UIL violation? Flower Mound Marcus standout Marcus Smart lives in home owned by booster club VP
By MARK DENT / The Dallas Morning News Published 18 February 2011 08:08 PM
Flower Mound Marcus junior Marcus Smart, a key player on the area's No. 1-ranked team, has lived in a house owned by booster Phil Forte since transferring during his freshman year. Forte is charging the player's family less than market value for rent, according to real estate estimates.
One of the top basketball players for the No. 1 high school team in the area has lived in a house owned by the team’s booster club vice president, who has also helped coach his AAU team, since he transferred during his freshman year.
Estimates from real estate agents familiar with the area indicate that the booster, Phil Forte, is charging the family of Flower Mound Marcus junior Marcus Smart less than market value for rent.
UIL rules prohibit recruiting, defined by the UIL as encouraging “a student in any way to change schools for the purpose of participating in UIL activities at any grade level.” According to Section 5 of the UIL Constitution, recruiting could include offering a student or a student’s parents “board or lodging.” According to Section 1203 of the District Executive Committee handbook, the offer could come from a “school official or local fan.”
UIL rules, according to Section 441 of the constitution, also prohibit an athlete from receiving “valuable consideration” for participating in a sport.
“Valuable consideration” is defined as “any tangible or intangible property or service, including anything that is wearable, usable or salable.”
UIL policy director Mark Cousins said any investigation into possible recruiting and valuable consideration violations would be launched by a district executive committee or the State Executive Committee on a case-by-case basis. Investigations aren’t launched until a formal protest is received.
Lewisville schools communications director Karen Permetti said that the school reported the living arrangement to a DEC, that the situation has involved no rule violations and that Smart should be eligible to attend Flower Mound Marcus. Basketball coach Danny Henderson declined to comment on the situation, deferring to Permetti.
Forte bought a house, separate from the one in which he lives, on Homestead Street in the Flower Mound Marcus district in September 2008, according to Denton County real estate records. Smart’s mother, Camellia Smart, signed a lease that month, and Smart enrolled at the school in October.
According to state driver’s license records, Marcus Smart and Billy Smart reside at the home that Forte owns. No father is listed on the Texas birth index for Marcus Smart, but Camellia Smart married Billy in 1975.
Marcus Smart, currently ranked by recruiting clearinghouse Rivals.com as the No. 22 player overall in the Class of 2012, had attended Red Oak High School. Forte is the father of a Marcus basketball player who has played AAU basketball with Smart as far back as 2003.
Since Smart’s transfer in 2008, four other basketball players have moved into the Flower Mound Marcus district. Three of them are contributors on the varsity, and one plays on the junior varsity. Two have played on the same AAU team, Texas Assault, that Smart and the son of Forte play on. None have been found to have violated UIL transfer rules.
Billy Smart did not respond to repeated attempts for an interview.
Approached at a basketball game last week after not responding to multiple phone calls, Forte said he could not remember why he bought the house, which cost $143,000, according to Denton County real estate records.
“I don’t even know,” he said. “I own about four properties.”
The Lewisville ISD provided a copy of the lease last week, with Forte as the lessor and Billy and Camellia Smart as the lessees. The monthly rental agreement lease, signed in September 2008, calls for the Smarts to pay Forte $800 a month. Flower Mound real estate agents interviewed for this story estimate that fair market value for a house its size in that area valued at around $140,000 would be $1,100 to $1,300 a month. A comparative market analysis established that similarly sized properties in the area were rented for an average of 77 cents per square foot, which would put the house Forte owns at $1,184 per month.
Forte called the $800 payment reasonable, saying in an e-mail the home was occupied by someone he was comfortable with. He said that he never took calls regarding minor repairs and that the payment was enough to cover the interest and principle he paid.
Asked about his relationship with Smart, Forte said he knew him from long ago and wanted him to be in a better environment and “on the right path.” Permetti said Forte and his family leased the house because they wanted to help the Smarts, who were friends.
Cousins said it was a school’s responsibility to verify the legitimacy of all athletic transfers and also the involvement of its booster clubs. Permetti said that the school properly verified Smart’s residency and eligibility when he moved into the district and that he met all UIL requirements. She said that last spring the UIL determined Smart eligible after another school expressed concern.
UIL compliance director Ed Stidham said he did not recall the issue of Smart’s eligibility ever coming before the UIL.
“I’m not saying it didn’t happen,” he said.
It wasn’t until this fall, Permetti said, that the district discovered Forte’s ownership of the house. Marcus Principal Gary Shafferman said the school found out while investigating and affirming the eligibility of another Marcus basketball player. Permetti said Shafferman interviewed Forte and Camellia Smart regarding the situation. Permetti said Shafferman secured a lease and established that the family was paying rent per the lease agreement.
Permetti said in a statement that while at a hearing for another Marcus athlete, Shafferman informed the District 8-5A Executive Committee that Smart’s family was leasing from another basketball team family. At the end of the hearing, Permetti said, Shafferman asked the committee if it wanted more information regarding the situation.
“That’s when the DEC needed to come back and say if they needed more information,” she said.
Steve Williams, chair of the 8-5A DEC, said he remembered a reference to Smart at the meeting but said nothing had been brought forward to the committee regarding details of the situation. Told last week that Forte bought the house the fall that Smart transferred, and informed of Forte’s involvement in the booster club, Williams said, “I don’t think anybody knew of all those details.”
He added: “In my opinion, none of those people [Shafferman, Lewisville ISD Athletic Director Randy Mayes and Marcus coach Danny Henderson] would do anything unethical.”
Asked whether a booster’s purchase and ownership of a house in which a transferred athlete lived could prompt a hearing, Williams said that “it could definitely raise an eyebrow.”
A district executive committee, according to the DEC handbook, can hold a hearing after a school self-reports a possible violation, an opposing school or an individual files a protest, or the UIL refers a case to the committee. Williams said it was the responsibility of each school to verify the eligibility of all students and report any incongruities to its DEC.
Last season, Flower Mound Marcus went 37-3, reaching the state tournament. This season’s team is 32-1 and ranked No. 1 in The Dallas Morning News’ area rankings. From 2004 to 2008, Marcus made the playoffs three times ? 2006, 2007and 2008 ? losing in the first round twice and advancing to the fourth round once.
Smart averages 13.9 points, 8.6 rebounds and 4.8 assists per game.
(sarcasm, kinda)
