Heeb files suit over MSHSAA action

Acts of conspiracy and coercion are just some of the allegations presented in a petition filed in the Stoddard County Circuit Court last week on behalf of Scott County boys basketball coach David Heeb.

The petition was filed Sept. 6 by Heeb's attorneys, the firm of Scott, Kidwell and Scott. The Bell City School District as a representative of the Missouri State High School Activities Association and the Bell City School District individually are listed as the defendants.

Heeb and Scott County Central were handed penalties in April, after an MSHSAA review found that Heeb committed prohibited forms of undue influence. The complaint was filed with MSHSAA by Bell City, where Heeb coached the Cubs to two state championships in his five-year stint before taking the post at his alma mater in the summer of 2005. Bell City's allegations included statements from students who said Heeb attempted to recruit them to Scott County Central.

When reached Tuesday, Bell City superintendent Rhonda Niemczyk said she could not comment because she had not seen the petition.

MSHSAA spokesman Rick Kindhart said it is the general policy of association not to comment on litigation.

The petition surrounds the investigation and the penalties MSHSAA handed Heeb and Scott County Central. Heeb was suspended from coaching or attending basketball games for the second semester of the 2006-07 basketball season, including the state playoff series. He also was barred from organizing, conducting, supervising or attending any open gyms or any other open facilities for recreation activities.

The ban on open gym participation may last as long as Scott County's probationary period, which currently stands at three years.

The MSHSAA board revisited the situation in June, but voted unanimously "to uphold its previous opinions and actions" regarding Heeb's suspension, pending a review in April 2007.

"The overall goal is to try to get coach Heeb back to coaching," said attorney Paul Kidwell, who along with Joe Scott is working in Heeb's behalf. "The other goal is perhaps to put some breaks or reel in the Missouri State High School Activities Association. In our estimation, they have gone way out of their way to enforce their rules."

Said Heeb: "I just want to get all this behind me as quickly as I can, and this is just another step toward doing that. There's nothing good about it, nothing fun about it."

One of the allegations in the petition states students who provided statements supporting the allegations against Scott County and Heeb were "coerced and/or told what to say" in order to provide evidence.

"We have evidence the students Bell City used to provide the basis of their complaint have recanted," Kidwell said.

Also within the petition is a count alluding to civil conspiracy. The petition alleges Bell City basketball coach and athletic director Brian Brandtner, Bell City resident Melvin "Buck" Johnson, MSHSAA assistant executive director George Blase and others "came together collectively and agreed on a course of action which Plaintiff would be investigated, sanctioned and eventually barred from his employment as basketball coach for Scott County."

The petition also goes on to allege the actions taken by the MSHSAA are illegal as they result in actions taken against Heeb, a nonmember individual, "without due process of law."

Furthermore, the petition alleges Heeb was not "notified of the investigation, was not permitted to present evidence during the investigation, was unreasonably denied the opportunity to present evidence and witnesses on his own behalf at subsequent hearings, and was denied the right to confront his accusers and cross-examine them."

"Hopefully," Heeb said, "in the end the right verdict will come out and I can get my name cleared. This is more about my reputation and character than being able to coach games."

The petition seeks a declarative judgement, an injunction and monetary damages in excess of $25,000.

Heeb said the point of the monetary damages is not to get rich.

"As long as it pays for my lawyer, I could care less," he said.

The firm of Scott, Kidwell, and Scott also are currently representing the Naylor School District in a petition against the MSHSAA. That petition, which was filed in the spring, still is pending.

Heeb said he does not know what the time table for the process will be, but he realizes it may not come in time to help him get back on the court in the second semester.

"Things like this usually are slow," he said. "I don't guess I will coach many games this year, unless a miracle happens. I'll just leave that in Paul and Joe's hands."

Barring that miracle, the Braves are likely to be in the hands of legendary former Scott County coach Ronnie Cookson, who has helped with open gyms in Heeb's absence. Heeb said he has learned a lot with Cookson helping out and fellow Missouri coaching great Lennies McFerren at Scott County Central as principal.

"This whole thing has really taught me a lot," Heeb said. "I'm a lot more thankful at being at Scott Central than not being able to coach. What I've learned is I need Scott Central a lot more than they need me. It's really been a blessing from a personal standpoint.

"I really look at this as maybe God's way of teaching me something. This doesn't stop me from being able to help the kids at Scott Central."