Juan Diego student-athlete files suit against UHSAA citing discrimination on foreign student eligibility rule

A discrimination lawsuit was filed in federal court on Monday against the Utah High School Activities Association by a Juan Diego High foreign-exchange student regarding its recent rule change that prohibits foreign students on F1 visas from playing varsity sports in the postseason.

Legal representation for Juan Diego senior Zachary Szymakowski, who is from Australia, said the new UHSAA rule violates the Equal Protection Clause of the U.S. Constitution. He was Juan Diego’s varsity punter last year as a junior.

His lawyers also filed a motion for a temporary restraining order and preliminary injunction asserting, “The USHAA is no more permitted to discriminate on (based on a student’s foreign status) than for any other class. Just as the Constitution would prohibit the UHSAA from passing a rule that only white students may compete for championships (out of fear that white student-athletes are being “replaced” by students of color), the UHSAA is similarly prohibited from discriminating on basis of alienage and national origin.”

The UHSAA Board of Trustees approved the new F1 visa rule in May, and it was voted in by at least a 2/3 majority vote from member schools. It took effect beginning with the 2024-25 school year.

The rule doesn’t actually prevent foreign students from playing varsity sports during the regular season, but if a team does play a foreign student in varsity games, that team is ineligible for postseason play.

Layton Christian High’s football team made the decision at the start of the season to play its foreign students on F1 visas in varsity games, and as such coach Ray Stowers confirmed with the Deseret News that his team is ineligible to participate in the 2A playoffs when they begin Oct. 25.

Juan Diego chose not to play Szymakowski in its varsity games, and as a result it will be eligible to complete in the 3A playoffs.

Lawyers for Szymakowski filed an emergency motion to expedite the briefing and hearing in hopes that he might still be able to play in a varsity game this season. There are two weeks left in the football regular season.

The girls soccer playoffs start this week, and the girls volleyball playoffs begin in two weeks.

The timing of the suit with just two weeks left in the football regular season isn’t ideal for Szymakowski, but Juan Diego principal Galley Colosimo said the family and the legal team wanted to be very careful with all the details.

“The justice system moves very slowly. It was their family’s attempt to try and get a lawyer and legal arguments worked and try to make sure they had crossed their T’s and dotted their I’s so they didn’t try to file something that would not be appropriate. It’s an unfortunate way of timing,” Colosimo told the Deseret News.

He acknowledged the timing of the suit won’t be that impactful for fall sports students on F1 visas, but could be very beneficial to winter and spring sports students.

UHSAA lawyer Mark Van Wagoner said he received the complaint and filings on Monday night at 6:30 p.m., and he wasn’t aware if all 18 defendants named have received similar papers. Every member of the UHSAA Board of Trustees was named in the suit.

“One of the filings asks the court to severely shorten the time for the defendants to respond to these charges. Plaintiff wants to be on the varsity squad. The rule was publicly changed months ago. On August, 16, 20024 in the first football game of the season, when Juan Diego chose not to play him in the varsity game, he knew the effect of the rule,” said Van Wagoner in a statement to the Deseret News.

Van Wagoner confirmed that the investigation into the recruiting of F1 students-athletes by some high schools in Utah is ongoing. It’s what led to the rule change by the Board of Trustees.

The suit states that Szymakowski, “a dedicated and talented international student-athlete and other foreign students” have been adversely impacted by the “discriminatory actions.”

It goes on to say that “Through his time at Juan Diego, Zac has consistently demonstrated his commitment to academic and athletic excellence. Due to the UHSAA’s recently implemented rule that prohibits foreign students on F1 visas from participating in varsity-level athletics without severe restrictions, Zac has been unlawfully barred from playing for his school’s varsity football team this fall 2024 season.

“This rule not only undermines the UHSAA’s professed mission relating to student-athletes, but it subjects Zac, and student-athletes like him, to discrimination based on national origin and alienage. Zac seeks redress for these violations, emphasizing the importance of equal treatment for all students regardless of their national origin or alienage, and advocating or the integrity of high school athletics as a platform for inclusivity and opportunity.

“Zac brings this action individually and on behalf of a proposed class of Utah high school student-athletes legally attending Utah high schools on F1 visas to remedy Defendants’ unlawful discrimination based on national origin and alienage.”

While foreign students in the U.S. on F1 visas are ineligible to compete in the varsity postseason, the new UHSAA rule doesn’t prevent students on J1 visas from participating. Those students come to the U.S. through an agency and they don’t get to pick which school or state they’re sent to. Those visas are only good for one school year (August-June). F1 students can pick which high school they attend in the United Stats, which many believe opens the door for recruiting, which is against UHSAA rules.

Arizona’s high school association has a similar rule to the UHSAA, which doesn’t allow F1 students from playing varsity sports, but does allow J1 students.

Colosimo said Juan Diego currently has 26 students enrolled on F1 visas, including Szymakowski. The school confirmed that 10 students either withdrew their application or transferred after the UHSAA decision in May.

Colosimo said he just doesn’t understand why there are restrictions placed on F1 students from having the full high school experience.

“What the federal government has said is that F1 students are welcome to come and participate in schools in America. So to be an F1 student they have to qualify by completing this whole process that makes them F1. For that, they kind of expect to have an American high school experience,” said Colosimo.

“The association has their reason for doing what they’re doing, and what private schools would say is we just don’t know why they can’t have that full experience since they’re F1 students. It’s a legitimate program, it’s run by the federal government. They don’t come easily, you don’t just get on a plane and come to America, you have to complete this very expensive and complicated visa process.”