CYA: Protecting Yourself with Common Sense Approaches to Coaching

CYA: Protecting Yourself with Common Sense A Approaches h to C Coaching hi Karen Haase Harding H di & Shultz Sh lt (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

First,, the Good News! < Rare that coaches face personal liability < NCA insurance < Tort Claims Act < Rule 27

Issues To Think About < < < < <

Concussions and Other Injuries Disabled students and activities First Amendment Hazing Supervising Assistant Coaches < (Social Media)

Concussions and Other Injuries  LB 260 • “…concussions concussions are one of the “most 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.”

LB 260 Requirements ď&#x20AC;ż Schools make available training approved db by the h chief hi f medical di l officer ffi ď&#x20AC;ż School provide concussion and brain injury information to students and their parents or guardians annually ď&#x20AC;ż Student must be removed from practice or game when coach or medico suspects student has sustained a concussion or brain injury

LB 260 Requirements  If concussion suspected, hold students out until il • has been evaluated by a licensed health care professional • H Has written i clearance l from f li licensed d health care professional • Has written clearance from parents  If student t d t iis removed d ffrom activity, ti it mustt provide specific notice to family

The Bottom line:  BE CONCUSSION AWARE • In ALL sports  Consider implementing parts of LB 260 now  Nebraska Sports S Concussion Network

Disabled students

Marana Unif. Sch. (AZ. 2009)  Down Syndrome student in band • IEP listed li t d participation ti i ti in i band b d • Band trip p to Disneyland y for contest • Kid didn’t march, participate in recording session or group picture • Parents filed complaint with OCR  OCR: reasons for not participating not based in kid kid’ss needs  Found violation; parents can sue

McDowell Schs. (W.Va. 2010)  Third-grader didn’t make cheerleading squad • Student small b/c of hormone deficiency • 24 auditioned for 12 spots • Multiple judges applied multiple criteria • Student scored lowest of everyone  OCR: no discrimination

Polk County Schs.(Fl. 2009)  9th graders with Fragile X syndrome, autism and fetal alcohol syndrome. syndrome  Parent complained that the district discriminated against the students by failingg to notifyy them about extracurricular activities  School communicated using:

Polk County Schs.(Fl. 2009) • a marquee outside the building • a Web site • a scroller system that appeared on classroom TVs • an automated telephone messaging system • Students’ teacher sent notes home once or twice a month announcing upcoming i events t att the th school h l and d in her class

Polk County Schs.(Fl. 2009)  OCR: while the students might have had access to the information, information they could not effectively understand and access this i f information ti on their th i own.  In order for students with disabilities "to effectively participate in activities, all of their parents would need to be provided advance notice of all the activities on a consistent basis...” basis ”

So what should a coach do?  DO NOT assume what you think is reasonable will work  Check with SpEd department and check student’s IEP  ADA/Rehabilitation Act call for “interactive process” in determining reasonable accommodations  Not required q to fundamentally y alter the activity

First Amendment / FCA

Doe v. Duncanville Ind Sch Dist, (5th Cir. 1995)  School’s basketball coach initiated prayers before games and practices  School: can’t can t prevent employees from praying because would violate coach’s free exercise rights

Doe v. Duncanville Ind Sch Dist, (5th Cir. 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 ti are representative t ti off [school] [ h l] policies.”

Courts’ Concerns with Staff-Lead Prayer:  It could appear that the school endorses the teacher’s religious views.  Could have coercive effect on the students

How to do it lawfully?  Qualify FCA as a “qualified student club” under Equal Access Act • Must be student initiated and student led • Faculty can be involved in these clubs only to monitor, facilitate, or supervise and non-school supervise, non school persons cannot be regularly and directly i involved l d in i the h meetings i

How to do it lawfully?  All of the activities must be student-led  Teacher-sponsor must be “nonparticipatory” p p y • Can’t pray • Can Can’tt organize • Can’t lead • Can’t answer questions about personal faith

Hazing

Hazing g  “any any activity by which a person intentionally or recklessly endangers th physical the h i l or mental t l health h lth or safetyy of an individual for the purpose of initiation into, admission into affiliation with, into, with or continued membership with any organization”

How Common is Hazing?  National study commissioned by North American Interfraternal ( ) Foundation (NIF) • 48% of college athletes reported that they had been hazed before coming to college - Male and Female athletes roughly equivalent in reporting experience - Types of hazing differed • 66% reported t d th they’d ’d observed b dh hazing i off others in high school sports

Hazing We’ve Seen in Nebraska  “Paddling” by upper classmen  “Freshmen eat a pepper” day  “Russian dick dick-lett” lett”

Dealing with Hazing  DON’T. YOU. DO. IT.  Communicate with student athletes about difference between leadership and bullying/hazing  Supervise S i • locker rooms • Bus trips

Volunteer/Community Coaches

Volunteer/Community Coaches  You are the supervisor  Provide P id training t i i and d keep k records d  Talk to yyour administration about wage and hour issues  Beware the justice system

CYA: Protecting Yourself with Common Sense A Approaches h to C Coaching hi Karen Haase Harding H di & Shultz Sh lt (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase