Ralston coaches and sponsors

Legal Update for Ralston Coaches and Sponsors Karen Haase Bobby Truhe Harding & Shultz (402) 434-3000 schoollaw@hslegalfirm.com H & S School Law @KarenHaase @btruhe

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

Legal Issues Today  Hazing/Bullying  Locker Room Supervision  Social Media

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)

   

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”

Locker Room Supervision

Doe v. Rich Central H.S. (Ind. 2012)

 Boy complained of being bullied in locker room  Security camera caught staff talking  Boy assaulted by teammates  Parents sued  Case settled

Creekbaum v. Livingston Parish Sch. Dist. (LA 2011)  Three football players urinated on freshman’s locker  Victim sued claiming emotional distress and negligent supervision  Coach: never had a problem before

Social Media/Technology

Graham v. Ambridge Area Sch.  David Costanza slept with student  Student sued School  Ct. denied Summary Judgment; school could be sued  Ct. relied on fact that School knew teacher communicating via IM, email and texts, but didn’t follow up

Paul Withee  Posted nude pics to FB  Thought was private msg to girlfriend  Resigned

The Bottom Line

Social Media and kids

Sexting  Neb. Rev. Stat. 28-813 et. seq.  Class IV felony to

 knowingly solicit, coax, entice, or lure  a child sixteen years of age or younger  by means of an electronic communication device  to post images that would qualify as child pornography under state law

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 or endanger seriously the morals or health of herself or others”  Placed in legal custody of HHS  6 months’ probation  Required counseling and community service.

Legal Update for Ralston Coaches and Sponsors Karen Haase Bobby Truhe Harding & Shultz (402) 434-3000 schoollaw@hslegalfirm.com H & S School Law @KarenHaase @btruhe