Aliquippa requests court-appointed mediator to settle football lawsuit vs. PIAA

By: Chris Harlan
Tuesday, September 10, 2024 | 2:40 PM

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The PIAA has until Friday to decide whether it wants to resolve its legal battle with Aliquippa School District through mediation.

Aliquippa attorney Tina Miller on Tuesday asked a Beaver County judge to appoint a mediator to settle its lawsuit. However, PIAA attorney Rochelle Koerbel said the state association was opposed to court-ordered mediation.

The PIAA was open to negotiating with Aliquippa, Koerbel added, but said there wasn’t much space for compromise in this case, which involves the PIAA competitive-balance rule.

Common Pleas Judge James Ross gave the attorneys until Friday to discuss and decide. If one side remained opposed, Ross said he would not appoint a mediator, and the lawsuit would move forward as scheduled.

Miller told the judge that Aliquippa and the PIAA “shouldn’t be spending a lot of money” on a case that “should be settled.” She noted that previous rulings in the case, including by Ross in May, said Aliquippa’s lawsuit “was likely to prevail on the merits.”

But Koerbel, representing the PIAA, argued that this isn’t a typical case for mediation, where a middle ground can be found over something such as money. The PIAA wants to move the Aliquippa football team into a high classification, but the school district is opposed, calling the PIAA competitive-balance rule unsafe and unfair.

Attorneys were in Ross’ Beaver County courtroom Tuesday morning for the judge to hear preliminary objections filed by the PIAA in April against Aliquippa’s lawsuit. They also addressed Miller’s motion that requested for the judge to appoint a mediator. After the PIAA expressed its opposition, Ross paused the hearing and met privately with the attorneys for about 20 minutes in his chambers.

If the attorneys were to agree to mediate, Ross said he would appoint one of his judicial colleagues.

Among the preliminary objections heard Tuesday, the PIAA argued that due process claims raised by Aliquippa were insufficient. Koerbel said there was no “right to play sports” in Pennsylvania.

Ross said his decision on the PIAA objections would likely come within 30 days.

In May, Ross granted an injunction that kept Aliquippa football in Class 4A for this season, but the Quips’ classification for next season and beyond remained undecided. Ross heard three days of testimony in the spring from witnesses representing the PIAA and the school district. Two orthopedic surgeons, testifying for Aliquippa, said a promotion to 5A could put athletes at greater risk for injury against opponents with larger enrollments.

The lower court’s injunction was upheld on appeal by the Commonwealth Court in July.

The competitive-balance rule impacts football teams that have success in the state playoffs and add three or more transfers in a two-year cycle. Those teams are moved into a higher classification.

The PIAA board took preliminary steps to revise the rule earlier this summer.

Chris Harlan is a TribLive reporter covering sports. He joined the Trib in 2009 after seven years as a reporter at the Beaver County Times. He can be reached at charlan@triblive.com.

Tags: Aliquippa