Kylan Mabins and his parents have won again in court. The Missouri Court of Appeals for the Southern District today rejected an appeal made by the Missouri nonprofit organization that oversees high school sports.
The Missouri State High School Activities Association (MSHSAA) went to the appellate court in an effort to once again declare prep quarterback Mabins ineligible to play football this season, his senior year.
In a one-sentence decision the appeals court rejected the MSHSAA petition.
MSHSAA basically had thrown a challenge flag, alleging that Greene County Circuit Judge Derek Ankrom blew the call with his Sept. 22 decision to allow Mabins to play football for Glendale.
Mabins was the starting quarterback for Kickapoo the two seasons prior. In March, Mabins transferred to Glendale.
The two prep football teams take the field at 7 p.m. Friday at Kickapoo's Pottenger Stadium. Kickapoo is 6-1 and Glendale is 4-3.
Mabins has been playing sporadically for Glendale. He threw a touchdown pass Sept. 29 against Lebanon, and went 6-for-17 passing for 64 yards against Parkview on Oct. 6.
‘With all due respect,' judge allegedly abused discretion
According to a petition filed Oct. 10 in the Southern District Court of Appeals by MSHSAA:
“With all due respect to the Respondent (Judge Ankrom), he abused his discretion and exceeded his jurisdiction to prohibit the MSHSAA Board of Directors from exercising their lawfully delegated authority to ‘investigate reported violations' of the MSHSAA Constitution and By-Laws.”
The legal filing had asked for a stop order. If granted, it would have made Mabins ineligible once again while the the lower court — the Greene County Circuit Court — considers the matter of his eligibility at length.
Ankrom's September decision made Mabins eligible to play while the court considers at greater length MSHSAA's prior decision — made at three separate MSHSAA levels — to rule Mabins ineligible.
MSHSAA had concluded that Mabins was unduly influenced to transfer to Glendale by former Glendale coaches Mike Mauk and Ben Mauk.
Mabins received quarterback instruction from Ben Mauk, a former NCAA Division-I college football quarterback at Wake Forest and Cincinnati. Ben Mauk reportedly worked with Mabins during Mabins' freshman year at Kickapoo — with the knowledge and approval of Kickapoo head coach Nate Thomas.
The Mauks, as a result of their involvement with Mabins, were removed as Glendale football coaches.
Parents took the matter to court and won
Mabins' parents, Sean and Darline Mabins, took the matter to circuit court and won in September.
As a result of Ankrom's ruling, the recent MSHSAA petition alleged:
“The ability of the MSHSAA Board of Directors to exercise its delegated authority to uphold the MSHSAA Constitution and By-Laws is being seriously weakened and undermined by the Respondent's (Judge Ankrom's) action. MSHSAA By-Law 3.10.4 provides that students who ‘transfer schools' … are ineligible for 365 days unless their cases meet the standards under exceptions.”
It further states that if Glendale plays Mabins in a varsity game — which it has done —Glendale is receiving an unfair advantage because, according to MSHSAA, it is using an ineligible player while other schools are not allowed to use ineligible players.
“Schools eliminated by Glendale High School in the Class 5 football regular season and post season contests may file protests contesting the result of their games with Glendale High School which would seriously disrupt and confuse the 2023 MSHSAA State Football post season statewide championships.”
The appellate court, based on its decision today, did not find those arguments compelling.
Allegation of racial microagressions
In March, Mabins had to complete paperwork to transfer from Kickapoo to Glendale.
He stated he wanted to leave Kickapoo because of racial microaggressions committed by members of the Kickapoo coaching staff, as well as homophobic remarks. Mabins is Black.
MSHSAA argued in its recent petition that Mabins had never made those racial allegations prior to his request for transfer. It should be noted that the petition makes no mention of a homophobic remark made by an assistant coach.
That remark — suggesting that Mabins was throwing the football to one favored receiver because they were “lovers” — was acknowledged by Kickapoo Head Coach Thomas during the September hearing in Circuit Court.
The MSHSAA petition points out that no other player testified in September about alleged racial discrimination.
It makes no mention that a letter was presented to the court written by the parents of another Black Kickapoo player. In the letter, the parents made similar allegations as those made by Mabins.
