Copyright The Mercury News
A two-sport student-athlete encountered antisemitism at University High School in San Francisco and, upon transferring to another school in Marin County, was wrongly denied a hardship exemption that cost her critical time in tennis and track and field, a lawsuit filed last month in Marin Superior Court alleges. In the case set to be heard Dec. 1, the athlete’s father, Bart Schachter, is seeking a temporary injunction that would reverse North Coast Section commissioner Pat Cruickshank’s decision to deny the waiver and allow his daughter, a 15-year-old sophomore at The Branson School in Ross, to compete without restrictions in the spring track season, which begins in February. She was already required to sit out half of the fall tennis season. “What we thought would be a fairly routine transfer turned out not to be so,” said Bart Schachter, who filed the suit anonymously through his attorney and requested that his daughter’s name not be used. “That is the greatest hardship endured in this whole thing.” Schachter’s daughter, who competes at the varsity level in both sports, enrolled at the private college preparatory academy in the Presidio Heights neighborhood as a freshman for the 2024-25 school year and, he said, “pretty quickly” began to experience a string of antisemitic incidents. Schachter brought the issues to administrators at UHS and later provided the documentation to the NCS in the hardship application. When the section contacted the school to verify the information, however, administrators disputed the characterization of the allegations, and the application was denied. In a correspondence to the family provided to this news organization, Cruickshank wrote that the girl was denied the “student safety hardship waiver based upon no documentation from UHS of any student safety incidents while enrolled there.” Cruickshank declined to comment, citing pending litigation. UHS Head of School Nasif Iskander denied the allegations of antisemitism at the school to this news organization but added: “We’ve never objected to the CIF granting this student a waiver to play sports at a new school. … We explicitly supported her desire to play sports.” Regardless of the court’s decision, Schachter’s daughter will have two years of eligibility remaining in both sports, but the father said, “It’s emotionally challenging to show up at a new school as a transfer. You make friends through sports. It’s hard to sit on the sidelines when you’re a star player.” The lawsuit alleges that the Schachters and other Jewish families submitted “dozens” of documented safety incidents to UHS over the course of the 2024-25 school year and prior. Iskander said, “We strongly disagree with the allegations … and we have robust and effective programs and policies to provide students an uplifting learning environment that is free of antisemitism and other discrimination.” Schachter disagreed, telling this news organization that “the fact pattern would indicate” systemic issues with antisemitism at UHS, “(and) if you’re asking about the root cause, that certainly plays a role. Normally we would move on and find a better pasture, but we hit this sports issue and it’s not over.” In one instance described in the lawsuit, Schachter’s daughter was in the same class as two boys who repeatedly practiced the Nazi salute and “mock(ed) the physical characteristics of Jews.” A few months later, she was “pressured” to attend a meeting on the Israel-Palestine conflict “where Jewish students were mocked for their perspectives … with no meaningful response from UHS administration despite complaints.” According to the lawsuit, that led Jewish parents to formally submit a complaint regarding “bullying and harassing environment for Jewish students” at the school. The CEO of the Jewish Community Relations Council also weighed in, informing UHS that it faced “some of the most serious antisemitism issues reported among independent schools in the Bay Area.” Iskander said the school was never informed of the first incident and disputed the characterization of the public meeting. “We said we had no objection to her playing sports,” Iskander reiterated, “but we really disagreed with the characterization of her experience at the school.” The Schachters filed their petition under bylaw 207.B.(5)c of the California Interscholastic Federation constitution, which waives the mandatory sit-out period for transfers “when a student is transferring as a result of a specific, documented safety incident in which the student was involved.” It requires “sufficient documentation to satisfy that CIF Section Commissioner that the circumstances meet this criteria … including but not limited to administrative records and documentation from the former school about the specific safety incident that occurred at the former school and/or police records (if any).” The lawsuit alleges that Cruickshank validated the petition’s status under the safety-incident exception by not rejecting it outright and remarking on the “sensitive” nature of the situation upon receiving the initial application. The Schachters submitted to CIF a 72-page report documenting the harassment, correspondence with school officials and the concern from the Jewish Community Relations Council. Regardless of the school’s interpretation, the Schachters believe they met the requirements under the bylaw. “That’s what every school would say,” Schachter said. “There’s no one who admits these kinds of issues.”
