Topeka, KAN. (WIBW)--The fight to get a Seaman High School senior back on the baseball team landed in court Tuesday. (VIDEO INCLUDED)

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Colby Neiswender was banned from the team after being accused of smoking marijuana on a cross-country run last September. Colby supporters thought they had a solid case Tuesday against the Seaman school district.

Neiswenders' attorney, Tim Keck said the Seaman school board violated a Kansas statute. He said Colby was not afforded legal council and did not get a full report of the testimony against him. Nor did he get to cross-examine any witnesses.

The Neiswenders said the action against their son was based on hearsay. But the attorney for the Seaman school district suggested Colby threatened another student to not say
he had smoked pot.

The board has said it did not violate Neiswenders rights. They claimed the Neiswenders could have questioned witnesses or the process at any point—and Judge Larry Hendricks agreed. He said the Neiswenders failed to file the appeal quickly enough. Hendricks also said Colby’s grades while attending Lyman alternative school during his suspension were failing...so he would not have been eligible to play anyway.

Hendricks said allowing him to play would put his entire baseball team in jeopardy of having to forfeit games for using an illegal player...should the injunction be overturned in the future.

The Neiswenders said the case is about more than just baseball—they want the expulsion off his record and they want his grades restored.