A high school basketball player in Illinois who had been cut from the team was reinstated this week following a lawsuit filed by the boy's mother.
Erin Savage is suing the Hinsdale Township School District and employees because she told the Chicago Sun Times that her son Brendan, a senior, was cut from the basketball team in retaliation for the family filing a complaint against the previous coach, Michael Moretti. Hinsdale South boys basketball coach Michael Belcaster cut Brendan after tryouts this fall. Previously, Brendan had started in "probably every game" as a sophomore and junior, his mother said.
Savage filed the lawsuit this week in the United States District Court for the Northern District of Illinois, Eastern Division. She heard from the Hinsdale Township School District’s lawyer Tuesday morning saying Brendan is back on the boys basketball team.
“It is awesome,” Savage told the Sun-Times. “He can finally start playing tomorrow. They have their first game tonight. He will miss that but they play Downers Grove South on Friday and that is going to be a big game.”
Although Brendan has been added back to the team, the school district didn’t give the Savages any guarantee that Brendan would receive playing time.
“How stupid would it be to have Brendan sitting there on the bench?” Savage said. “They haven’t said anything about that but are hoping he will play.”
The lawsuit hasn’t been dropped yet.
“The case isn’t over but it is no longer an emergency since he his back on the team,” Savage’s lawyer Steven Glink told the Sun-Times. “If they put him on the team and never play him it is the same retaliation. But for now it is great news. I’m very happy for the boy and his parents and I applaud the board for doing the right thing.”
Named in the lawsuit are the Hinsdale Township Board of Education, interim superintendent Linda Yonke, Hinsdale South principal Patrick Hardy, Hinsdale Township School District assistant superintendent of human resources Cheryl Moore, Hinsdale South athletic director Art Ostrow and Belcaster.
“I’ve never filed a lawsuit before,” Savage said. “Our six kids have been involved in approximately 31 varsity sports at the high school. I’ve never complained about a coach. But we’ve also never encountered [someone] who thinks he can do whatever he wants. That was [Moretti].”
According to Savage, Brendan scored 35 points in a loss to Proviso East last season and was named to the all-conference team in the West Suburban Conference as a sophomore and junior.
“This is more than just about him being cut from the basketball team,’’ Glink told the Sun-Times on Monday. ‘‘This is about what I feel is retaliation of his First Amendment rights. He spoke out against the coach. They substantiated it. The coach got demoted. He tries out for the team, he’s all-conference as a sophomore and junior and now he doesn’t make the team as a senior? That doesn’t pass the smell test in my book.’’
On May 7, Savage filed a complaint with the school board against Moretti, alleging verbal abuse, bullying and humiliation.
On June 14, the school district responded with a letter from acting superintendent Chris Covino to Savage. It said an investigation determined ‘‘the preponderance of the evidence does not substantiate that Mr. Moretti bullied your son in violation of Board Policy.’’
The letter went on to say that ‘‘the investigation did substantiate that Mr. Moretti’s interactions and communication with your son have been inappropriate and inconsistent with the high standards of professionalism expected of all employees under Board Policy ... Further, please be advised that the District does not tolerate any form of retaliation because you have made this complaint.’’
The lawsuit alleges that Belcaster cut Savage from the team this season in retaliation for the complaint, which violates “clearly established First Amendment law as well as the BOE’s policy,” and asks for $75,000 plus costs and attorney fees.
Glink filed an emergency motion Monday asking the judge to order the school to put Savage on the team and give him playing time.
“Even if they put him on the team and never play him, it is the same retaliation,” Glink said.
The Sun-Times reported that Hinsdale South director of communications Chris Jasculca said the district doesn’t comment on legal matters.
