L l iissues iin Coaching Legal C hi K Karen Haase H Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase
Technology gy and YOU
Technology gy and Staff < Causes for Concern - Drug/Alcohol Use - Sexual S l Inappropriateness I i t - Inappropriate pp p Communication with Students - Inappropriate Communication Comm nication about Students - Selling School Property
Student Use of Technology gy
Facebook and Student Vi l ti Violations off Code C d off C Conduct d t
A.Z. v. Doe (N.J.) Heroes and Cool Kids Program Anonymous Parent sends school pics from Facebook Student sues “John Doe”; serves subpoena Defendant: no defamation therefore no case Court: truth is an absolute defense
YouTube and Student Vi l ti Violations off Code C d off C Conduct d t
J.C. v. Beverly Hills Unif. Sch. Dist. (Cal.) 8th grade girls talking smack about a peer; uploaded l d d tto Y YouTube T b Principal p suspended p student who uploaded Court: no disruption to school school, no nexus to education, no basis for punishment
Sextingg
Sexting? Sexting, v: (a combination of sex and texting) is the act of sending di sexually ll explicit li i messages or photos electronically, primarily between cell ll phones. h
How Common is Sexting? g Sexually suggestive photos sent: – 20% overall –22% girls –11% 11% young teen girls (ages 13 13-16) 16) –18 % boys
How Common is Sexting? g Sexually suggestive messages sent: –39% of all teens –37% girls –40% 40% boys 48% of teens say they have received sexting ti photos h t or messages.
Sexting? ď&#x20AC;żMaterial can be distributed via:
-Text messages -Downloads onto laptops/computers -E-mail -Downloads D l d onto t ii-pods/mp-3 d/ 3 players l -Social Networking Sites
Criminal Implications Under Nebraska Law LB 97
─ Codified at Nev. Rev. Stat. 28 28-818 818
Class IV felony to
─ knowingly solicit, coax, entice, or lure ─ a child sixteen years of age or younger ─ byy means of an electronic communication device ─ to post images that would qualify as child hild pornography h under d state t t llaw
Criminal Implications Under Nebraska Law Affirmative Defense:
─ the picture is only of the defendant;
─ ─ ─ ─ ─ ─ ─
or defendant was younger than 19 picture i is i off someone at least l 15 picture was taken voluntarily picture was given voluntarily picture contains only one child defendant hasn’t shared the picture; AND d f d defendant did didn’t ’ coerce taking ki or sending di
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 j or endanger g seriously the morals or health of herself e se or o others” ot e s • Placed in legal custody of HHS • 6 months’’ probation i • Required counseling and community service.
Practical Steps in Dealing with i Sexting S i in i Schools S 2. Have a Clear Policy a. Search and Seizure b. Prohibit Possession 1. Sexting statute doesnâ&#x20AC;&#x2122;t limit schools 2. Include in h db k handbook
Practical Steps in Dealing with i Sexting S i in i Schools S 2. Have a Clear Policy a. Search and Seizure b. Prohibit Possession 1. LB 97 doesnâ&#x20AC;&#x2122;t doesn t limit schools 2 Include in sport 2. rules or handbook 3 SUPERVISE LOCKER 3. ROOMS
Practical Steps in Dealing with i Sexting S i in i Schools S 3. When You Catch Kids Sexting
J.S. and Layshock Students made fake MySpace pages Schools lost both cases Key legal points • School can’t punish off-campus speech because it i is i vulgar, pp p or even criminal inappropriate • School can only punish off-campus speech that is substantially disruptive
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 â&#x20AC;&#x153;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 organizationâ&#x20AC;?
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
L l iissues iin Coaching Legal C hi K Karen Haase H Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase