Legal Issues in Coaching

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

Facebook

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