SALT LAKE CITY – Zac Szymakowski, an Australian international student and high school football player, has won a legal battle allowing him to play varsity football in Utah. A federal judge granted the 18-year-old senior at Juan Diego Catholic High School the right to join his team on the field for the first time this season, overturning a rule that restricted international students from participating in varsity athletics.
On Wednesday, U.S. District Judge Tena Campbell issued a temporary restraining order (TRO) after a three-hour hearing, ruling that the Utah High School Activities Association (UHSAA) must allow Szymakowski to play in his school’s final game of the season. The UHSAA, which represents 159 member schools, had introduced a rule in May preventing F1 visa holders from playing varsity sports. The association argued that the rule was necessary to prevent the recruitment of international players by its member schools, many of which are private institutions.
Rule Deemed Unconstitutional
Szymakowski’s attorney, David Jordan, filed the lawsuit approximately 10 days prior to the hearing, arguing that the rule was discriminatory against F1 visa students based solely on their immigration status. In her ruling, Judge Campbell agreed with the plaintiff’s argument.
“The court finds there is a strong likelihood that the student visa eligibility rule is unconstitutional,” Campbell wrote in her order. She further added that because all factors weighed in favor of the plaintiff, the court was compelled to grant the TRO. The order allows Szymakowski to play in the remainder of the 2024 football season, without jeopardizing his school’s eligibility for postseason competition.
Juan Diego Catholic High School is set to host Grantsville High School for their regular season finale on Thursday, and Szymakowski, who was initially unsure if he would even be allowed to suit up for the game, is now able to join his teammates on the field.
A Fight for Future Players
Szymakowski had previously expressed that while he did not expect to play varsity football this year, he felt the legal challenge was important to protect future international students from facing the same exclusion.
“I probably won’t get to play varsity this year, but there are people who will be in my situation in the future,” he said in an interview. “I don’t want them to go through what I’ve experienced.”
His lawsuit has garnered attention not just for its implications on Szymakowski’s football career, but for the broader question of equal treatment of international students in school sports. The court’s ruling has opened the door for further scrutiny of the UHSAA’s rule-making process and its treatment of non-citizen students.
UHSAA’s Reaction
Mark Van Wagoner, attorney for the Utah High School Activities Association, expressed disappointment and surprise at the court’s decision to grant the TRO. He noted that the rule was overwhelmingly supported by the association’s member schools.
“We will contest any preliminary injunction hearing, which may well be scheduled after the plaintiff has finished his high school football career,” Van Wagoner stated. “The court ignored the fact that the rule overwhelmingly passed a vote of the UHSAA schools.”
The association’s defense, led by attorney Craig Parry, argued that Szymakowski was aware of the rule change as early as May but did not retain legal counsel until August, too late to seek emergency relief. However, the court rejected this argument, finding Szymakowski’s explanation for the delay credible. According to court documents, the student was initially informed by his coach and international student adviser that discussions were ongoing to grant him an exception to the rule, only learning shortly before the football season that his request had been denied.
The Court’s Rationale
Judge Campbell’s ruling emphasized that the requested TRO was prohibitory, not mandatory. The order does not compel the UHSAA to reinstate Szymakowski’s eligibility or allow Juan Diego to compete in postseason tournaments. Instead, it simply prohibits the enforcement of the student visa eligibility rule for the remainder of the 2024 football season.
In a 38-page ruling, the judge questioned why the UHSAA felt the need to enforce a rule specifically targeting F1 visa holders when the association already had measures in place to address recruiting violations involving all students.
“The court is unaware of how many students on F-1 visas currently attend high school in Utah, how many are credibly the subject of recruiting violations, and how many are credibly the subject of abuse,” the ruling stated. Judge Campbell expressed doubts about the extent of the problem, noting that the UHSAA itself appeared to lack clear data on the number of international students being recruited improperly.
Broader Implications for International Students
The court’s decision has broader implications for the 26 international students attending Juan Diego High School on F1 visas, many of whom are involved in sports. Due to the UHSAA rule, about 10 of these students had already transferred to other schools that do not compete in the UHSAA system. Juan Diego’s spokeswoman confirmed that several students left the school specifically because of the association’s restrictions.
During Wednesday’s hearing, Juan Diego’s football coach, Danny Larson, mentioned that a coach from Snow College had been planning to attend the game to scout several players, including Szymakowski. Had the TRO not been granted, Szymakowski would have been left on the sidelines, despite his desire to stay involved with the team and support his peers.
Staying Involved Despite Setbacks
Despite the challenges, Szymakowski has remained an active part of the football program at Juan Diego. In addition to playing in junior varsity games and practicing with the varsity team, he has taken on additional responsibilities, including managing the team’s social media presence.
“I’ve done what I can to stay involved,” Szymakowski said. “I’ve been managing their social media page as well, trying to promote the team. There are a lot of good athletes on our team, and I wanted to give back to them, as they have given to me.”
The case will likely have significant implications for international students in Utah high schools, as well as for other states with similar rules. For now, though, Szymakowski’s victory in court means he will be able to finish his senior year as a full member of the team he has worked hard to support.
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