2012 Legal Update for Coaches and Sponsors Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase
Legal Issues Today
Concussion Awareness Act Locker Room Supervision Social Media First Amendment
Concussions
Concussion Awareness Act Neb. Rev. Stat. § 71-9101 to 71-9106 “…concussions are one of the “most commonly reported injuries in children and adolescents who participate in sports…” “risk of catastrophic injury or death is significant when a concussion…is not properly evaluated and managed.”
CAA Requirements Schools make available training approved by the chief medical officer Approved Courses: • Heads UP Concussions in Youth Sports (Centers for Disease Control) • Concussion in Sports—What You Need to Know (NFHS) • ConcussionWise (Sports Safety International)
CAA Requirements  School provide concussion and brain injury information to students and their parents or guardians annually  Student must be removed from practice or game when coach or medico suspects student has sustained a concussion or brain injury
CAA Requirements If concussion suspected, hold students out until has been evaluated by a licensed health care professional Has written clearance from licensed health care professional Has written clearance from parents If student is removed from activity, must provide specific notice to family
Concussion Litigation Eveland v. San Marcos Unified School District (San Diego, CA 2012) • Claim against Ridell • Claim against School Rouchleau v. Three Forks High School (Gallatin County, MT 2012)
The Bottom line: BE CONCUSSION AWARE • In ALL sports • Focus on girls? Nebraska Sports Concussion Network
Locker Room Supervision
Doe v. Rich Central H.S. (2012) Boy complained of being bullied in locker room Security camera caught staff talking Boy assaulted Case settled
Doe v. Clover H.S. (2012) Three football players claimed they were hazed 13 players were suspended The sheriff's office investigated Bullies sued to be returned to school and team
Creekbaum v. Livingston Parish Sch. Dist. (2011) Three football players urinated on freshman’s locker Victim sued claiming emotional distress and negligent supervision Coach: never had a problem before
Social Media/Technology
Graham v. Ambridge Area Sch. David Costanza slept with student Sued School Ct. denied Summary Judgment; school could be sued Ct. relied on fact that School knew teacher communicating via IM, email and texts, but didn’t follow up
Paul Withee Posted nude pics to FB Thought was private msg to girlfriend Resigned
Bobby Petrino Head coach at Arkansas Inappropriate texts on school phone Fired by AD
The Bottom Line
Social Media and kids
Sexting Neb. Rev. Stat. 28-813 et. seq. Class IV felony to
knowingly solicit, coax, entice, or lure a child sixteen years of age or younger by means of an electronic communication device to post images that would qualify as child pornography under state law
Iowa v. Canal Boy and girl friends; not romantic • She asked him to send pic of penis • He complied • Both agreed not erotic Parents called the cops; boy charged Jury trial; boy convicted Appeal rejected by Iowa Supreme Court
In re Katrina R. 15 year old texted nude pics to her BF Was adjudicated “a child who deports herself so as to injure or endanger seriously the morals or health of herself or others” Placed in legal custody of HHS 6 months’ probation Required counseling and community service.
Prayer, FCA, etc.
Doe v. Duncanville Sch (1995) School’s basketball coach initiated prayers before games and practices Teams and coaches gathered at midcourt/mid-field for post-game prayer Choir had “The Lord Bless You and Keep You” as theme song Gideons distributed Bibles during school Student singled out when she declined to participate
Doe v. Duncanville Sch (1995) Plaintiff: Unconstitutional endorsement of religion School • Can’t prevent employees from praying because would violate coach’s free exercise rights • Theme song not endorsement • Gideons not endorsement
Doe v. Duncanville Sch (1995) Ct: “[t]he challenged prayers take place during school-controlled, curriculumrelated activities that members of the basketball team are required to attend. During these activities . . . coaches and other school employees are present as representatives of the school and their actions are representative of [school] policies.�
Borden v. Sch. Dist., (2009) School policy prohibited coaches from participating in student prayer Coach sued District Ct: nothing wrong with coach participating so long has he did not lead Appellate Ct: no First Amend. right to pray in employee’s role as public employee U.S. Supreme Court: denied cert
How to do it lawfully? All of the activities must be student-led Teacher-sponsor must be “nonparticipatory” • Can’t pray • Can’t organize • Can’t lead • Can’t answer questions about personal faith • Faculty monitor, facilitate, supervise
2012 Legal Update for Coaches and Sponsors Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase