SALT LAKE CITY — The Utah High School Activities Association was front and center at the Utah State Capitol on Wednesday.
They spoke during a hearing in the Rules Review and General Oversight Committee about a foreign student eligibility rule that was created earlier this year.
The rule doesn't allow students on F-1 visas to participate in varsity sports.
If they do, a school has to forfeit their eligibility for postseason play, such as a state tournament.
The other option under the rule includes withdrawing from UHSAA-sanctioned competition and competing independently.
Earlier this month, a motion for a temporary restraining order and preliminary injunction were filed on behalf of Zac Szymakoski, a senior football player at Juan Diego Catholic High School from Australia.
Last week, a federal judge granted that temporary restraining order, suspending the rule to allow Szymakowski to play in a varsity game for the first time this season.
On Wednesday, UHSAA executive director Rob Cuff spoke before lawmakers.
"UHSAA member schools voted 128 to 9 in favor of the rule and 19 schools didn't respond," said Cuff.
Cuff says they often look at surrounding and border states to analyze their eligibility rules.
"Most of these restrictions on F-1 students in other western states predate the adoption of this student visa eligibility rule," said Cuff.
In explaining the creation of the rule, which went into effect this year, he cited concerns over recruiting.
"The complaints were widespread," Cuff said. "In fact, in January of this year... 20 schools co-signed a letter from an attorney complaining of the recruiting of foreign players, asking that a team noted for recruiting be excluded from the state tournament, noting that it is a matter of fundamental fairness."
The rule did receive some pushback.
"They said, 'It's not the student, it's the visa.' My goodness, what does that mean? The visa is a piece of paper — the student is the one being discriminated against," said David Jordan, a partner with Foley & Lardner LLP.
The issue sparked plenty of opinions from lawmakers.
"I just want to recognize there is a disparity, and the disparity with the foreign exchange students and the F-1 students that are coming in, and it is a bigger issue," Rep. Kera Birkeland, R-Mountain Green. "It does impact certain students, citizens, residents, kids in our state right now, who either don't make the team, or end up having to play a team that is made up 98% that played soccer since birth in Brazil."
It also brought some concerns.
"As a former F-1 20 visa recipient myself, and a former international student in this country, mind-blowing some of the statements that have been made and accusations against students and their families that work really, really hard to send their children to have a different experience in a different country," said Senate Minority Leader Luz Escamilla, D-Salt Lake City.
In attendance for Wednesday's hearing were officials with Layton Christian Academy, as well as several members of their football team.
"Layton Christian Academy is the only school I know of that is barred from the playoffs today and this week from football and also girls' volleyball. Our girls volleyball will not be able to play," said Chris Crowder, head of school for Layton Christian Academy.
Two senior players on the football team, Brayden Bott and Machai Lavulo, spoke during the public comment portion of the hearing.
While they won their region, Bott says they won't get to hit the field for postseason play.
"I felt like it was super unfair because I think I felt like I deserved a chance and they deserve a chance," said Bott.
"I'm hoping that the rule is like, overturned or whatever, and like seniors and kids next year can play in the playoffs and like get more opportunities than just playing in the regular season," added Lavulo.
There was no decision made during Wednesday's hearing.
Sen. Curtis Bramble, R-Provo, said legislators may open a bill file on this topic when the legislature convenes in January of next year.
