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

WAYNE, N.J. — A state committee said Tuesday that the Wayne Public School District's recent investigation into the eligibility of three football players was not "thorough" and did not provide due process to the students.

The Eligibility Appeals Committee of the state's governing body on high school sports — the NJSIAA — ruled Tuesday that the school's varsity team and two of its star players, Tyler and Hunter Hayek, may participate in the North 1, Group 4 state tournament this week. The ruling was based on new information provided by the Hayek family.

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The association suspended the players and banned the team from postseason play Nov. 8 after the school was notified the preceding day that the Hayek boys, and their brother, were ineligible because they did not file a bona fide change of address form with the district. Tyler and Hunter Hayek are two of the team's star players.

Superintendent Mark Toback said officials received "additional information" regarding the boys, but did not say what it was or who provided it and contacted the NJSIAA, which then issued the suspensions.

In a letter to NJSIAA Executive Director Steven Timko, Toback said the intention of the administration was to work "collaboratively in addressing the concerns, so as to not impact the playoffs." The district, parents, and players appealed the state's decisions.

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“The Committee found, based on new evidence, that the Wayne School District and its administrators did not conduct a thorough investigation or provide due process to its students," Steven Timko, NJSIAA executive director said in a statement. "According to the seven member committee, with this new perspective, the original information provided to the NJSIAA by the district was incomplete and conflicting testimony offered by school administrators was unreliable."

Timko said the association is "obligated" to take action based on the information provided by member schools and that it acted "suitably" based on the original information provided by the district.

Vic Hayek said he filed the appropriate information with the district and was told that everything was okay. The boys enrolled in Wayne Hills in October 2015.

The school district and attorneys representing the Hayek family and the players petitioned Kimberly Harrington, acting commissioner of the State Department of Education, to play in the tournament. Harrington ordered a stay on the ban and suspensions Thursday and ordered the NJSIAA hold the hearing so the players could present their evidence.

The decision delayed the start of the group tournament for days, impacting the other seven teams, including Wayne Valley.

"“Beyond the disruption to the family, this situation impacted nine schools and communities and forced the association to divert precious resources away from the playing field," Timko said. "The NJSIAA was put in a precarious situation and, in the end, everyone suffers.”

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