Fort calhoun 2014 15

Fort Calhoun 2014-15 Inservice Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

Legal Issues Today  Hazing/Locker Room Issues  Inappropriate Teacher/Student Contact  Facebook privacy OR Prayer and First Amendment

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

Hazing

Hazing “any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any organization…”

Hazing Includes “whipping, beating, branding, forced and prolonged calisthenics, prolonged exposure to the elements, forced consumption of any food, liquor, beverage, drug, or harmful substance not generally intended for human consumption, prolonged sleep deprivation‌â€?

Hazing Includes “…or any brutal treatment or the performance of any unlawful act which endangers the physical or mental health or safety of any person…”

Craig v. Portage Township Sch. (Ind. 2013)

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Allegations of sex harassment on bus Driver couldn’t see Student: “can anything be done?”

Court Dismissed Suit: • School did not know • When school discovered took action • Failure to train didn’t cause injury

Davis v. Carmel Clay Sch. (7th Cir. 2014)

 Boys basketball team • “gooching” • Dragged freshman into shower • Grabbed and flashed • Bus incident  Court Dismissed Suit: • School did not know • When school discovered took action • Need for training not evident

Mathis v. Wayne Co. BOE (Tenn. 2011)

 Boys basketball team • “lights out” • “blindfolded sit-ups” • “pencil” and “marker” incidents  Court Ruled in Favor of Plaintiffs on Title IX Claim • Coach knew of “horseplay” • School deliberately indifferent through coach’s inaction

C.H. v. Los Lunas Sch. Bd. of Educ., (NM 2012)

 Plaintiff on HS football team • Seniors held down and “physically and sexually battered” him • 2 years prior, another highly publicized incident of hazing in NM involving HS football team  Court: prior incident gave defendants notice of possible hazing

How Common is Hazing?

National study commissioned by North American Interfraternal Foundation (NIF) • 48% of college athletes reported that they had been hazed in high school • Male and Female athletes roughly equivalent (Types of hazing differed) • 66% reported they’d observed hazing of others in high school sports

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

Inappropriate Teacher/Student Contact

Graham v. Ambridge Area Sch. Dist.  Teacher David Costanza slept with student  Student and family sued School  Ct. denied Summary Judgment; school could be sued

Court Relied on These Facts:  Student testified about crude remarks  Costanza: “I got in trouble.”  Written reprimand without follow up  Principal: “I don’t know what you’re doing and I don’t want to know ….  School knew Costanza communicating with students via IM, e-mail and texts

Nebraska Incidents  Relationships with recent graduates  Relationships with current students • High school • Middle school • Elementary  Extortion for Grades

Time to choose  Facebook Privacy Tutorial?  Prayer/First Amendment

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

Fort Calhoun 2014-15 Inservice Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase