Judge sides with Montini wrestler Harrison Konder in lawsuit against IHSA

Montini senior Harrison Konder made his season debut on the mat on Thursday night.

A two-time state qualifier, Konder had a memorable showing by pinning both of his opponents.

Konder, who was born deaf, won a temporary restraining order that allowed him to wrestle after a U.S. District Court judge in Chicago granted an emergency motion on Thursday. His family sued the Illinois High School Association on Wednesday for not allowing him to wrestle at his new school following his transfer from Downers Grove North.

Konder competed for the first time at his school in Thursday’s meet, calling it a memorable moment for his entire family.

“It’s been a long time coming,” Harrison Konder said. “Finally, I was able to represent my school in maroon and gold. It was awesome. I felt like 100%. Wrestling is part of who I am, my identity. I was very happy. My family, friends, teachers and coaches have been great.”

His mother, Amanda Konder, said her entire family rejoiced following Thursday’s ruling, plus in his ability to compete a few hours later for Montini.

“We were ecstatic, to say the least,” Amanda Konder said. “Just with Harrison’s whole back story, he’s not himself if he’s not on the mat. Practicing is one thing, but competing is completely different. He’s been wrestling since was five years old, so for the IHSA to take that away without considering the additional information and acts about his disability, that’s mind-blogging to us and our attorney.

“We kept thinking it was going to happen, starting in November but just trailed on forever. We were very pleased the judge saw in our favor. Our attorney did a phenomenal job. He had a real vested interest in the case, almost 11 years ago to the day.”

Konder, who compiled an 84-11 record at Downers Grove North, advanced to the individual state wrestling tournament in each of the last two seasons.

Earlier this month, the IHSA denied Konder’s transfer request, ruling him ineligible to wrestle at Montini despite his family citing the factors behind the transfer were academic.

After compiling a 41-6 record and finishing in fifth place in the Class 3A 152-pound weight class last season at the individual state tournament, Konder transferred to Montini, a Class 2A school, on the recommendation of his therapist, audiologist and academic counselor at Downers Grove North.

Harrison Konder, who has a goal of wrestling in college, said the extended absence from the sport was emotionally draining.

“It has taken an emotional toll, but I think overall it will make me stronger and more resilient,” he said.

His family said the decision was based on Harrison struggling with his grades at the larger school due to Downers Grove North being unable to provide him adequate resources for his hearing impairment. Konder started wrestling at five years old, learning to love the sport that allowed him to have an outlet from his hearing impairment.

Konder’s academic counselor at Downers Grove North wrote a letter to the IHSA supporting the transfer, indicating he would benefit from attending a smaller school due to receiving more individualized attention. The Konder family changed legal guardianship to Harrison’s grandmother, per IHSA bylaws to meet transfer requirements.

Since the transfer, the Konder family said Harrison’s grades have dramatically improved at Montini. In the ruling, the IHSA noted that the Konder family provided no evidence for additional accommodations from Downers Grove North, thus not allowing the school an opportunity to provide Harrison a smaller class size or improved audio devices to aid his learning.

“We did everything we could do for what’s best for Harrison educationally for this to happen,” Amanda Konder said. “He was totally different when I saw him today. He was hopping around the house and excited. That’s the old Harrison. He’s my middle child. He’s a pleaser and is happy all the time. When he’s bummed out, you know it. That’s why this has taken a toll on him the past couple of months. He still went to every match and tournament to support his team even though he couldn’t compete.”

When contacted on Friday, the IHSA released a statement from Executive Director Craig Anderson.

“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.”