Estimated read time: 6-7 minutes
- A Utah legislative committee is considering a bill about international student athlete participation in high school sports.
- The Utah High School Activities Association seeks legislation to enforce recruitment rules effectively.
- A rules violation hearing for Juan Diego Catholic High School is scheduled for Jan. 8.
SALT LAKE CITY — The issue about how — or if — students attending Utah high schools on an F1 visa can participate in varsity athletics got more complicated this week.
On Thursday, a state legislative committee discussed possible legislation that would address concerns raised by public school leaders concerning the recruitment of international student-athletes by private schools.
Brenan Jackson, assistant director of the Utah High School Activities Association, met with members of the Rules Review and General Oversight Committee, where he answered questions about the association's willingness to cooperate with lawmakers on drafting legislation that would regulate how international students attending schools on F1 visas participate in high school sports and bolster the association's ability to enforce its rules, especially pertaining to recruiting student-athletes.
"Right now the association is … waiting for a judge's decision on the constitutionality of our current rule, which is not an all-out ban, but it does provide schools three choices of what to do with their F1 student-athletes," Jackson said.
The committee summoned association officials last month where they heard from association Executive Director Rob Cuff and opponents of the F1 rule, including attorney David Jordan who represents two students suing over the rule on the basis of discrimination.
There was a preliminary injunction hearing last month, but a federal judge hasn't issued a decision on it yet.
In last month's legislative meeting, Utah High School Activities Association staff said the rule was enacted to address recruiting issues, not because the students are "foreign." Recruiting for athletic purposes is forbidden by association rules, but Cuff told the committee it is also the most difficult rule to enforce, and because of that, the issue is one of the most persistent and insidious issues facing their efforts to ensure fairness in Utah high school sports.
Sen. Curt Bramble, R-Provo, said he received a letter from an attorney representing one of the private schools that sent a conflicting message, but may provide the beginnings of a compromise that could replace the association's recently passed rule that restricts how F1 visa holders can participate in high school sports.
"I don't know if it was sent to all members of the committee, or just to me as the chair, but it seemed like … claiming religious liberties and privacy, (and) on the other hand, saying that the schools have no ability to control anything the recruiters or their subcontractors do in the recruiting of students, it seemed that within those two concepts ... that standards could be developed," Bramble said. "It seems that an element of that contract may include ... disclosure of what are the financial incentives being offered to that student through the recruiting process."
Jackson said the association welcomes legislation that would bolster its ability to get information from schools about what tuition student-athletes pay and if they're getting financial help. During their yearlong investigation into this issue that was raised by coaches and reporting by KSL, Jackson said schools have refused to give some information, saying it's private or protected.
"We definitely would love any help and support in being able to do our job efficiently ... and (with) fairness," he said.
A couple of hours later at the association's board of trustees meeting in Midvale, attorney Mark Van Wagoner told the group, which voted to enact the new rule restricting the participation of F1 visa holders, that a rules violation hearing for one of the schools at the heart of the investigation — Juan Diego Catholic High School — has been scheduled next month on Jan. 8. The board of trustees is one of two governing bodies for the association, and is made up of principals, superintendents and school board members.
KSL obtained a copy of the letter sent to Juan Diego High Principal Galey Colosimo that alleges violations of six association rules. The letter specifically requests the attendance of boys basketball coach and assistant principal Drew Trost, registrar David Slick, and director of the school's international program Ken Hoshino.
"The association alleges violations of the following by-laws and interpretations" and then the letter lists transfer rules, student eligibility requirements, undue influence, responsibilities of principals, including lack of institutional control, and duty to report and cooperate as allegations that will be addressed during the hearing.
"Our investigation has been broad, covering several countries and numerous witnesses," the letter states. "Following the KSL article, we began to receive emails, screenshots, and other information from many sources. As you are aware, the litigation over the association's student visa eligibility rule further delayed our process."
KSL began investigating allegations of private schools using F1 visa programs to recruit student-athletes nearly three years ago. After a story published in March that detailed the experiences of student-athletes, host parents and coaches, the Utah High School Activities Association began discussing a rule that would restrict F1 visa holder participation in varsity sports. It eventually enacted a rule change in May, which became the subject of a federal lawsuit in September.
The F1 visa is different from other visas used by foreign students because it allows more freedom to choose schools, attend multiple years and choose where they live. KSL found little oversight in these programs, a problem that even the National Federation of High School Sports acknowledged in 2020.
During Thursday's legislative meeting, only association officials addressed the committee. While last month's meeting was contentious and the association was asked to defend the rule, Thursday's meeting was cooperative and friendly.
Rep. Kera Birkeland, R-Morgan, said she'd had a number of conversations with athletic directors and coaches upset that the argument was being framed using the assumption that public school coaches and players just don't want to compete against foreign exchange students.
Birkeland moved to open a bill file, but then withdrew that motion because the leadership of the committee will change in January. But the members of the committee said they want to investigate not only creating legislation to help address issues surrounding the use of F1 visas in athletics, but work with the Utah High School Activities Association in crafting any laws that would address restrictions, oversight and enforcement of all association rules.
"I think it's also extremely important, as we see this happen, not just in the case of F1 visa students, but in all aspects, any member school participating in Utah High School Activities Association activities … they should be required to give you any documentation that is pertinent to a concern, to an issue that's raised," she said.
"I think it's absolutely unacceptable, and frankly, flat-out gamesmanship for any member school to say, 'That's private, personal information. You can't have it.' It's not, if they want to participate. … There's information that can be attained that will remain private within the association that governs their athletic participation, you should have access to it to ensure safe, fair and appropriate play."
