When parents complain about coaches |
On Board Online • September 3, 2018
By the New York State Association of School Attorneys
In a recent newspaper survey of more than 200 high school coaches in Central New York, more than half said that they have considered quitting coaching because of unpleasant interactions with parents. How should school board members handle parents' complaints about coaches, and vice versa?
In New York, the commissioner of education has opined that policies and procedures with respect to athletic tryouts, determination of athletic rosters and playing time, the structure of modified and junior varsity teams, and related matters are all within the purview of the board of education to determine (see Commissioner's Decision No. 14,262, 1999; full text is available at www.counsel.nysed.gov/Decisions).
In other words, a coach's authority derives from the board's authority.
Many disputes between parents and coaches involve disagreements over playing time or game strategy. Such decisions are at the coach's discretion, as a result of authority delegated from the school board. A federal court in Michigan has held that college coaching decisions regarding player cuts and playing time are based on inherently subjective and individualized assessments. Accordingly, the Sixth Circuit U.S. Court of Appeals declined to subject these types of decisions to equal protection constitutional challenges (Heike v. Guevara, 2013).
The criminal convictions of coach Jerry Sandusky of Penn State and physician Larry Nassar of Michigan State are reminders that some coaches and other athletic staff do engage in misconduct. To ensure that misconduct is addressed, all complaints must be taken seriously.
The school district should clearly communicate its procedure for reporting, investigating and rendering findings on complaints related to athletics. A handbook for participants in extra-curricular activities is a good place to memorialize this information, so long as the handbook is consistent with the Code of Conduct and other board policies.
Like any other parental complaint, school officials should listen, gather facts and evaluate the merits. An expeditious and impartial investigation, in accordance with applicable school district procedures, will confirm the school district's commitment to addressing parental concerns and also satisfy the district's legal obligations.
One never knows where a parent's complaint about playing time may lead. For example, is the student being denied playing time for an improper reason, such as rebuffing a romantic advance? A more in-depth review of the parent's concerns may reveal the need for reporting and investigation under the Dignity for All Students Act; a parent's complaint of physical or sexual abuse will trigger the school district's child abuse in an educational setting investigation and reporting obligations under Education Law Article 23-B.
General complaints should follow a chain of command that starts with the coach, proceeds to the athletic director, and then goes from the athletic director to a central office administrator. Allegations of harassment must be handled in accordance with the district's harassment policy and any implementing regulation. A steady adherence to the requirements of chain of command reporting will favor faster resolution of many matters.
When there are allegations of misconduct, school districts should consider advising parents at the outset that laws limit the information that the district will be able to disclose at the conclusion of the investigation. Among other things, the Family Educational Rights and Privacy Act (FERPA) will likely restrict what information the school district can provide about individual students. With regard to the coaches themselves, confidentiality and privacy laws may restrict the school district's ability to disclose what steps it takes (if any) upon completing an investigation.
An investigation may show that the coach was acting appropriately and the parent is the problem. When this is the conclusion, district officials should review any athletic handbook and the Code of Conduct to guide next steps. If a parent's behavior violates either, sanctions may be imposed in accordance with the guiding document.
For example, if a parent has repeatedly disrupted athletic practices or contests, and efforts to ensure that the parent remains civil have failed, it may be permissible to bar the parent from attending future events. Again, the provision of information to students and parents at the outset of a season with regard to expectations for behavior can be invaluable. The school district is on solid ground if it has provided timely notice with regard to what is appropriate behavior and what is not, as well as notice about what the consequences may be if behavior falls below the school district's standards.
In cases where there is substance to a complaint about a coach, the school district must consider whether it wishes to have the coach continue to serve. However, removing a coach mid-season often is not an option, depending on the nature of the misconduct. If the coach possesses the requisite certification and training, deeming him or her to be "unqualified" requires objectively documented instances of misconduct (Commissioner's Decision No. 14,255, 1999).
Furthermore, replacing a coach can be legally problematic, as state law and regulations do not permit school districts to appoint unqualified individuals except in very limited circumstances. Moreover, your school district's collective bargaining agreement may contain restrictions on the appointment of coaches - for example, the district may be obligated to give a member of the bargaining unit preference over an "outside" candidate. School districts should consult with their attorney before removing any coaches.
What, then, about substandard performance as opposed to misconduct? School board members may find it frustrating, but the remedy may be as simple as not reappointing the coach in the future. Coaching positions are generally subject to annual appointments, subject to potential conditions established by the collective bargaining agreement.
Disputes involving coaches often garner a high level of interest from the public and the media. The school district will want to carefully control its messaging with regard to any actions taken as a result of complaints about coaches. Whatever information is released should be delivered by a designated individual with knowledge of the situation and a full understanding of what kinds of information can and cannot be disclosed.
Ideally, your board will have a unified position regarding any actions taken regarding coaching appointments, and board members will honor their duty to keep confidential any actions taken in executive session. School board members should be aware that improperly disclosing information from an executive session can result in a school board member being removed from office by a majority of the school board or the commissioner of education.
Members of the New York State Association of School Attorneys represent school boards and school districts. This article was written by Heather M. Cole of Ferrara Fiorenza P.C.