Torts, Sports and Religion: Keeping your principal out of trouble National SAM/Principal Conference Phoenix, Arizona January 27-28, 2012

Why do we care? $$$$ Respect Rights of others Changing standards Save Time Free you up to be best

Topics Torts Sexual Misconduct Social Networking sites Religion Sports

Torts 1.Duty – Legal issue 2.Breach – Fact issue 3.Cause in fact 4.Damages

2 Ps P________________________

Examples Supervision Duty and training Equipment Field Trips Buildings and grounds How to Prepare your School

Harassment 1.Student to Student 2.Responsible if ______________or _________________ and school system was deliberately indifferent.

Who wants to pay a Million Dollar Judgment? 1. Teacher to Student Harassment 2. Consequences 3. News Headlines 4. Revised Louisiana Statute 14:81.4

Potential Signs of Problems Physical displays of affection Frequent personal communications Sexually suggestive conversations Obstructing view of room Drinking with students Hot-tubing with students Language

Teacher to Teacher Hostile work environment Words, pictures, rumors or jokes Affairs or romances Does it affect teaching ability or performance

Technology Issues Cell Phones – Appropriate policies Video Cameras Facebook Cyber-bullying Social Networking sites and issues Who knows the future?

The Ugly Teachers posting inappropriate items on their profiles on Facebook Teachers inappropriately contacting students about non-school items Lack of understanding as to private vs. public settings and material

Examples -- Pictures Photo of 37 year old female teacher kissing 18 year old male student on the lips Poster depicting talking sperm with slang term for oral sex Picture of female teacher on her back, eyes closed with a bottle of Jose Cuervo between head and shoulders Painting of woman lifting up her dress exposing her lingerie and another showing her bare chest

More examples -- pictures Drunken Pirate (denied degree) Pictures of teacher painting with his buttocks Nude photos on partners website (professional photographer)

Inappropriate Messages Male teacher under picture of female student This is sexy Im not a gynecologist, but I will take a look inside Supervisor of high school science & math called students Germ bags and parents snobby and arrogant Listing as an interest teaching chitlins in the ghetto of Charlotte

More Inappropriate Messages Special education teacher Youre a retard, but I love you Elementary teacher I only have 2 feelings: hunger & lust and I slept with a hooker, Be jealous Headmistress boasted about the size of her breasts on Facebook Student teacher complaining about supervisor Teaching in DCPS – Lesson #1 Dont smoke crack while pregnant

Suggestions for teacher PD Its Social Networking! Youre not in college any more Learn how to put settings on private Dont friend students Dont be critical of supervisors or parents on Facebook Ask would I post this to my grandmother? Dont make fun of students or post anything vulgar, obscene or lewd PD to avoid issues so principal does not have to!

Religion in Schools? Can we pray in school? 1.Student religious rights a. Absolute right _____, not absolute right to _________. b. ___,_______, _________ restrictions. c.Classroom issues d.Non-curricular issues – flagpole; clubs; athletics; programs. 2. School suggested religion

Sports & Coaches! Physical issues Equipment issues Record keeping (schedules & practices) Potential for criminal liability

Sexual misconduct? Why are there so many instances of coaches sexual misconduct? What can principals do to reduce the risk?

Religion & victory! U.S Supreme Court speaks Issues in the sporting arena Methods to achieve purposes

Questions Anyone? Contact Information Nathan Roberts, J.D., Ph.D. EDFL Department Head University of Louisiana at Lafayette