Two basketball players from Peabody who had transferred to St. Mary’s with hopes of playing there have had their waiver requests denied by the Massachusetts Interscholastic Athletic Council.
Junior Chibuikem Onwuogu and sophomore Sammy Battista, both of whom saw action last year with the Tanners, have exhausted their avenue for appeals through the state athletic association. Both families have retained lawyers and are considering taking the state to court in efforts to get the MIAC’s denial overturned.
Athletes who have seen varsity action in a particular sport and who transfer schools are automatically deemed ineligible to participate in that sport for the next year unless the schools agree among themselves to allow the athlete to play.
Peabody did not sign off on requests that either Onwuogu or Battista be allowed to play. The next step was a waiver hearing before the MIAA, which was also denied. The MIAC likewise turned St. Mary’s down, which was the final step in the process.
“As far as we’re concerned, the matter is finished,” said St. Mary’s athletic director Jeff Newhall. “We cannot do anymore, and the two students will not be able to play basketball for the remainder of the season. Our involvement in this matter is over.”
Although repeated attempts to contact Peabody High officials for this story proved unsuccessful, reason for Peabody’s objection to allowing the two students to play for St. Mary’s is illegal recruitment — a charge Newhall denies.
“There was no recruiting,” said Newhall, who added that the school was not involved with, or did not have any knowledge of, efforts by any third parties, regardless of their perceived associations with St. Mary’s.
Leo Fama, who is representing Onwuogu’s family, said the reasons for transferring to St. Mary’s were academic. Nathaniel Spinney, representing the Battistas, said his client was likewise motivated by academics.
“He (Onwuogu) was a fair student at Peabody, but he’s doing well at St. Mary’s. He’s excited to be there.”
Also, Fama said, when the family first came to the U.S. from Nigeria in 2001, they settled in Lynn and joined St. Mary’s parish.
“That was the first group that welcomed the family,” he said, “and St. Mary’s is still their church.”
“We are discouraged with the ruling and the process,” said Spinney. “What is happening, ultimately, is that because of an adult’s alleged wrongdoing, a kid has to sit out an activity that his beneficial to him in his educational journey.
“The decision to transfer was educationally motivated,” Spinney said. “Because there is an allegation of recruitment he doesn’t get the opportunity to play basketball, something that helps him.”
