Jeff DiVeronica

Staff writer

Aquinas Institute usually wins on the football field, but on Friday it lost in court.

The private school's attempt to get the Little Irish reinstated to the Section V Class AA playoffs by suing Section V and the New York State Public High School Athletic Association was denied by state Supreme Court Justice J. Scott Odorisi, who upheld Aquinas' forfeiture of a 37-20 quarterfinal win over Pittsford because it used an ineligible player, star quarterback Jake Zembiec.

"This was not an easy decision nor one which the Court relished having to make given the consquences," Odorisi wrote in his ruling.

After an hour-plus Friday morning hearing with more than 60 people in the courtroom, Odorisi's hotly anticipated ruling came down in a 12-page document just before 4:30 p.m. It ended days of interpretation about eligibility rules and procedures and speculation about whether the school properly documented Zembiec's return from a broken left (non-throwing) wrist that sidelined him from Sept. 13 to Oct. 25.

"Aquinas' appeal of the Section V ruling was a chance for the school to be heard by an impartial party and while the outcome has not changed, Aquinas stands by its decision to pursue legal action," Aquinas principal Theodore Mancini said. "Choosing to fight this technicality was an effort to do right by the young men looking to us for guidance in this unfortunate situation."

"Although we prevailed, I really don't see that there were any winners today," said Robert Zayas, the executive director of the NYSPHSAA, the state's governing body for high school sports. "Kids were negatively impacted throughout the week and I think attention was taken away from accomplishments ... of those teams still in the playoffs."

Pittsford remained alive, waiting all day like the defending Class AA state champions from Aquinas to learn its fate.

"We were put in a really tough spot. That's really why we chose to stay silent because we felt that this really wasn't our issue," said Michael D. Pero, superintendent of Pittsford Schools. "We really felt it was an issue between Aquinas and Section V, and we really wanted to take the high road and stay out of this."

The sixth-seeded Panthers (6-2) will play No. 2 Rush-Henrietta (7-1) in Saturday's 4 p.m. Class AA semifinals at Sahlen's Stadium. No. 1 Victor (7-1) and No. 4 Webster Thomas (6-2) play in the 1 p.m. semifinal there.

"We'd like to express our sincere respect for the Aquinas program. We recognize all the hard work they put into this season and how difficult this must be for them," Pittsford athletic director Scott Barker said in a statement issued by the district.

Pero said his district was prepared to deal with any decision the court made.

"Out of all the things we talked about, (litigation) was not even one of them," Pero said. "It would be business as ususal regardless of the outcome."

There was disappointment for Aquinas. The Little Irish (5-3) hoped to win a ninth straight Section V title with Zembiec, their major-college recruit and the reigning Class AA state player of the year, back in the lineup leading the way.

"There's definitely a sense of anger that he's letting out a little bit more now," Tom Zembiec, Jake's father, said of his son. "So maybe he was holding on to hope that somebody would do the right thing, not necessarily the legal thing, whatever that is."

"Right now it's like a kick in the gut," said Jennifer Yodice, a Hilton resident whose son, Sam, is a junior at Aquinas and center on the team. "You feel for the boys — all the boys: Pittsford, Rush and Aquinas. It's kind of a lose-lose for everybody.

"At this point, it's about teaching the boys to be big boys and learn from this."

Students, coaches, parents and fans waited from around noon until late afternoon for Odorisi's ruling, lighting up social media looking for a ruling.

"I don't think I was surprised because high school sports are a big thing, especially Aquinas football, and we bring out either the love or rage out of people," Aquinas coach Chris Battaglia said. "I've understood that for a long time, and when you have a kid like Jake, it's the same thing."

The forfeit was announced Tuesday, stating Zembiec shouldn't have played in the quarterfinals because he broke NYSPHSAA's "Representation Rule," which states a student must play in at least three regular-season games to be eligible for the postseason. Zembiec played in only two.

But Aquinas officials and their lawyer, Christopher Thomas, argued that the 6-foot-3 junior was cleared to play by Dr. Michael Maloney on Oct. 13 and could have played in the Oct. 18 regular-season finale. Battaglia only held him out to give him more recovery time and as a precaution.

That would have given him three games. Zembiec was on the sidelines that day in sweatpants and his jersey.

But Odorisi chastised Aquinas for failing to properly document that Zembiec was healthy enough to play, calling it a "glaring absence of medical clearance" before the Oct. 18 game.

Athletic director Anthony Bianchi said an Aquinas trainer who spoke "every three days" to Maloney about Zembiec's condition had cleared Zembiec, too.

Aquinas provided letters from Maloney dated Oct. 27, stating Zembiec had been cleared Oct. 13. That didn't fly with Odorisi.

"As our affidavit stated," Zayas of the NYSPHSAA said, "you cannot retroactively provide clearance."

Thomas argued that NYSPHSAA rules didn't clearly indicate that written medical clearance was necessary for a player to return. In this case, though, Odorisi felt differently because Aquinas was trying to prove that even though Zembiec didn't play on Oct. 18 he could have.

The terms "eligible participant" and "eligible to participate" also became key in the courtroom.

"Our claim is that one doesn't have to be fully suited to be eligible," Thomas said in court.

He criticized loosely worded NYSPHSAA rules governing what makes a player eligible to participate. The NYSPHSAA camp said it's clearly indicated on its website that it follows the national federation rules that state a player must be wearing the proper equipment to be eligible.

Zembiec, who was in the courtroom with his parents, had no helmet or pads on Oct. 18, so even if he was medically cleared he wasn't eligible to enter the game because he lacked the equipment, argued counsel for the NYSPHSAA. In court, Odorisi even addressed the fact that Zembiec was part of the coin toss on Oct. 18 and how that actually has a bearing on the game, deciding which teams receives the ball first.

"Is that participation?" the judge asked.

But then he noted that the NYSPHSAA recognizes the coin toss only as a "pregame ceremony."

Tom Zembiec said neither Aquinas nor his family was looking for special treatment.

"We all know that other kids have played without the waiver in less than three games, it's just the way it's happening, but nobody cares," he said. "(Other cases are) not high-profile, and that's unfortunate."

Lawyers for Section V and the NYSPHSAA zeroed in on a conversation Bianchi had with Section V Football Chairman Dick Cerone in early October and Bianchi's inability to pursue filing a medical waiver for Zembiec if there was any doubt about his status to return.

They said, as did Odorisi in his ruling, that Bianchi should have done more than rely solely on one phone conversation with Cerone, who thought Zembiec would at least suit up Oct. 18.

If that happened, all that would have been needed was for him to return for sectionals was a medical clearance.

"Mr. Cerone's advice does not bind (Section V) or relieve (Bianchi) of its independent obligation to adhere to rules and request for a medical waiver as allowed in Representation Rule 25," Odorisi wrote in his ruling.

Tom Zembiec said his son's return to competition was no secret, especially considering the game took parts of two days to complete due to a lightning delay.

"Sunday morning the headline comes out with Jake's name in it everywhere," he said. "So at that point, Section V had to know that Jake started or played in that game. Now, I don't know who is in charge of keeping track of waivers in Section V. Obviously, nobody in Section V had a problem with Jake playing, and they knew he was playing, it was halfway through that game."

That all changed after an anonymous call to the NYSPHSAA on Monday started an investigation by Section V officials that led to Tuesday's forfeit ruling and a day in court on Friday.

"The judge made his ruling and I'll accept it," Battaglia said. "This week has been a whirlwind. I know there's a lot of people who like us, but there's also a lot of people who hate us."

JDIVERON@DemocratandChronicle.com

www.Twitter.com/@RocDevo



Includes reporting by staff writers James Johnson and Gary Craig.

Timeline

Sept. 5 and 7: QB Jake Zembiec throws for 5 touchdowns in 42-0 win over Bishop Timon. The game started on a Friday and ended on a Sunday due to a lightning delay.

Sept. 13: Zembiec breaks his left wrist in a 34-0 loss at Buffalo Canisius.

Oct. 13: According to Aquinas, Zembiec received medical clearance to play.

Oct. 18: Zembiec watches AQ's 42-21 comeback win over Buffalo Saint Francis from sideline in sweatpants and his jersey.

Oct. 25: Zembiec starts in Aquinas' Section V playoff opener vs. Pittsford (lightning suspends game in third quarter with AQ up 30-7).

Oct. 26: Zembiec finished 6-for-16 for 179 yards and two TDs in 37-20 win over Pittsford.

Oct. 27: NYSPHSAA receives anonymous call saying Zembiec was ineligible for sectionals.

Oct. 28: NYSPHSAA announces decision of Section V Executive Committee that Aquinas must forfeit its win because "Representation Rule" for playing in at least three regular-season games was broken.

Oct. 29: Aquinas announces lawsuit against NYSPHSAA, Section V, Section V executive director Ed Stores and Section V football chair Dick Cerone.

Oct. 31: State Supreme Court Justice Scott Odorisi rules to deny petition/lawsuit by Aquinas asking to be reinstated.