Judge Rules Canyon Coach Can Return to Job : High school football: Harry Welch was accused of conducting an off-season practice in violation of Southern Section rules. The injunction stays a 5 1/2-month suspension.
In a stunning rebuke of the Southern Section’s case, a San Fernando Superior Court judge Monday granted a preliminary injunction to Harry Welch, allowing the Canyon High football coach to retain his job.
Judge Haig Kehiayan’s ruling after a 90-minute hearing assures that Welch will coach at Canyon High in Canyon Country this fall and was greeted by applause from a standing-room-only crowd of nearly 100 Welch supporters. The injunction stays a 5 1/2-month suspension recommended by the Southern Section and accepted by Canyon High that would have barred Welch from contact with his players until Dec. 31.
Welch was accused of conducting an off-season practice in violation of Southern Section rules.
The injunction remains in effect until the civil case goes to trial, which could take six months to two years. Welch, who named the Southern Section, the William S. Hart Union High School District and Canyon High in his suit, will seek court costs and damages.
Welch had won a temporary restraining order and was reinstated as coach July 31 after serving two weeks of his suspension. He continued coaching Monday, leading an afternoon practice.
“I feel elated,†Welch said. “The judge made it very clear that the cause was right. How could a judge have ruled more in our favor?â€
Kehiayan granted the injunction Monday based on briefs supplied by the Southern Section and Welch and after hearing arguments from attorneys representing Welch, the Southern Section and the school district.
In handing down the decision, Kehiayan sided almost completely with Welch, saying the Southern Section provided no competent evidence, denied Welch due process and acted arbitrarily. He also dismissed evidence provided by Southern Section Commissioner Stan Thomas as hearsay.
“This is an improper attempt†by the Southern Section to “exercise authority over the school district, the school and Welch,†Kehiayan said. “There is a total lack of facts. Canyon and the Hart district are relieved of any obligation to comply with the recommendation†to suspend Welch.
The judge also agreed with Welch’s argument that the coach’s decision to not pursue an appeal at the state level with the California Interscholastic Federation was proper because it was a “futile pursuit.â€
In addition, the judge asked for Welch to place only a $1 bond against damages that the Southern Section might incur because of the injunction. The Southern Section had asked for $7,500.
The Southern Section will not appeal Monday’s ruling, according to Thomas, who admitted that his case was hit hard in court.
“I guess we got beat up pretty good, but as far as I’m concerned, the matter is closed,†Thomas said. “I have no control over the courts. I guess we are procedurally incorrect. Well, so be it.â€
Thomas may have resigned himself to the outcome but he remains convinced that Welch is responsible for rule violations. The Southern Section based its case on admissions by Canyon Principal William White that rule violations had occurred.
White made the admission at a June investigation conducted by Thomas after a photograph appeared in a local newspaper that showed a Canyon High football player hitting a blocking dummy with teammates and Assistant Coach Brian Stiman watching.
Southern Section rules prohibit the use of sleds and blocking dummies in the off-season.
Welch admitted that violations were committed but not by him.
“The laws are there to protect all people and, in this case, they have protected a person who has been involved in some way with multiple violations of our rules,†Thomas said. “It’s hard to accept the fact that even though the school admits to violations, Mr. Welch will be the football coach.â€
Stephen J. Tully, Welch’s attorney, who called the ruling a vindication for Welch, repeated his claim that the Southern Section has treated Welch unfairly.
“Harry doesn’t deserve what’s happened to him,†he said. “This raises serious questions about the way the Southern Section does business.â€
That consideration was apparently of little interest to Canyon High players, who celebrated the ruling as heartily as a playoff victory.
Craig Reiter, a senior linebacker, summed up the mood when he said: “It’s great to have him back.â€
Also relieved was White, who has dropped his search for a new football coach.
“I’m relieved that a decision has been made and we can resume with our program,†he said. “The pickings for a new coach were not great out there, and I’m glad I don’t have to look for a new one.â€
Welch will begin his 10th season at Canyon High when the Cowboys open against Hart on Sept. 13. He has posted a 100-19-1 record in nine seasons and led Canyon to three Southern Section titles.
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