P'burg
argues '70' rule
Thursday, October 07, 2004 • By CORKY BLAKE
• The Express-Times
ROBBINSVILLE, N.J. -- The Phillipsburg School District
argued its case Wednesday afternoon as to why the New Jersey
Interscholastic Athletic Association's "70-percent rule"
should not apply to the Stateliners' athletic program.
If successful in striking down or receiving a waiver to
the rule, Phillipsburg school officials said the district
would seriously examine leaving the Skyland Conference for
the Lehigh Valley Conference, which is composed of 12
Pennsylvania schools.
The 70-percent rule mandates New Jersey teams must play
at least 70 percent of its games against Garden State
competitors in order to be eligible for state
tournaments.
Attorney David B. Rubin of Metuchen presented
Phillipsburg's position to the NJSIAA's Special Committee on
Leagues and Conferences during a three-hour session at the
organization's headquarters.
The committee included six members of the NJSIAA's
executive committee chaired by Alan Carr, athletic director
at Haddon Township. Michael J. Herbert, attorney for the
NJSIAA, presided over the hearing.
Herbert said the committee will notify Phillipsburg and
the Skyland Conference of its decision in writing within a
month. The recommendation will be forwarded to the state's
commissioner of education. Either side can then appeal the
decision.
Rubin clarified why his clients were in front of the
committee.
"This hearing is not about Phillipsburg withdrawing from
the Skyland Conference, though it's no secret we are
thinking about it," Rubin told the committee. "That's a
decision that can't be made until we clear the air whether
the 70-percent rule applies to Phillipsburg.
"This hearing is whether the 70-percent rule applies to
Phillipsburg's situation. We believe the intent of the rule
has nothing to do with a border school playing nearby
out-of-state schools. If you agree, then we can waive this
hearing. If we're not successful in persuading you, then we
believe we're entitled to a waiver from the rule because of
the hardships suffered by their students."
The 70-percent rule was adopted in December, 1999, so
small private school members of the NJSIAA could not play
national-caliber basketball schedules that often were
underwritten by corporations. The rule was proposed by John
Finnegan, athletic director of Immaculate Conception High
School of Montclair.
The Skyland Conference was represented by conference
president Carl Weigner and Bridgewater-Raritan High School
athletic director John Maggio. Weigner and Maggio attempted
to counter Phillipsburg's position that being a member of
the 18-team all-New Jersey schools conference places unique
hardships on Stateliner student-athletes.
Rubin argued otherwise, calling Phillipsburg's director
of secondary education George Chando, athletic director Tom
Fisher and business administrator Bill Poch, to testify on
the school district's behalf.
Chando said Phillipsburg's students -- at all levels --
miss too much class time and often return late at night
because of lengthy bus trips to play conference
opponents.
"Sometimes, our students are putting in 15- to 16-hour
days," Chando aid, "and being on a bus or in a gym isn't
conducive to studying. We had a wrestling match last year
during (January) final exams in which our kids had to leave
at 2:45 (p.m.) to get there for weigh-ins. They didn't get
home until 11 (p.m.)."
Fisher said the conference's recent realignment helped
cut down travel time in some sports but added time in
others.
"It's been a wash," Fisher said.
Fisher was asked by Delran principal John Fricke why he
didn't object to the 70-percent rule in 1999 when it was
being formulated in a NJSIAA committee.
"I wanted to protect the integrity of the NJSIAA so the
rule could get to the membership for a vote. That's why I
voted yes," Fisher said. "I didn't see any harm in voting
for it because I knew Phillipsburg was going to vote against
it."
Rubin said if the committee doesn't believe Phillipsburg
qualifies for a waiver because of the stated hardships, then
the NJSIAA should exempt the Stateliners from the 70-percent
rule because of a precedent set in 2000 when it granted a
waiver to Moorestown Friends School.
Moorestown Friends, a Quaker-affiliated school, received
the waiver so it could remain in the Pennsylvania-based
Friends League, though it did not show any hardships or ask
for religious favors in appealing the rule, Rubin said.
Corky Blake is a sports writer for The Express-Times. He can
be reached at 610-258-7171 or by e-mail at
cblake@express-times.com.
© 2004 The Express-Times. Used with
permission.
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