An 18-year-old all-star who was ruled ineligible to play his senior year is considering whether to try for an exemption to play other sports, file a lawsuit in state court, or take other action, according to a hearing in U.S. District Court Monday.

Zavior Ward, the 2024 Interscholastic League of Honolulu boy’s water polo player of the year will decide by next week whether to apply for another exemption from Interscholastic League of Honolulu eligibility requirements so he may participate in volleyball or swimming, his attorney Jeff Portnoy said in federal court Monday morning.

The ILH has never approved an exemption request to the rule that athletes have four years of eligibility starting in the ninth grade.

ILH’s lawyers maintain that Ward knew he would be limited to four years of eligibility and prevented from playing water polo his senior year after transferring from Kalaheo to Hawaii Baptist Academy.

HBA’s president and athletic director signed Ward’s exemption request that stated in part that a first-time admissions director failed to tell Ward before he transferred that repeating the ninth grade would end his athletic eligibility during his senior year.

Ward maintains he never would have transferred if he and his mother were told that before completing the enrollment process.

Ward played for La Pietra Academy in 2024 and their coach allowed Ward to practice with the team this season. Ward was not allowed to play any games. He attends HBA but played for La Pietra because HBA does not have a water polo program.

Portnoy told U.S. District Judge Micah W.J. Smith and attorneys for HBA and the ILH that Ward and his family are considering “various options ” and would make a decision on next steps by Monday.

“They still haven’t reached a decision on the options that we’ve given them. They include … withdrawing the present motion for a preliminary injunction and refiling another motion (seeking to have his eligibility restored for other sports.) They also include dismissing the federal court case and refiling in state court against (HBA, the ILH, or both ), ” said Portnoy.

Portnoy said there was also an issue of an alleged violation of student privacy law after attorneys for the ILH reached out to a university in California to discuss their potential recruitment of Ward.

“We are reviewing that to see if that is a possible claim, ” said Portnoy, noting they will likely withdraw the filing that Smith ruled on. “There is also the possibility of not pursuing any claim.”

Smith, acknowledging the frustrating finality of his ruling, denied Ward’s temporary restraining order Oct. 8 that would have allowed him to play the last part of the season.

Smith wrote that the current record does not show that Ward has been barred from participation in high school athletics because of the conduct of any state actor but acknowledged that more evidence could change his claim.

Ward alleges that the school’s admissions director suggested he apply as a repeating freshmen, not a sophomore, for “academic reason ” when he transferred from Kalaheo in 2022, according to the 19-page complaint filed Sept. 24.

Ward’s father passed away in 2020 and a broken hip and long COVID-19 forced him to miss at least five months of school in 2021.

Donna A.O. Yoshimoto, attorney for HBA, told Smith’s court Monday that “HBA is living with ILH rules, HHSAA rules.”

“We’re just trying to be participants just like every other private school in the state of Hawaii. And those rules are the rules and we are … subject to them, ” said Yoshimoto, noting that HBA encouraged Ward to submit another exemption request for spring sports as soon as possible.

Portnoy said that any application for an exemption to play spring sports would be made after the “critical sport (water polo ) is over.”

“That’s a decision that he and his mother are going to have to make, ” said Portnoy.

A wig and fake beard. The red hat. Worn-out T-shirt, shorts, shoes. All James Millare had to do was run down the middle of a desert highway under a scorching sun to complete the look.

He made quite the doppelganger as Forrest Gump on Halloween night, going door to door with his Moanalua cross country teammates. They piled up massive collections of absolutely unhealthy, utterly tasty treats.

Twelve hours later, Millare shredded the hilly course at Patsy T. Mink Central Oahu Regional Park, winning his second consecutive cross country state title. At 16 minutes flat, he set an HHSAA course record for the 5-kilometer distance. Two state titles in cross country, back to back, plus three golds at the state track and field championships last spring in the 800-, 1, 500-and 3, 000-meter runs.

“It feels good. I like how it motivates my team and sets an example for them the most. I’m just trying to help my team get faster, ” Millare said. “It’s not just me, it’s a team in cross country. I love that about it.”

He had a faster winning time on the flat course at Keopuolani Regional Park last year but relishes a tough course.

“This year’s (cross country title ) feels better, a lot better because of all the hills, ” he said of the course at CORP.

The heat, the humidity, a slight cold and the ankle that was injured at practice 12 days before the HHSAA race—Millare worked through the adversity.

“It’s all mental. I ran a little bit harder on the downhills, ” he said. “My ankle is 95 (%). I made it 100 % with the Ibuprofen. I felt it more on the hill going down.”

In the post-race celebration with teammates, coaches, family and friends, the memories of the final Halloween with his teammates surfaced. Sadie Krueger, who also won her second consecutive cross country title—in record time (18 :03 )—was approached by a young, excited fan.

“You’re speedy like Sonic (the Hedgehog ), ” she said.

Despite her last name, Sadie is no Freddie on Halloween. Sonic is practically her spirit animal, and that is precisely who she was dressed as on Halloween. Unlike Millare, however, Krueger had a normal dinner the night before the big race.

Millare’s meal ?

“I forgot to eat dinner, ” he said.

Instead, he wolfed down seven Reese’s Peanut Butter Cups, three entire bags of gummies and one Airhead. Candy was Millare’s pre-race dinner instead of the usual chicken alfredo prepared by his father, Peter.

“I came home, I felt tired and I forgot. I wasn’t hungry, ” he said.

Millare had half of a banana for breakfast on race day.

As usual, he never faded. Instead, he grew stronger with each split.

The globe-trotting journey is real with the Millare family. Peter Millare retired from the US Army, while Eva Millare commutes from her new post at Fort Hood, Texas. She is a brigade commander, 11th Corps Signal Brigade.

Over the summer, she was here with Peter and their three children when the transfer to Fort Hood became official. They decided to keep the family here. Peter grew up here, played football at McKinley. Giving James a chance to finish high school at Moanalua took priority.

“She left in the summer. It was hard because I knew I would be living with her or my dad for a year. I knew they were going to have me go to school here. I think they asked me, then I was agreeing with them to stay here for my last year. I didn’t want to move every year for four years, ” James said. “And it’s Hawaii. I love the beaches.”

For the first time this season, Eva was able to fly back and watch James run.

“We decided not to have him in four schools in four years, ” she said. “This was the first race (this season ) that I got to watch. I have lots of videos.”

Normally, James is disciplined about his intake, she said. Missing dinner the night before the state championships was mind-boggling.

“He didn’t tell me until after the race, ” she said. “I was, ‘Whaaaat ?’ Normally, he’s pretty healthy. ‘I gotta eat this the night before. I gotta eat this the day of the race.’”

James Millare said that extra that separates him from the pack is inexplicable.

“I’m surprised in this race how he pushed really hard and it looked easy. He looked like he was moving and it was impressive, but it looked easy. I live vicariously through him, ” Eva Millare said. “He’s just got whatever that is. He’s got that and I love to watch it.”

When Eva was pregnant with James, complications arose.

“They had to (inject ) steroids in order for his lungs to develop, ” she recalled.

Doctors spotted the umbilical cord wrapped around James’ abdomen, she said. Peter remembers the cord being wrapped around James’ neck.

“They were freaked out, ” she said. “I was freaked out.”

At 34 weeks, James was three weeks premature when doctors performed an emergency C-section. He spent one week in the NICU.

Then, life gradually went back to normal. James became the 4-year-old running on the inside oval as his sister raced on the track when they were stationed in Colorado Springs, Colo.

“We kind of knew he’s got something there, ” Eva said.

Emily Millare eventually stopped running before high school, but James had that fire all along.

“Chasing my sister and her teammates, I remember her being too fast and I was mad, ” he said.

Sunday is a recharge day. James usually heads to Bellows.

“I’m going to plan out the next month, ” he said.

November might be down time for runners in-between cross country and track seasons, Millare and Krueger are heading to the Brooks XC West Regional Championship in Walnut, Calif., on Dec. 6.

Peter Millare is still amazed by the premie baby who fought through every challenge.

“Every place we’ve been, his size and height, ‘Oh man, you’re too little, too light. He wanted to play basketball and football, but it doesn’t matter. You’ve got the heart, ” he said.

On a different path, the energetic kid who played several sports would be a wrestler this winter season. Or he might be on the volleyball court in the spring, the sport he misses most. The conversion from his background in football and track to cross country intrigued his coaches at Moanalua.

James and the family had already moved from Hawaii to Texas to Germany to Pennsylvania to Kentucky.

“My first contact with him was an email that he sent to Moanalua, ” assistant coach David Matsumoto recalled. “It got forwarded to me, and I emailed him back.”

When the Millare ohana arrived in the summer of 2024, James was ready to go—to work. Literally.

“He wanted to get a job. I told him, dude, let’s figure out a way, ” Matsumoto said.

James eventually got a part-time job at American Eagle, but didn’t stop running. In Kentucky, his brief experience in track was busy in events from the 400-meter run to 1, 500.

“I saw his track times and we knew he was for real, ” Matsumoto said. “As he got much better in cross country, he got more interested.”

A preseason meet on Maui to begin the 2024 season gave Na Menehune a feel for the course at Keopuolani Regional Park, where the state championships were later held. Millare’s first cross country race was informative as he watched Campbell’s Ari Smith win.

“I was 30 seconds to one minute behind. I was pretty far behind, but I thought this is the guy to chase, ” Millare said.

The turning point may have been during the Michael Doran Invitational, the third meet of the’24 season.

“We could see his mind ticking while he’s running, ” Matsumoto recalled. “‘You can definitely beat Ari (Smith of Campbell ). When’s this going to happen ?’ He said, very soon.”

Millare gained momentum, winning the’24 state championship with a time of 15 :57 on the flat terrain of Keopuolani. Smith took second in 16 :24.

Six months later, at the track and field state championships at Kealakehe High School, Millare won the 800 (1 :53.83 ), 1, 500 (3 :53.16 ) and 3, 000 (8 :58.30 ), a rare feat. He edged the talented Smith in the 3, 000 by six seconds.

Returning to cross country is a shift, just as getting ready for track season this winter.

“I started lifting at the beginning of cross country season, but I realized it wasn’t much of a help as it will be for track. Lifting will improve your power more and you use power more in track, ” Millare said. “In cross country, it’s endurance.”

Without the talented Smith to chase, pushing forward is constant for Millare.

“I just trained. I put in more miles as everyone does, but I had the genetics and determination. I wanted to catch him all season, ” he said.

Genes do matter. Eva Millare played basketball in high school. James’ maternal grandfather, Bob Krivickas, was also a runner.

Running alone, maybe with some teammates as November brings cooler, wetter weather, will be the new old routine.

“There’s a hill by my house, ” Millare said. “A 400-meter hill.”

JAMES MILLARE Moanalua cross country, track and field • Senior Fun fact : James is a two-time state boys cross country state champion. Last spring, he won gold in the 800-, 1, 500-and 3, 000-meter runs in the HHSAA track and field state championships.

Where does he find the energy ?

“I don’t know, honestly. The Lord ? I find energy within the environment around me. The crowd. It just builds my competitive spirit.”

Why Forrest Gump ? He dressed as the fictional character on Halloween.

“My business teacher, Ms. (Evette ) Gallant, said, ‘You should be Forrest Gump.’”

What is your passion ?

“I’m passionate about staying close with God. I think when I go on a run by myself sometimes, I feel like I can talk to him when I have no one else to talk to. Something in life in general.”

Favorite hobby ?

“Going to the beach. I like Bellows.”

Top 3 movies /shows 1. “Cars ”

2. “Grown Ups ”

3. “The Amazing World of Gumball.”

Top 3 homemade food 1. Dad’s malasadas 2. Dad’s banana bread 3. Dad’s fried rice “I think he makes malasadas from scratch.”

Top 3 foods /drinks eating out 1. Milk tea boba (NEX )

2. Dairy Queen Reese’s peanut butter cup and banana blizzard 3. Cinnabon “I get the one (at Cinnabon ) where it’s just the middle (Center of the Roll ).”

Top 3 music artists 1. Jon Pardi—“Head over Boots ”

2. Justin Bieber—“Baby ”

3. Ken Carson Favorite team : Team USA, track and field Funniest teammate : Brody Tod “Stuff just comes out of his mouth. He could probably be a stand-up comedian.”

Smartest teammate : Dalton Hagemann “He’s a nerd. If he doesn’t know something, he’ll try and figure it out.”

GPA (cumulative ): 3.48 Favorite teacher : Ms. (Mariah ) Pate (business teacher ), junior year “She’s the most chill teacher I ever had. She got really involved with a lot of students, being more a part of the community.”

Favorite class : Army JROTC “I’ll probably go to college, then go into the military. I like the traveling. Going to new places. I don’t generally like moving.”

Favorite scripture : “The evil are ensnared by the transgression of their lips, but the righteous escape from trouble.” – Proverbs 12 :13 NRSV Hidden talent : “I can burp really loud and long on command. I can do it on an empty stomach.”

New life skill : Financial literacy.

Bucket list : “I would visit every state in the U.S.”

Time machine :

“I would travel back in time to when Jesus lived on earth.”

Youth sports : Football, basketball, soccer, track, volleyball, wrestling.

If you could go back in time, what would you tell your younger self ?

“Save your money more. I spent a lot of money. I worked at American Eagle. It was fun. I like the workers, but I didn’t like the drive. It was 30 minutes to get to Ala Moana.”

Shoutouts : “Family, friends, teammates and coaches.”