Legal Issues for Athletic Administrators 2010 Karen Haase Harding & Shultz (402) 434 434-3000 3000 khaase@hslegalfirm.com
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Sped kids and activities Pregnant cheerleaders First amendment/FCA hazing
SpEd p kids and activities
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 ”
Pregnant g Cheerleaders
Chipman v. Grant County Sch. Dist., (Ky 1998) Girl excluded from NHS because of pregnancy Parents sued District Ct. discrimination on basis of sex • Unless refusing to admit sexually active unmarried boys
Woodman v. Kera Schs. (Mich. 2010) Cheerleader pregnant • Father signed liability waiver • Cheerleader and fetus injured in cheer squad throw • Girl sued Ct: father could not preclude child child'ss negligence suit
Myy advice: Be an administrator, not a doctor Be an administrator not a priest or pastor or rabbi Be an administrator not a parent Treat pregnancy like any other disability Require doctor’s consent, follow f ithf ll faithfully
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” Includes:
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
Legal Issues for Athletic Administrators 2010 Karen Haase Harding & Shultz (402) 434 434-3000 3000 khaase@hslegalfirm.com