Judge sides with wrestler in lawsuit against IHSA, grants temporary restraining order

CHICAGO - A student-athlete with sights set on earning a college wrestling scholarship is going up against the Illinois High School Association (IHSA) in court.  

After transferring schools, the Montini Catholic High School student was barred from competing.

The senior took legal action and on Thursday, a judge's ruling put him back on the mat. 

"It’s taken a toll on him the past couple months, so it’s been really hard. It’s who he is, so for him not to be able to wrestle, it’s been very difficult," said Amanda Konder, Harrison Konder’s mom.

Just hours after a win in court, Harrison Konder made his debut as a Montini competitor during a wrestling meet held Thursday evening at St. Patrick High School.

"It’s hard to even put it in words, it was everything I could ask for," said Harrison Konder.

Attorneys for the 17-year-old, who is hearing-impaired, allege the IHSA is discriminating against the wrestler.

"It was hard; it took a big toll on me," said Harrison Konder.

RELATED: Lombard wrestler with hearing disability sues IHSA for not letting him compete after school transfer

The Montini Catholic High School student, who formerly attended Downers Grove North High School, says his grades started to slip last school year. In response, he sought smaller class sizes and more individualized attention.

"We went to Montini for his educational purposes. He is hard of hearing and a small classroom is so much better for him," said Amanda Konder.

Amanda Konder says her son's doctors even provided written recommendations for the move.

In the fall, his parents transferred guardianship to his grandmother in an effort to comply with IHSA rules.  

Still, the IHSA says its transfer by-laws prohibited Konder from competing.

"We knew it could be an issue, but we knew there were steps to take, and we did that," said Amanda Konder.

The Konders appealed the IHSA’s decision, but this week a letter from the IHSA announced the organization wasn’t budging.

The letter, sent to a Montini representative, also noted that there was no evidence Konder sought learning accommodations at Downers Grove North High School prior to transferring; however, Amanda Konder says that’s inaccurate.

"He did have an IEP. He’s had an IEP since he’s been 5 years old," she said.  

Harrison Konder sued the IHSA, and on Thursday, a judge sided with the teen, granting him a temporary restraining order, which allows him to return to competition for the time being.

"I was ecstatic when I heard the news," said Harrison Konder.

After being sidelined for several months, the senior student-athlete is back in competition – just in time for regionals in a few weeks.  

On Thursday, like no time had passed, Konder won both matches by pinning his opponent, telling FOX 32 Chicago that his team has played a role in keeping his spirits up.

"They’ve been so supportive, always asking me if I need help or anything. I couldn’t ask for a better team," said Harrison Konder.

The IHSA, on Thursday, provided the following statement to FOX 32 Chicago:

"While we disagree with the ruling, the Illinois High School Association (IHSA) remains respectful of the decision made earlier today by the Honorable Jorge Alonso of the Northern District Court in granting a Temporary Restraining Order enjoining enforcement of the IHSA Board of Directors ruling. As a private membership organization, the IHSA staff and Board of Directors are tasked with upholding the by-laws voted into existence by IHSA member schools. We will continue to assess our legal options moving forward and will have no further comment while the litigation is ongoing." – IHSA Executive Director Craig Anderson

The legal fight isn't over yet. The temporary restraining order will be in effect until Konder’s next court date on Jan. 25.