Fumbled the Bag: Bishop Sycamore and the Fraudulent Non-Chartered, Non-Tax Supported School

By: Anthony Ryback*                                                                      Posted: 10/31/2023

“We didn’t lie to get on ESPN or lie to compete against IMG. What you’re reading in the blogs, none of that is true.”[1]  -  Trilian Harris, Bishop Sycamore Quarterback.

On August 29, 2021, high school football players from Bishop Sycamore High took the field against powerhouse IMG Academy in Canton, Ohio.[2]  The game was broadcasted to a national audience on ESPN, allowing two seemingly elite football teams to showcase their talent to the entire country.[3]  Bishop Sycamore was so overmatched that it lost the game, 58-0, with the announcers calling the game to voice their concerns for the Bishop Sycamore players’ health and safety.[4]  Later that week, Bishop Sycamore was reported to Canton police for paying for their rooms at a local hotel with two bad checks totaling $3,596.[5]  Although it presented itself as the IMG of the Midwest, Bishop Sycamore was nothing more than a scam that would captivate the nation and lead to an investigation by the Ohio Department of Education (“Department”).[6]

Ohio Laws on Non-Chartered, Non-Tax Supported Schools

In 1976, the Ohio Supreme Court decided State v. Whisner [7], which granted Ohio parents the ability to freely exercise their religious beliefs in their children's schooling.[8]  Because of this decision, the State Board of Education promulgated Ohio Administrative Code 3301-35-08.[9]  This section of the Ohio Administrative Code allowed for “schools with truly held religious beliefs to be established without a charter from the State Board of Education.”[10]  These non-chartered, non-tax supported schools have significantly less oversight and must comply with significantly less restrictive minimum education standards that apply to every other school in Ohio.[11]

Playing the Game or Gaming the System: A History of Bishop Sycamore High

In November 2017, Roy Johnson and Andre Peterson contacted the Ohio Department of Education to create a new non-chartered, non-tax supported school known as “Christians of Faith Academy” (“COF").[12]  Johnson sought to create a football powerhouse at COF, with the financial backing of the African Methodist Episcopal Church (AME), saying “COF Academy ‘was a new model for AME. It’s a school that doesn’t receive tax funds from the state and can play by its own rules while still providing a ‘Christian education’’”.[13]  Students who were infatuated with the promise of playing time, exposure to college football programs, and an IMG-like experience were met with a different reality.[14]  Students were enrolled in an online learning course but were never monitored to ensure they were learning, were taken to a high end health club and told they would be working with a nutritionist only to never return, and were placed in a hotel with barely enough food.[15]  After an investigation by the Ohio Department of Education, COF was shuttered in 2018, and Johnson was found liable in 2018 for obtaining a fraudulent $100,000 bank loan by misrepresenting himself as an officer of the AME.[16]

Using the same playbook, Johnson and Peterson incorporated the Bishop Sycamore Foundation in August 2019, and began playing football games as Bishop Sycamore High the same month.[17]  By the end of August 2019, the Ohio Department of Education was receiving inquiries from local newspapers about Bishop Sycamore, which at the time was not listed as a non-chartered, non-tax supported school and was also not listed as a member of the Ohio High School Athletic Association.[18]  Investigation by the Department revealed that the address Bishop Sycamore provided on its MaxPreps page was a parking lot and a strip mall.[19]  However, by the start of the 2020 school year, Bishop Sycamore had provided enough information to the Ohio Department of Education to finally be considered a non-chartered, non-tax supported school.[20]  After the nationally televised debacle against IMG Academy in 2021, further investigation by the Ohio Department of Education revealed that Bishop Sycamore was nothing more than a scam, the remnants of Christians of Faith Academy.[21]

The Ohio Department of Education Report

On December 17, 2021, the Ohio Department of Education released its investigation into Bishop Sycamore, and its recommendations to further regulate non-chartered, non-tax supported schools.[22]  The report outlined seven recommendations to the governor: 1) revoking Bishop Sycamore’s status as a non-chartered, non-tax supported school, 2) assessing whether Bishop Sycamore could face legal action, 3) requiring non-chartered, non-tax supported schools to release their annual report data a month earlier, 4) amending the statute governing these types of schools to allow for greater Department oversight, 5) requiring a list of these schools to be published each year, 6) requiring schools who are seeking non-chartered, non-tax supported status to register with the Department, and 7) creating oversight requirements for schools who were removed from the list in a prior year and who sought to be reinstated.[23]  But, the Ohio Department of Education’s Report made clear that these changes could not come from the Department’s power alone.[24]

Today, neither the Ohio Legislature nor the Ohio Department of Education have made the decision to further regulate non-chartered, non-tax supported schools.[25]  Nothing has changed in the two years since the Bishop Sycamore scandal, and because there is still no statute allowing the Department of Education to approve non-chartered, non-tax supported schools, all an entity needs to do to gain status is report that they comply with the minimum education standards.[26]  Bishop Sycamore folded because of both intense media scrutiny and financial troubles of its founder.[27]  However, any other non-chartered, non-tax supported school technically operates outside of the bounds of the law since Ohio law does not confer upon the state Department of Education the ability to sanction or penalize schools like Bishop Sycamore.[28]  Nor could the Department revoke its charter, because these types of schools do not have one.[29]  And finally, because there are no public funds used in their operation, the Department of Education cannot threaten or implement funding cuts for failure to comply with the minimum standards.[30]

Conclusion

In the two years since its loss to IMG Academy, Bishop Sycamore closed and HBO released a documentary about its fraudulent operation.[31]  However, the Ohio regulations that empowered its creation remain unchanged.[32]  While the constitutional right of allowing religious education is recognized at both the federal and state level, it is not unreasonable to believe that the courts who used their power to protect that right did not foresee Roy Johnson and the fraudulent Bishop Sycamore High football team.[33]

*Staff Writer, Jeffrey S. Moorad Sports Law Journal, J.D. Candidate, May 2025, Villanova University Charles Widger School of Law.

[1] See Andy Staples & Ari Wasserman, Bishop Sycamore ‘Was Supposed to Be the IMG Academy Of The Midwest’. It Ended Up a Mess Of Unpaid Bills and Investigations, Athletic (Sept. 1, 2021), https://theathletic.com/2802721/2021/09/01/bishop-sycamore-was-supposed-to-be-the-img-academy-of-the-midwest-it-ended-up-a-mess-of-unpaid-bills-and-investigations/ (describing history of Bishop Sycamore as money-making scheme perpetrated by its founders who wanted school to be next big football academy).

[2] See Ohio-Based High School Football Team Bishop Sycamore Faces Questions About Legitimacy, ESPN (Aug. 31, 2021, 11:26 AM), https://www.espn.com/high-school/story/_/id/32119688/ohio-based-high-school-football-team-bishop-sycamore-faces-questions-legitimacy (explaining poor on-field performance of Bishop Sycamore football team that was outscored 342-49 since program began).

[3] See Andrew King, How the Bishop Sycamore Football Saga Happened, Columbus Monthly (Sept. 1, 2021, 12:16 PM), https://www.columbusmonthly.com/story/lifestyle/features/2021/08/31/how-bishop-sycamore-saga-happened/5673133001/ (discussing how Bishop Sycamore would schedule games against top national opponents during 2020 COVID-19 pandemic by filling in for schools who dropped out of matchup last minute, schools would schedule Bishop Sycamore because it would guarantee win).

[4] See David W. Chen, Billy Witz, Alanis Thames, & Kevin Draper, Unfulfilled Promise, N.Y. Times (Dec. 19, 2021) https://www.nytimes.com/2021/12/17/sports/ncaafootball/bishop-sycamore-football.html?searchResultPosition=3 (describing human cost of scheme, showing that many students who enrolled came from out-of-state).

[5] See Staples, supra note 1 (describing extent of fraud perpetrated, including telling students before they enrolled that dorm and additional facilities would be built).

[6] See Tony Palmer, Investigation of Bishop Sycamore High School, Oh. Dep’t of Educ. 1, 41 (Dec. 17, 2021), https://education.ohio.gov/getattachment/Topics/Ohio-Education-Options/Private-Schools/Non-Chartered-Non-Tax-School-Information/bishop-sycamore-report.pdf (detailing how Bishop Sycamore co-opted state regulations).

[7] State v. Whisner, 47 351 N.E.2d 750 (Ohio 1976)(recognizing ability of parents to freely exercise religion in children’s schooling).

[8] See id. at 767 (holding religious schools not subject to same minimum standards required by other incorporated schools); see also Ohio Admin. Code 3301-35-08 (West 2023) (promulgating rules requiring attendance report, teacher qualifications, required classes, etc.).

[9] See Michael Donnelly, Private Education Under Ohio Administrative Code 3301-35-08, HSLDA, (Aug. 27, 2020), https://hslda.org/post/private-education-under-ohio-administrative-code-3301-35-08 (chronicling effect of Whisner decision in Ohio).  

[10] See id. (explaining statutory consequences of Whisner decision).

[11] See Ohio Rev Code § 3301.0732 (West 2023) (delineating regulations for non-chartered, non-tax supported schools).

[12] See Palmer, supra note 6 at 12 (reporting COF had same structure, similar leaders as Bishop Sycamore).

[13] See id. at 13 (elucidating COF also sought to be male only while enrolling around 500 students).

[14] See Chen, supra note 4 (describing uncertain environment, frequent fights, and sparse meals).

[15] See id. (revealing some players resorted to stealing food from local grocery stores).

[16] See Staples, supra note 1 (including pattern of financial fraud that included $110,685.40 of unpaid hotel bills after three months in Delaware, Ohio hotel room).

[17] See Chen, supra note 4 (describing name change to Bishop Sycamore as simply rebrand).

[18] See Palmer, supra note 6 at 7-8 (explaining local journalists were aware Bishop Sycamore was not part of Ohio High School Athletic Association, but described lack of action on behalf of Ohio Department of Education).

[19] See id. at 9 (searching address on Google Maps and perusing website was extent of investigation, no further action was taken).

[20] See id. at 17 (accepting new address, policy addendums enough to qualify Bishop Sycamore as non-chartered, non-tax supported school).

[21] See id. at 26 (reporting that Department could not find proof of legitimately held religious beliefs, thus status as religious non-chartered, non-tax supported school fell into question).

[22] See id. at 2 (listing recommendations to Governor DeWine).

[23] See id. (explaining purpose of recommendations were to address Bishop Sycamore, but also future abuse of non-chartered, non-tax supported school regulations).

[24] See id. at 35 (noting Ohio Legislature would have to make decision to legislate change in this area).

[25] See Ohio Admin. Code 3301-35-08 (West 2023)(describing current regulation regarding non-chartered, non-tax supported schools).

[26] See Palmer, supra note 6 at 38 (finding that there is no mechanism to ensure that schools who are applying for this status actually are legitimate).

[27] See Ben Ferree, Former Bishop Sycamore Coach Roy Johnson Filed for Bankruptcy in Ohio This Summer, Awful Announcing, (Aug. 18, 2023), https://awfulannouncing.com/high-school/roy-johnson-bishop-sycamore-bankruptcy.html (investigating Coach Johnson, discovering he filed for bankruptcy in 2023).

[28] See Palmer, supra note 6 at 38 (finding that if Bishop Sycamore administrator wanted to submit similar school with new name, he or she would have ability to without ability of Department to deny application).

[29] See id. (explaining fact that these schools enjoy completely minimum oversight over operations).

[30] See id. (finding Department of Education gave no authority to sanction these types of schools in any way).

[31] See BS High (HBO 2023) (revealing story of Bishop Sycamore through documentary filmmaking).

[32] See Andrew Cohen, The Loophole that Could Cause the Next Bishop Sycamore, Front Off. Sports, (Aug. 23, 2023, 8:49 AM), https://frontofficesports.com/the-loophole-that-could-cause-the-next-bishop-sycamore/ (quoting Civil Rights Investigator at Ohio State University, Ben Ferree as saying “‘Not a single one of those proposals has actually been proposed by a legislature. They don’t care . . . They’ve actually taken away some of the ODE’s oversight and ability. ‘So not only has nothing changed, Ohio’s actually made it easier for this to happen again.’”).

[33] See Adam Liptak, Justice Jackson Joins the Supreme Court, and the Debate Over Originalism, N.Y. Times, (Oct. 10, 2022), https://www.nytimes.com/2022/10/10/us/politics/jackson-alito-kagan-supreme-court-originalism.html (explaining Justice Kagan’s view of Framers as “‘They had some understanding,’ Justice Kagan said of the framers, ‘that life would change and that you were supposed to apply these principles — and you had to apply these principles — but to circumstances that they couldn’t imagine.’”).