District Had Enrollment Documents Showing Players Lived In Wayne Last October, Records Show

WAYNE, N.J. — The district had documents in an enrollment file indicating the three Hayek boys lived on Valley Road when they enrolled at Wayne Hills High School in October 2015, but Superintendent Mark Toback made no mention of those documents in a letter to the state's high school sports governing body when discussing the "exacerbated" situation regarding their supposed ineligibility to play football at Wayne Hills High School, records show.

The NJSIAA banned the team from the state playoffs Nov. 8. The state's acting education commissioner stayed the ban and the ineligibility the next day. The NJSIAA ruled Tuesday that the players and team were not granted “due process” and said the initial investigation was “incomplete.” The ban and suspensions were subsequently lifted.

RELATED: District's Football Investigation Was Not 'Thorough,' Testimony Was 'Incomplete,' State Says

In a letter to the NJSIAA dated Nov. 7, Superintendent Toback stated that the district verified, through the state Motor Vehicle Commission, that both Tyler and Hunter Hayek, and their parents, "hold official addresses in Woodland Park, and not in Wayne, as required for eligibility purposes."

Toback also mentioned that that situation was made worse that the leasing agent for Hayek's apartment was Joseph Lane, who Toback said was a volunteer football coach at Hills.

Toback admitted in correspondence to the NJSIAA Nov. 8 that he was incorrect in his saying that coach Lane was the leasing agent. It was a different Joseph Lane, Toback said.

In a letter to Vic Hayek, the boys' father, dated Nov. 14, Toback stated that the following items were in an enrollment file that indicated the boys lived in a Valley Road apartment complex:

• The first page of a lease from 10/1/2015 to 9/30/2016 and a signed renewal lease for 2016-17.
• A tenancy application.
• Certification dated Oct. 6, 2015 from the students' mother stating that she allowed them to enroll in the Wayne Public School District.

Hayek claimed he was in the process of getting a divorce and had moved to Wayne from Woodland Park. He wanted to transfer his sons from St. Joseph's Regional High School to Wayne.

In the same letter, Toback referenced the Board of Education policy that requires a combination of documents be provided showing a student's eligibility, which include "evidence of property ownership, tenancy, or residency" and other "sworn attestations pertaining to statutory criteria for school attendance," among others.

According to the Nov. 14 letter, Vic Hayek "recently" provided the district with copies of dozens of documents showing his sons lived in Wayne, including: Cancelled rent checks, the boys' driver licenses, bank statements, and cancelled checks to Wayne Hills Football.

"I understand this may seem inconsistent" with the Nov. 7 letter, Toback said, however "that letter was not sent with the intention of removing the students" and was "sent without giving you, the parent, the opportunity to address the concerns" with the boys' Woodland Park address.

Toback said the intention of the Nov. 7 letter was not to remove the boys from Wayne Hills, but to "seek guidance as to the next steps" should the boys been found ineligible.

Darren Del Sardo, a former Wayne Board of Education trustee, is representing the Hayek family and requested a residency hearing before the board. In his second letter to Hayek, Toback said that he would not apply to the board to have the boys removed and found they were eligible to attend as of Oct. 8, 2015.

RELATED: Parents Call For Superintendent's Resignation For Mishandling Wayne Hills Eligibility Investigation

Residents and parents of Wayne Hills football players criticized Toback, board attorney Isabel Machado, and the Board of Education at a meeting Thursday not for failing to get a handle on the situation sooner.

The board decided to launch an independent investigation, run by a retired administrative law judge, of its eligibility requirements and of the situation with the Hayek boys. Toback recommended hiring a part-time employee to investigate student residency issues.

Several residents took exception to those courses of action, stating that doing so would be a waste of taxpayers’ money

Ann Marie Pusterla said it was officials’ jobs to understand the residency rules.

William Brennan urged trustees not to “spend any money auditing your procedures” but instead they should “get rid of the man who doesn’t understand them” — Toback. Others said Toback should resign.

Trustee Catherine Kazan said the board has several reports to review, including from Toback, Machado, and others, it must investigate.

“They don’t just all jive,” Kazan said. “We have to get to the bottom of this.”

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