, Group IV, State Football Championship title game at MetLife Stadium.

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