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