Erin Savage heard the news she needed from Hinsdale Township School District’s lawyer on Tuesday morning. Her son Brendan is back on the boys basketball team.
Savage sued the school district and several employees after Brendan was cut from the basketball team.
“It is awesome,” Savage told the Sun-Times. “He can finally start playing tomorrow. They have their first game tonight. He will miss that but they play Downers Grove South on Friday and that is going to be a big game.”
Savage sent a text to Brendan with the news but she hasn’t talked with him yet. The school district didn’t give Savage any guarantee that Brendan would receive playing time.
“How stupid would it be to have Brendan sitting there on the bench?” Savage said. “They haven’t said anything about that but are hoping he will play.”
The lawsuit hasn’t been dropped yet.
“The case isn’t over but it is no longer an emergency since he his back on the team,” Savage’s lawyer Steven Glink told the Sun-Times. “If they put him on the team and never play him it is the same retaliation. But for now it is great news. I’m very happy for the boy and his parents and I applaud the board for doing the right thing.”
Savage filed the lawsuit on Wednesday in the United States District Court for the Northern District of Illinois, Eastern Division. It alleged that Hinsdale South boys basketball coach Michael Belcaster cut her son Brendan after tryouts this fall in retaliation for the family filing a complaint against the previous coach, Michael Moretti.
Belcaster was the sophomore coach under Moretti last season.
“I’ve never filed a lawsuit before,” Savage said. “Our six kids have been involved in approximately 31 varsity sports at the high school. I’ve never complained about a coach. But we’ve also never encountered [someone] who thinks he can do whatever he wants. That was [Moretti].”
Named in the lawsuit are the Hinsdale Township Board of Education, interim superintendent Linda Yonke, Hinsdale South principal Patrick Hardy, Hinsdale Township School District assistant superintendent of human resources Cheryl Moore, Hinsdale South athletic director Art Ostrow and Belcaster.
According to Savage, her son ‘‘started probably every game’’ on varsity as a sophomore and junior. He scored 35 points in a loss to Proviso East last season and was named to the all-conference team in the West Suburban Conference as a sophomore and junior.
“This is more than just about him being cut from the basketball team,’’ Glink told the Sun-Times on Monday. ‘‘This is about what I feel is retaliation of his First Amendment rights. He spoke out against the coach. They substantiated it. The coach got demoted. He tries out for the team, he’s all-conference as a sophomore and junior and now he doesn’t make the team as a senior? That doesn’t pass the smell test in my book.’’
On May 7, Savage filed a complaint with the school board against Moretti, alleging verbal abuse, bullying and humiliation.
On June 14, the school district responded with a letter from acting superintendent Chris Covino to Savage. It said an investigation determined ‘‘the preponderance of the evidence does not substantiate that Mr. Moretti bullied your son in violation of Board Policy.’’
The letter went on to say that ‘‘the investigation did substantiate that Mr. Moretti’s interactions and communication with your son have been inappropriate and inconsistent with the high standards of professionalism expected of all employees under Board Policy. . . . Further, please be advised that the District does not tolerate any form of retaliation because you have made this complaint.’’
The lawsuit alleges that Belcaster cut Savage from the team this season in retaliation for the complaint, which violates “clearly established First Amendment law as well as the BOE’s policy,” and asks for $75,000 plus costs and attorney fees.
Glink filed an emergency motion Monday asking the judge to order the school to put Savage on the team and give him playing time.
“Even if they put him on the team and never play him, it is the same retaliation,” Glink said.
Hinsdale South director of communications Chris Jasculca said the district doesn’t comment on legal matters.
