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Trotwood's Shaw loses court battle; prep career is over
A magistrate refuses to overturn OHSAA's decision to declare the Trotwood-Madison star ineligible, effectively ending his prep career.
Friday, May 23, 2008
DAYTON — Michael Shaw, the Trotwood-Madison star athlete accused of falsifying his residency, will be ineligible to compete in today's track and field district meet finals, effectively ending his high school career.
A Montgomery County Common Pleas magistrate on Thursday, May 22, denied Shaw's motion for a preliminary injunction against the Ohio High School Athletic Association, which found him ineligible May 9.
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Under the decision written by Magistrate Robert F. Cowdrey, the temporary restraining order that allowed Shaw to compete Tuesday also has been lifted.
Cowdrey wrote that the OHSAA's decision "was not arbitrary and is, in fact, supported by reliable probative and substantial evidence."
The parties are allowed to file objections to the decision during the next 14 days, which could lead to further legal review. Neither Shaw nor his attorney Aaron Durden could be reached for comment.
At issue is whether Shaw, 18, a senior, was a legitimate Trotwood resident. He has a full scholarship to play football at the University of Michigan this fall.
The OHSAA began investigating multiple allegations of recruiting and issues of residency at Trotwood-Madison in the fall of 2007. Shaw transferred from Alter to Trotwood-Madison in January 2007.
According to court documents filed Thursday:
• Despite being the plaintiff, Shaw did not provide testimony at Wednesday's hearing.
• Trotwood-Madison sent Shaw's school records to the OHSAA, but not an affidavit for bona fide residence, as required by the state for transfers.
• In a conversation with an investigator hired by the OHSAA, Shaw's father was unable to remember the name of the Trotwood trailer court at which he was paying rent for himself and his son.
• In a Feb. 12 interview with the OHSAA's investigator, the trailer park owner indicated that the Shaws did not reside there after being evicted and that rent had not been paid for three months. He also said there had been no electric use at the site the past "three or four" months. There was no electric usage for June, July and August of 2007.
• The Shaws maintained that after leaving the trailer court, they moved in rent-free with a Trotwood relative and that a security deposit wasn't required. Both their driver's licenses listed a Dayton address, where the family resided when Shaw attended Alter.
• Among damages Shaw hoped to prove was not being able to participate in this summer's Olympic Trials. However, his father testified that Shaw was to be at Michigan next month and would miss any national track meets.
The OHSAA's probe of Trotwood-Madison is ongoing. Shaw's reportedly is one of 13 cases the state is investigating.
Contact this reporter at (937) 225-2057
or lgrieco@DaytonDailyNews.com.
