Not only did Kylan Mabins win in court, says his main attorney, the high school football quarterback won in a blowout.
“Big time. It wasn't even close,” said Jay Kirksey, one of three lawyers who represented Mabins, who regained his eligibility to play football this fall after transferring from Kickapoo to Glendale in March.
Kirksey hosted a press conference Tuesday afternoon. Sean and Darline Mabins, the parents of Kylan Mabins, were present. Kirksey said the parents would not answer questions from the media.
“You don't often hear words like ‘fraud' and ‘malice' and ‘collusion,'” Kirksey said of Greene County Circuit Judge Derek Ankrom's ruling on Friday, Sept. 22.
After three defeats before the Missouri State High School Activities Association (MSHSSA,) Mabins and his parents went to court and found victory. Ankrom granted their request for a preliminary injunction, which allowed Mabins to play football for the Glendale Falcons.
‘Court is deeply troubled by the conduct of SPS and MSHSAA'
Mabins was the starting quarterback at Kickapoo his sophomore and junior years and was on pace to set many of the school's passing records — had he stayed there.
He and his parents say he transferred to Glendale in March 2023 because of racial micro-aggressions from members of the Kickapoo football coaching staff and because of homophobic remarks, also by the Kickapoo football coaching staff.
Mabins is Black.
Ankrom did not conclusively find “fraud,” “malice” or “collusion” in his order of injunction, because that is not required in a request for a preliminary hearing.
The judge ruled Kylan Mabins and his lawyers demonstrated a “likelihood of success,” should there be a full hearing on whether his athletic ineligibility was based on malice, fraud or collusion.
Nevertheless, the judge left no doubt about how he viewed the evidence over a day-and-a-half of testimony earlier in September.
“The Court is deeply troubled by the conduct of SPS and MSHSAA — in particular that of Kickapoo High School's and SPS's district athletics director, who was simultaneously a member of MSHSAA's Board of Directors,” Ankrom wrote in the injunction, in part.
Inaccurate evidence that was never withdrawn
Kickapoo High School Athletic Director Scot Phillips challenged Mabins' eligibility with the state activities association, which automatically prompted a MSHSAA investigation. The investigation supported Phillips' contention Mabins left Kickapoo so he could play football at Glendale after allegedly being unduly influenced by then-Glendale head coach Mike Mauk and his son, Ben Mauk, Glendale's offensive coordinator.
Josh Scott, Springfield Public Schools director of athletics, also serves on the MSHSAA Board of Directors.
Scott said from the witness stand of a Springfield courtroom that he did not vote as a MSHSAA board member in the Mabins case.
Both Mike and Ben Mauk were removed as Glendale football coaches soon after MSHSAA decided Mabins would be ineligible because of undue influence.
Their removal from the coaching staff was an apparent punishment for their alleged involvement in recruiting Mabins — an allegation undercut by the fact that Kickapoo presented as evidence two videos of Mabins allegedly training with Ben Mauk on the football field at Glendale's Lowe Stadium.
But Ben Mauk was not in either video. He wasn't present at the time the video was made.
School district denies allegations
Neither SPS nor MSHSAA removed the videos as legal evidence even after the error was pointed out. Neither Mike Mauk nor Ben Mauk are in the videos; it was a parent working with his son. The father and son invited Kylan Mabins to work out with them.
Despite Ankrom's strongly worded injunction, soon after it was released, SPS spokesman Stephen Hall responded. Hall said the school district disagreed and anticipated an appeal.
“The district continues to deny the allegations of inappropriate conduct contained in the plaintiff’s petition and remains confident that our staff have, at all times, acted appropriately, lawfully and consistent with the athletic processes required by Board of Education policies” and MSHSAA's policies, Hall wrote in a statement.
“Those processes and policies are designed to ensure that all students are treated fairly. Finally, the district is troubled by the future implications of the decision, which in our opinion, will have a negative impact on the ability of schools and MSHSAA to enforce the policies that govern high school athletics and activities statewide.”
Family asks: Where was inquiry into alleged racial discrimination?
In response to Hall's statement, Darline Mabins read a statement Tuesday:
“It is disturbing that SPS issued a press release continuing to maintain such conduct is appropriate and per its policies,” she said. “It is disturbing that once again, it seems that employees who violate SPS policy will not be held accountable by administration or the Board for their conduct. What happened to Kylan, and us as parents, should not occur but unfortunately appears a repetitive occurrence with the district.”
Over two days of testimony at the court hearing, Kirksey and fellow attorneys C. Brad Tuck and Jacob Eddy focused on the fact Kickapoo administrators and SPS did little or nothing to follow its own policy to not tolerate racial discrimination and to not tolerate retaliation against those who allege it.
The policy states in part:
“The district will immediately investigate all grievances submitted under this policy.”
Kirksey said, “It doesn't say a month later, it doesn't say a week later, it doesn't say a year later. It says an immediate investigation. And not only is there to occur an investigation, but it's supposed to occur and be conducted by someone who is fair and neutral.”
SPS hired a St. Louis lawyer to investigate Mabins' allegation of racial discrimination and homophobic comments.
Kirksey said he did not consider any lawyer or firm hired by SPS to be fair or neutral in this matter.
Judge says evidence had more to do with long dispute with Glendale coaches
Kirksey encouraged reporters at the press conference to “do your homework about the history that has occurred within the Springfield school system. You will find within the news media reports both television and newspaper, numerous prior instances.”
Kirksey mentioned “swastikas.”
A March 2022 story in the Springfield News-Leader reported that someone had drawn swastikas and wrote racial slurs in a boys restroom. Two students were identified and disciplined.
Kirksey said the incidents show a pattern. He also said Kylan Mabins is doing well overall at Glendale.
In his decision, Judge Ankrom wrote that much of the testimony presented against Kylan Mabins showed a pattern, but a pattern not linked directly to Kylan Mabins.
“Credible evidence supports a preliminary finding that Kickapoo High School's objection to Mabins's eligibility had little to do with Mabins,” Ankrom wrote, “and much more to do with an opportunity for Kickapoo High School to resolve a long-standing dispute with the Glendale High School coaching staff regarding alleged recruitment.”
