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  1. #11
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    Jan 2006
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    Default Re: Filing a Grievance or Lawsuit Against a School District

    Quote Quoting jeffg
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    Hi All,
    Thank you for all your replies:
    1). First, I have done nothing but teach them to be good teammates. BUT more importantly, I have taught them to STAND up for themselves and NOT swallow everything someone verbally abuses you. Why should I? The coach is verbally abusive and intimidates, and I should tell my sons to say "Thank you sir"?
    2). Where is it written ANYWHERE that its OK for A COACH to tell a player: " if I get anymore emails..
    well, ya better not let the kid join the military or work for about 50% of the bosses in this world. Either situation will result in your son being verbally abused (at least by your definition). Your son needs to learn he doesn’t get a say in everything in life and when the person verbally abusing him is in a superior position, he either sucks it up and moves on or finds another employer (obviously not applicable to the military. There he needs to just suck it up)

  2. #12
    Join Date
    Jun 2019
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    4

    Default Re: Filing a Grievance or Lawsuit Against a School District

    Dear CDW
    yes on your points, ALL agreed and thats the reality of the situation.

    However, distraction or not I may be or may not be, I speak the truth, and that's what matters. However the consequences, yes dire it may be, but, i can hide and swallow, or not, the statements I made, are still the truth.
    The establishment, can hide and make statements about "Leeways", but in the end, its the truth.

    Speaking up to the coach? Well, he was playing ONE minute per game and did not matter if he made 3 point shots in one minute, he would still sit down after 1 min, and then the coach ASKS him WHY he doesnt do that in a game? Thats not a question from the coach, thats downright insulting. We are all human, and we get frustrated, when we show effort and compliance , and we are insulted and degraded afterwards, how would you expect me to side with the coach ?

    Yes, there are BOORISh coaches, and GOOD ones as well, but they are/should be held to a higher ethical standard. They are Teachers/COACHES ( the word COACH, meaning to teach and guide).

    anyway thank you

  3. #13
    Join Date
    Sep 2005
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    California
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    Default Re: Filing a Grievance or Lawsuit Against a School District

    Quote Quoting jeffg
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    Dear CDW
    yes on your points, ALL agreed and thats the reality of the situation.

    However, distraction or not I may be or may not be, I speak the truth, and that's what matters. However the consequences, yes dire it may be, but, i can hide and swallow, or not, the statements I made, are still the truth.
    The establishment, can hide and make statements about "Leeways", but in the end, its the truth.
    Whether the coach was "wrong" in your eyes or not is, from a legal perspective, entirely irrelevant. You can complain to the school administration if you'd like, but I suspect it will be of no avail. If there is sufficient disapproval of the coach, he may not be allowed back for the next school year, but that or a stern talking to might about the best you can hope for.

    Speaking up to the coach? Well, he was playing ONE minute per game and did not matter if he made 3 point shots in one minute, he would still sit down after 1 min, and then the coach ASKS him WHY he doesnt do that in a game? Thats not a question from the coach, thats downright insulting. We are all human, and we get frustrated, when we show effort and compliance , and we are insulted and degraded afterwards, how would you expect me to side with the coach ?
    Again, you may not like it, but the coach can limit game time for whatever reason he wants. He can also penalize those who speak up - or whose parents' speak up. Whether the coach was right or wrong in sayin git is of little to no legal consequence.

    Yes, there are BOORISh coaches, and GOOD ones as well, but they are/should be held to a higher ethical standard. They are Teachers/COACHES ( the word COACH, meaning to teach and guide).
    Maybe so. But, as I and others have stated, none of this means you have any grounds for a lawsuit or other action against anyone. The advice I gave my youngest son when he was playing football his junior year and had a dust-up with the coach was that he could choose not to play next year. - but he could NOT quit mid-season. He chose to play his senior year, anyway, and things went pretty good ... until the 3rd game when he tore his MCL and was out of all sports (including wrestling and track) for the rest of the year.

    No one says you can't be unhappy with the coach, but, we ARE saying there's little that you can do to effectively change the situation. Most of what you can do will only make the situation worse. The good news is that the season is over and that your son can now choose whether or not he wants to go through it again next year.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #14
    Join Date
    Nov 2013
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    6,427

    Default Re: Filing a Grievance or Lawsuit Against a School District

    Quote Quoting jeffg
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    My question involves education law in the State of: California

    I am in the process of trying to sue the Santa Clara Unified School district for intimidation and negligence against my sons.
    Im really looking for any next steps suggestions
    I'm not going to weigh in on the merits of your case/non-case. Whether the coach has singled out your son for harsher or harassing or discriminatory treatment is something that would have to be proven along with what actual damages that treatment has caused.

    However, any time you want to sue the government, an agency of the government, a subdivision of the government, or an employee of any of the for mentioned entities, you must first file a Tort Claim Notice with that agency. You can't just file a law suit.

    The notice gives the agency time to review your claim and accept or reject it or something in between. If it is rejected, you are allow to sue but you still need a cause of action that you can sue for and you still need actual monetary damages . You can't sue for punitive damages. In other words, if your son needed counseling or psychiatric treatment, the cost of which may be actual damages.

    You can Google the California Tort Claim Act and find many sites that will explain what it is and how to file a claim. You have 6 months from the date of injury to file.

    And while you can file a claim yourself (there is no cost or downside to filing one) it is suggested that you consult with a personal injury attorney to get realistic legal advise about your claim.

  5. #15
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    Jan 2006
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    Default Re: Filing a Grievance or Lawsuit Against a School District

    Jeffg,

    before you consider “discrimination”, understand that we all discriminate every day. Choosing the white shirt over the blue shirt is discriminating. The discrimination that allows one to sue based on it is unlawful discrimination. There are actually very few issues that fall under unlawful discrimination. Among them are gender, race, age (if it involves a person over 40), religion, color, national origin and in some states a couple more. Telling your child to sit out a game whether it be because the coach doesn’t like you, doesn’t like your child, thinks your kid is a rotten player, thinks your kid is insolent, or pretty much any other reason that doesn’t fit within the short list I powered is not unlawful.

    Also understand that for harassing behavior to be unlawful, it has to be based on the same list that I provided. It is a form of unlawful activity only if it is based on the harassed party being harassed due to belonging to one of the protected classes I listed.

    The poster above included those trigger words. I don’t know if it was intentional or not; hopefully not since you have said absolutely nothing that would suggest unlawful discrimination or harassment is involved

    to suggest there is any basis to sue, such as all the info on the tort claim act, to me, is inflammatory in its underlying suggestion it is applicable to what you are dealing with. You’ve had responses from at least one attorney and a pretty smart cop. Neither have seen any claim that would appear to have any merit. While it’s never bad to be educated, don’t take the previous posters statements as suggesting you actually do have a claim.

    If are seriously considering suing the school, I suggest you speak with an attorney who can review the facts at hand and advise you properly. Running off half cocked without a valid claim results in wasting everybody’s time, energy, and for some, money.

  6. #16

    Default Re: Filing a Grievance or Lawsuit Against a School District

    Quote Quoting jeffg
    View Post
    Hi All,
    Thank you for all your replies:
    1). First, I have done nothing but teach them to be good teammates. BUT more importantly, I have taught them to STAND up for themselves and NOT swallow everything someone verbally abuses you. Why should I? The coach is verbally abusive and intimidates, and I should tell my sons to say "Thank you sir"?
    2). Where is it written ANYWHERE that its OK for A COACH to tell a player: " if I get anymore emails from your Dad, I will make you run". So , THATS OK? So everyone here is saying, " ITS OK" to get that sort of language and just tell your son, " ITS OK to be threatened"

    3). They HEARD ALL the SPIEL about dedication and teamwork from this coach, and they busted their butts for it whole year last year, through Summer league. And what was their reward? Ill tell you: The coach takes back into the team 2 players who QUIT on the team previous year, players who quit because they said it was TOO HARD to play. And what happens? These players ( not very good anyways) get to play more minutes than my sons who worked twice as hard.

    4). ok, so now, lets get back to playing time: How do you earn it? by showing it in practice. Ok So, in one practice , my son was dominating practice, and the coach asks him " Why dont you do that in the game"? and my son replies" Coz YOU DONT PUT ME IN!" . So, my son should have stayed quiet, and said " Im sorry sir"?

    5). Another comment here is im doing more harm than good: And how is that? Im fighting for my son's rights ( how smaill that may be) and ensuring that he does not get verbally abused, and after all,. THIS IS STILL a SCHOOL and an educator's job is TO educate AND MOTIVATE a student. And the coach is in some form,. an EDUCATOR, is he not? So, threatening my son with physical punishment is MENTALLY toughening him up? hmmm.
    I have played college ball and coached at many levels, and have seen many coaches, and I have NEVER seen a coach threaten a player. I guess this coach MUST be a different breed.

    6). At one instance, last season, a player played badly and was nervous, and he dropped the F bomb on the player . telling him he will never be any good. I have it all documented. So, the coach was MERELY mentally toughening up the player I guess?

    I get what everyone here is trying to say, play by the rules, support the coach ( and for awhile, the longest time, I DID, even setting up emails for him and doing the time clock/shot clocks for his games), but when i saw what he was, the kind of person he is, which is vindictive, I said enough.

    You all here can judge me, but until you have experienced what I have, and seen what I have, you will understand why I feel this way.

    sorry, this forum only allows me 5 posst for 24 hours...
    In response to #5. Physical punishment is a smack to the arse or punch to the nose. Running is called...wait for it...exercise.

  7. #17
    Join Date
    Jul 2018
    Posts
    1,656

    Default Re: Filing a Grievance or Lawsuit Against a School District

    Read this.

    Quote Quoting jeffg
    View Post
    Where is it written ANYWHERE that its OK for A COACH to tell a player: " if I get anymore emails from your Dad, I will make you run". So , THATS OK?
    It's written at the other site where you asked this. In a perfect world, it might not be the best first response to parental meddling about playing time, but it's something I'd get to pretty quickly, and it would be followed by: if your mother/father continues to hassle me about your playing time, you'll find yourself off the team.

    You're free not to like how the coach does his job and are perfectly free to complain to the athletic director and the principal and the school board. However, your dissatisfaction with the coach is not grounds for a lawsuit.

  8. #18
    Join Date
    Jan 2016
    Posts
    410

    Default Re: Filing a Grievance or Lawsuit Against a School District

    Quote Quoting jeffg
    View Post
    Dear CDW
    yes on your points, ALL agreed and thats the reality of the situation.

    However, distraction or not I may be or may not be, I speak the truth, and that's what matters. However the consequences, yes dire it may be, but, i can hide and swallow, or not, the statements I made, are still the truth.
    The establishment, can hide and make statements about "Leeways", but in the end, its the truth.

    Speaking up to the coach? Well, he was playing ONE minute per game and did not matter if he made 3 point shots in one minute, he would still sit down after 1 min, and then the coach ASKS him WHY he doesnt do that in a game? Thats not a question from the coach, thats downright insulting. We are all human, and we get frustrated, when we show effort and compliance , and we are insulted and degraded afterwards, how would you expect me to side with the coach ?

    Yes, there are BOORISh coaches, and GOOD ones as well, but they are/should be held to a higher ethical standard. They are Teachers/COACHES ( the word COACH, meaning to teach and guide).

    anyway thank you
    It seems quite possible that what you say is "The Truth" is justyour opinion and perspective about the situation. Take, for instance, the "truth" that telling your son he'd have to run if you sent another email. Your "truth" is that this is abusive. However, others (including me) don't see this as abusive, just an interesting tactic. In fact, I'd wager that you son's lack of playing time is directly correlated with how aggravated the coach is with your behavior.

  9. #19
    Join Date
    Jun 2010
    Posts
    641

    Default Re: Filing a Grievance or Lawsuit Against a School District

    I've known more than a few HS and college athletes. Whining about play time is rarely taken well (no one thinks they play enough), and often leads to the whole team running. Frankly, I'd bet your young man's "Coz you don't play me" was stated with more than a bit of attitude. Perhaps a better course of action would be to have asked him if he could think of a better response ("I can, Coach! Give me a chance next game, and I'll show you.").

    I used to tell mine that, instead of complaining, show your worth. Train harder and longer, step up and be a leader for your team.

  10. #20
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    Oct 2016
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    3,231

    Default Re: Filing a Grievance or Lawsuit Against a School District

    Quote Quoting jumanji
    View Post
    I've known more than a few HS and college athletes. Whining about play time is rarely taken well (no one thinks they play enough), and often leads to the whole team running. Frankly, I'd bet your young man's "Coz you don't play me" was stated with more than a bit of attitude. Perhaps a better course of action would be to have asked him if he could think of a better response ("I can, Coach! Give me a chance next game, and I'll show you.").

    I used to tell mine that, instead of complaining, show your worth. Train harder and longer, step up and be a leader for your team.
    You seem to have misread the OP. It isn't the student-athlete that is whining. It is the parent of the student-athlete. So it was more like, "You mean old coach my baby isn't playing enough" where the proper parental statement should have been, " ".

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