Sports

A lawsuit filed on behalf of three Batavia High School softball players alleges that the varsity softball field there is substandard, but Section V officials and area softball coaches say the field isn't anything out of the ordinary.

Yes, it's not Dwyer Stadium, where the boys play baseball, but no coach has ever complained about the facilities at BHS, according to Bob Huber, chairman of the Section V girls softball committee.

In fact, the BHS has been used previously for neutral-ground games during early Section V playoff rounds.

Representing the girls in the suit is the Empire Justice Center out of Rochester.

The suit alleges a violation of Title IX, a federal law in place since 1972 mandating equal opportunity in public school sports.

According to the suit, the girls have been denied their rights under Title IX because the girl's softball field is not comparable to Dwyer Stadium.

Dwyer was built nearly 20 years ago at a cost of $3 million, which was financed by state grants and a city bond. The school district did not participate in its construction or financing.

The Batavia Muckdogs, a short-season Class A team affiliated with the Miami Marlins and owned primarily by the community, plays at Dwyer from June to September. During the spring, the field is open to high school and college teams.

For high school games, the Muckdogs collect $175 per game (Notre Dame plays at Dwyer as well).

Muckdogs General Manager Travis Sick said the $175 fee barely covers the cost of making the field available to high school teams.

"It's a community service and the city owns the stadium," Sick said. "We're happy to make it available."

The suit says the facilities are unequal because the girls field doesn't have 2,200 covered grandstand seats, nor lightning for night games, a ticket booth, an outfield fence, an electronic scoreboard, press box, covered dugouts, concession stand and bullpens.

Of course, the boys don't use all those amenities at Dwyer. Typically, fewer than 200 people attend a high school game.

CORRECTION: Only Notre Dame boys play night games at Dwyer -- twice a year.

But no high school games involve selling tickets and the concession stands are never open during high school games.

Dwyer is also one of the most cavernous professional stadiums around with 330 feet from home plate down each line. Few high school players can hit a home run over Dwyer's 12-foot-high outfield walls.

The suit alleges the girls playing at BHS can't hit-out-of-the-park home runs because there is no fence.

There is no fence at BHS because the outfield overlaps with a soccer field.

Also, according to the suit the "infield is covered with pebble-sized gravel mixed with some dirt, making it dangerous and painful for players to slide."

Ron Funke, athletic director and girls softball coach with Pembroke HS, and a member of the Section V committee, said the Batavia field is the same quality typical not only of girls fields, but boys fields, throughout Section V.

It's a special infield mix commonly used on softball and baseball fields, he said.

The suit states, "The infield material makes it harder for the players to play at their most competitive level and has given them a reputation in their league for having the worst field."

But both Funke and Huber said they've never heard complaints about Batavia's field and Funke said he thinks it's a fine place to play.

Funke indicated he was a little baffled by the suit.

"I don't know where else they'd play," Funke said. "There isn’t anything for softball other than GCC and there isn’t another facility like Dwyer for the girls to play in, and GCC has their own games to play."

The school distirct did manage to schedule four of the girls' 11 home games this season at GCC.

But even GCC's field doesn't have the amenities of Dwyer.

We called the Empire Justice center to respond to some of these issues, but the attorney handling the case is not giving interviews. We were told the center would issue a written statement for all media at a later time.

While the suit alleges that many girls fields in "the league" have fences, dugouts and seating, both Huber and Funke said it's really a mixed bag. There are several teams without fences, they said.

Both said there are also some boys' teams in Section V that play on fields without dugouts and bullpens.

The suit has multiple paragraphs covering the lack of night lightning for girls softball, noting that night games "have a big-league quality not associated with day games."

There are never night high school games played at Dwyer because night lighting is expensive.

The school district included proposed upgrades to the girls' field as part of a bond measure rejected by voters in 2011, and are including $110,000 in funding for upgrades in a bond measure that will go before voters next month.

School officials say, and the suit acknowledges, that Empire Justice attorneys were aware of the proposed bond measure before filing the lawsuit.

The suit complains that if the bond passes, improvements will only cover dugouts, scoreboard and a fence, and that the changes won't take place prior to the 2013 season.

The students named as plaintiffs in the suit are Rebecca Myers, 14, who's a student at Batavia Middle School, Elizabeth Myers, 17, a junior and captain of the team, and Kimberly Walsh, 17 and a senior.

The class-action suit seeks relief for all current and future girl softball players at BHS.

Currently, the school has no JV softball team because of a lack of participating students. In order to field a team for the 2013 season, the team includes two seventh-grade students and one eighth-grade student.

Asked if he was concerned that the district could go to the expense of upgrading the facilities and dealing with the lawsuit only to find that in a season or two, there will be no softball team due to lack of participation, Superintendent Chris Dailey said he is not concerned.

Asked if the district has considered moving the boys out of Dwyer and to one of the district's three baseball fields, Dailey said, "We're always thinking."

Dailey said he doesn't have an estimate yet on how much it will cost the district to respond to the suit.

If the cost of upgrades to the softball field is $110,000, the district will take nearly 45 years at $175 per game to pay $110,000 for the boys to play at Dwyer.

Press release:

On April 5, the Batavia City School District received notification that a lawsuit was filed by the Empire Justice Center on behalf of a few District parents with the intent to demand an immediate upgrade to the girls’ softball field claiming the District was in violation of Title IX of the Educational Amendments of 1972.

The District believes this lawsuit is misguided as the issues addressed in the lawsuit have already been diligently pursued and we have prepared a proposition for voter approval during the annual District’s budget vote in May 2013.

In 2011, softball field upgrades were included in the District’s capital-improvements project proposal which was ultimately voted down by the taxpayers. Even after the capital improvement proposition was voted down, the District allocated as much funding as possible for material and labor to resurface the girls’ softball infield. In addition, arrangements were made to have nearly half of the home games played at an area premier softball facility, Genesee Community College.

The District also continues to make regular maintenance on this field and whatever improvements it can make within the approved budget. To continue its efforts to upgrade the softball field, in 2012, the District commenced an architectural study to address resurfacing the field, installing dugouts, an electronic scoreboard and outfield fencing. This plan was reviewed and approved by the Board of Education at its Feb.12, 2013 meeting.

A proposal to fund this plan, which also includes capital improvements for District buildings and the Richmond Memorial Library, will be placed on the ballot during the annual vote on the District’s budget on May 21. If the voters approve this capital proposition, the District will initiate the upgrades to the field as outlined above after the softball season ends so as not to disrupt the current season.     

Subsequent to the Board’s approval of the plan, the District received a letter on February 20, 2013 from the Empire Justice Center demanding that the softball field be upgraded immediately. The District met with representatives of the Empire Justice Center to review the matter.

We explained that the requested upgrades in their letter were the same improvements already incorporated into the District’s proposed project with the exception of night lighting. We shared with these representatives that commencing an upgrade immediately was impractical given that the work would render the field unplayable for most of the season as well as that the work was duplicative of that included within the District’s proposed capital project.

Unfortunately, the District’s good-faith efforts in terms of work already done to the field as well as the presentation of comprehensive facility upgrades to the voters for approval in May 2013 were ignored. However, with just a few more months of patience, it is the District’s belief that it will be able to embark on a comprehensive and complete renovation to the softball facilities.

Blue Devil's pitcher Ryan Tenney went five innings Friday, surrendering only three hits and two earned runs in his first varsity start and Head Coach Richard Saunders is hopeful the performance is a sign of good things to come.

"If he can throw like that the rest of the year, I've found my solid #2 starter," Saunders said.

Despite Tenney's strong performance, Batavia dropped the contest to Medina 6-3.

It's the first game of the season and the cobwebs showed, Saunders said.

"Any time you go out for the first time in the spring, you're going to have some glitches in the game," Saunders said. "I think the whole game boiled down to the fact that we had some plays that we'll make all year long and we didn't make them today. That put us behind the eight ball the whole time."

Saunders expects his team to contend not just for the division lead, but a sectional title in Class B.

"We went to the finals last year and I've got six guys from that team coming back," Saunders said. "I might not have my big boppers, but I've got guys who can run and play defense. I expect to be there with this team."

Tenney, Zach Hale and Tom Grammatico each had an RBI. Zeke Lynn had two hits.

Top photo, Brett Scheurelein getting a hit in the third inning.

Ryan Tenney

Tom Grammatico was tossed from the game after he failed to slide coming into home plate. In the style of Pete Rose, Grammatico bowled over Medina's catcher, dislodging the ball from the catcher's glove. The home plate umpire initially ruled Grammatico safe, but after consulting with the field umpire, reversed the call and tossed Grammatico. In Section V players must slide rather than running into players at any base.

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In a match-up between two of the top men's lacrosse programs in the NJCAA, Onondaga Community College proved why they are the number one team in the country on Saturday afternoon, defeating No. 3 Genesee Community College, 23-9.

A rematch of last year's NJCAA national semifinals, the Lazers wasted little time and scored only 23 seconds into the first quarter to grab a 1-0 lead. They upped their lead to 2-0 just two minutes later before Chris Rabung got Genesee on the board at the 3:55 mark. Onondaga then scored four straight goals before Christian Reiller scored his first of two goals in the game at the 12:16 mark to draw GCC to within four at 6-2. The Lazers responded and scored the final three goals of the quarter to take a 9-2 lead into the second.

Four more OCC goals to start the second quarter had Genesee trailing by 11 until Nick Gray scored a man-up goal to make it 13-3. Seth Oakes and Tim Barber scored for Onondaga at the 9:35 and 10:34 marks, respectively, but the Cougars scored the final two goals of the half when Pete DiLaura scored an unassisted goal and Blake Hurt took advantage of a two-man-up situation with a goal of his own. GCC trailed 15-5 at the half.

In the second half, Tyler Skowronski answered an early OCC goal with his first of two goals on the afternoon, but the Lazers offense was too much and never allowed Genesee to cut their lead into single digits. Skowronski scored his second goal following a Charlie Evans goal and Reiller added his second goal late in quarter, but OCC led 19-9 going into the fourth.

The Lazers scored the only four goals of the final period and with the win improve to 7-0 on the season.

Brady Lawrence made 15 saves in net for Genesee. DiLaura ended with a goal, an assist and five takeaways. Evans was 14 of 23 on face-offs and led the team with 14 ground balls.

Genesee is now 7-1 on the season and will travel to Niagara County Community College on Tuesday for a 4 p.m. start.

PHOTOS by Howard Owens. Top, Mike Chambers takes a shot late in the second quarter. Below, Nick Susko, Wayne Hill and Chambers.

It took a tiebreaker, but Batavia High School came out on top in the 2013 GLOW-region Mock Trial Tournament.

In Monday's final round, held in Warsaw, Batavia and Pembroke each scored 110 points in two simultaneous trials.

The plaintiff sides for both teams won their respective trials, making both teams 1-1 on the evening.

Wyoming County Court Judge Michael F. Griffith presided over one trial and and attorney Michael M. Mohun presided over the second.

The tiebreaker came down to Batavia scoring 114 points in the semifinal round to 90 for Pembroke.

The case involved a lawsuit by a student who accused a technical, private college of not providing the education and opportunities promised prior to his/her enrollment.

The photos are from Mohun's courtroom with Pembroke on the plaintiff side and Batavia on defense.

For Pembroke: Ben Reiner, Brandon Kohorst and Erik Schoenecker were plaintiff attorneys and Cody Zajaczkowski, Karen Glomb and Bryan Cox were witnesses.

The defense attorneys for Batavia: Trey Abdella, Danielle Quinn, McKenzie Stevens; the witnesses: Eric DiLaura, Cara Ranalli, Katie Kesler.

Batavia advances to the regional tournament, which will be held in the Genesee County Courthouse this year. The date, yet to be determined, will be one of the last two Saturdays in April.

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Parents, ensure the moments from the recent basketball season are preserved for years to come -- buy prints of photos from the games of the Batavia Blue Devils and the Notre Dame Fighting Irish.

We captured the post-season action (and for the Notre Dame girls, the Rotary Tournament). (State championship photos are not for sale because of NYSPHSAA rules.)

Click the graphics in this post for links to the galleries of each of the games, which includes all sports covered so far in 2013 for both schools. Or for Batavia, click here, and for Notre Dame, click here.

And for today only, we'll offer one more time: become a member of The Batavian Club and receive a free 13x19 print of the basketball photo of your choice. Click here for details.

Three former football players for Batavia and Le Roy have been named to Section V Football Hall of Fame, according to an item on the D&C's Web site.

William Bosseler (Batavia): All-America in 1965. Played at then University of Buffalo. Later coached at McQuaid and Cardinal Mooney.

Brandon Shaughnessy (Le Roy): All-star on the 1995 Le Roy state champion team and a 1996 AGR team member. All-conference second team tight end and captain at State University of New York at Buffalo.

David Shaughnessy (Le Roy): First-team all-state lineman in 1995. Two-time AGR selection. The former Section V Championship MVP played went on to Ithaca College.

Press release:

A group of Batavia High School alumni are creating a BHS football alumni club. The Blue Devils Gridiron Club is an organization of current and former players, parents, families, coaches, and friends who provide financial support and volunteer services for a wide variety of functions in coordination with the Batavia High School football program.

This year’s Gridiron Club events will be held on Saturday, Aug. 3 and Sunday, Aug. 4. The events will include a golf tournament, an open house and a family day at VanDetta Stadium. There will be several levels of membership available. The primary goals of the club are to foster a positive atmosphere for current players, provide financial support to the football program, provide networking opportunities for alumni, and create connections to keep the Blue Devil spirit alive. 

For more information or to obtain a membership application please contact the Head Varsity Coach Brennan Briggs at Bataviafootballalumni@yahoo.com or Class of 1982 Alumni Pat Salvador at (315) 317-6365. You can also visit us on face book by searching Batavia Blue Devils.

It should come as no surprise that Notre Dame, the state's Class D champion in girls basketball has been ranked #1 in the final state rankings by the New York Sprotswriters Association.

What may be surprising is the team the Fighting Irish beat in the first round of sectional play is ranked #5.

The Elba Lady Lancers made the top five despite being knocked out in the first round of post-season play.

Elba finished with a 19-2 record and came into the post season as the reigning state champions.

Notre Dame, with 21 wins, suffered only two losses on the season, both to Elba.  The case could be made that Elba should be ranked #2.

Ranked ahead of Elba was Oriskany (22-1) at #2, the team Notre Dame beat in the state finals, and Ford Edward (22-1), who lost to ND in the semi-finals is #3. The #4 team is Hammond (21-3), which lost to Fort Edward in regional play.

Sherman, whose coach Mel Swason, complained about Notre Dame being a private school, was ranked #8 with a 18-3 record.

Mt. Morris (16-6), which lost a Class D Section V consolidation game to Notre Dame, is ranked #11.

Team leaders step up in big games, and that's what Mel Taylor did Sunday to help the Fighting Irish secure a St. Patrick's Day victory in the Class D Girls State Championship game at Hudson Valley College in Troy.

"I figured Mel would come up big today," said Head Coach Dave Pero. "She struggled yesterday, and she’s the type that if she struggles once, she’s not going to struggle a second time."

Notre Dame beat Oriskany 52-40 to capture the team's second state championship (the first came in 1999). It was Pero's first state championship as head coach of the Lady Irish.

Taylor finished with 24 points and was named MVP, but it was her 12 points in the first half that put Notre Dame in a position to win.

"Mel is great ball handler," senior Riley Norton said. "She’s very smart. She sets up our offense. Without her, we know we wouldn’t have gone anywhere. It was a team effort, but Mel played amazing tonight. It was a great night (of) play, amazing."

As usual, the Fighting Irish defense made it very hard for an opponent to take many shots and then keep them off balance when they do, but like the semifinal game against Fort Edward, the Lady Irish couldn't get many of their own shots to drop, except for Taylor.

On Taylor's back, Notre Dame carried an 18-18 tie into the half.

"In the locker room we all said, 'just keep shooting' " Norton said. "Miss as many as you want because it’s going to happen. It’s always going to happen. If you get down on yourself then obviously you're not going to score."

Norton, who finished with 14 points, only hit three of her 10 three-point tries on the game, but two of those came early in the third quarter to help spark a rally that put Oriskany in a deep hole.

The Irish outscored Oriskany 22-10 in the quarter.

"We tried to wear them down with our press and they finally collapsed for about two minutes, and that’s all it takes in a game like this," Pero said.

For several of the girls, this is their second state championship in 12 months. Some of the team played on the 2012 softball team.

For Laurie Call, this was her third state championship. She also has a patch on her jacket for cross-country.

"It feels pretty great, but I just take it one thing at a time," said the junior from Oakfield. "I'm just so blessed and honored to be doing this."

While Call is credited with three points total for the game, she is many ways the spark plug of the team. Her main contribution -- defensive play that makes it hard for opponents to organize their offenses -- isn't something that gets measured on stat sheets.

Call is an aggressive, in-your-face defender. That aggression got her into foul trouble against Mt. Morris in the Section V Class D consolidation game, but she learned her lesson.

"I kept saying today – no steals, just pressure," Call said. "I just kind of kept that in my head the whole day."

Notre Dame's playbooks are written around defense -- keep the other team close, because eventually, you will start scoring.

"You can't turn them (shots) down," Pero said. "Maddie Mancuso, who’s coming off the bench, she shot five threes in the first half. They’re all great looks. They went in and out. I told her at half-time, you keep getting them, you keep shooting them. One drops, that’s three points. That’s our motto, we’ve got to keep shooting the basketball."

Shea Norton also contributed to the defensive effort with nine rebounds. She also added six points.

Oriskany's leading scorer, Christina Graziadei, was held  to four points. Only one Redskin managed double-digit scoring, and that was sophomore guard Madison Zizzi, who had 11.

Ever since the Section V playoff win against Elba, the Lady Irish have been playing with more and more confidence each game.

Going into that big match with their chief rival, the Lady Lancers were defending state champions and had beaten Notre Dame five straight games, including the first two regular season games this year.

"Beating Elba just showed us we can do anything," Norton said. "We knew in our hearts we could beat them, but they came back and beat us the two times during the season. After we beat them, it was just 'thank the Lord,' and we were ready to go. We were ready to come here."

There's no doubt the Elba game helped propel the Irish forward, Pero said, but the whole season has been full of games that helped prepare his team for state-level competition.

"Our schedule really played a part of this post season," Pero said. "Not only playing Elba three times, and Romulus, but Plattsburgh was a great team in our first opening round game. They’re going to be a team to beat down the road. Then playing Batavia at the college in the Rotary Tournament, all of those things are a plus for us. We use those every game to talk about who we have to play and what we have to do. We look back at those and compare them to what we have here, it really forces the girls to focus on what they have to do to win."

When it came to crunch time Sunday afternoon, Taylor said she was so focused she didn't even realize her team had built a commanding 10-point lead. 

Before that run, she said, she gave her teammates a pep talk.

"I didn’t want another Mt. Morris," Taylor said. "I didn’t want us to go down and lose confidence. I told everyone pull it together. It’s zero zero. That shot you missed never happened. We have short memories as athletes. We need to get over it so we can keep shooting and eventually they’ll go in."

The girls all said it felt like a dream once they realized victory was in their grasp. Norton said she wasn't counting on a win until the final 16 seconds, with a 12-point lead, but even then, she still couldn't believe it.

"I was sitting on the bench and I looked at everybody and I’m like ‘we just won?’   This feeling, I can’t describe it. I’m overjoyed. It’s just an amazing feeling."

Top photo: Taylor, Riley Norton, Shea Norton and Laurie Call celebrate as time expires.

Taylor in for a lay-up in the first quarter.

Driving up the lane, Taylor passes during third-quarter action.

Riley Norton and Mel Taylor wait for Shea Norton to take her second free throw during the closing minute of the game.

Pandemonium reigned for several minutes after time expired on the championship game.

When the team returned to Batavia, the caravan of players, fans and parents were given a police and fire escort down Main Street.

Following the return home, a victory party at T.F. Brown's.

Two slide shows below. One from inside the arena, the other, post-game celebrations. NYSPHSAA rules prohibit any media outlet that received credentials from posting photos for sale, so I can't sell the photos in the first slide show. You can purchase prints from the second slide show. To do that, click here.