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Michelle
Michelle, Paralegal
Category: Legal
Satisfied Customers: 4136
Experience:  31 years of experience in criminal, real estate, juvenile and family law
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head coach and high school administration refuse to ...

Customer Question

head coach and high school administration refuse to report text messaging from an assistant coach containing sexually explicit language and discussing his sexual activity and the players sexual activity.
Submitted: 6 years ago.
Category: Legal
Expert:  Michelle replied 6 years ago.

Dear Customer

Were these messages sent to your child? Can you provide a little more detail, please

Thanks ~ Michelle

Expert:  Michelle replied 6 years ago.

Dear Customer

If the messages were sent to your child, you can take those text messages to the police and ask they investigate this matter as you feel they are inappropriate - and that the coach is sending such messages to other students - you can explain that the inappropriateness is making your child uncomfortable and that you feel as though there is a certain amount of harassment in addition to other problems.

Unfortunately, without a bit more information, including the state where this occurred, I cannot be more specific to your needs.

 

Customer: replied 6 years ago.
Reply to Michelle's Post: Michelle,

The text messages were sendt to a couple players on the team in 2005 when I was an assistant. I reported the incident to the head coach at the time and recently found out that this had never been taken care of. We also found out that this same head coach has been using vulgar language on the field and making sexual comments about some of the mothers on the team. He was also repremanded for a hazing situation in 2001 of a young player. the victim was stripped and locked outside for an hour. Nothing was done or recorded. The text messaging contained language about the size of penis and sexual positions the coach had with his wife. This same head coach made national news when he took the team to hooters in 2001. This is a coach with bad judgement and it seems an administration that is not willing to do anything about it.
Expert:  Michelle replied 6 years ago.

Dear Customer

Ok. Thank you for that folo up information. It has been 2 years since the text messaging and therefore possibilty of any evidence is non-existant Please tell me what your question is, so I can accurately assist and direct you.

Thanks ~Michelle

Customer: replied 6 years ago.
Reply to Michelle's Post: the incident occured in Utah
Customer: replied 6 years ago.
Reply to Michelle's Post: The boys who received the text messages are willing to come forward. The investigation could not go forward due to the fact that the coach had an attorney who sent out a letter to all the boys on the team telling them if they did talk about the coach they would likely face charges in court for slander. Did the administration have an obligation to report this as well as the hazing incident. Is it unlawful for a teacher and head coach to use vulgar language F--- and
f------ fn that. when he has been warned several times before. I know a student would be expelled from school under the current utah code what is expected of a teacher and coach.
Expert:  Michelle replied 6 years ago.

Dear Customer

I just dont see how anything from 2006 can be proved without the evidence of the text messages - of course, the administration should have done something - and they can do something about any such behaviors that are now occuring - but without those text messages it is just going to be one's word against the other - and quite possibly at this point "slander" would weigh in. I mean imagine if someone said that Customer committed a crime in 2006 - and there was nothing to prove it. Again, you can report this to the police - but without concrete evidence, I see it not going anywhere.

If you have not already spoken with your Board of Education members concerning this and the recent conduct - then you might consider doing that. Again, be careful of saying things that you cannot prove.

 

Customer: replied 6 years ago.
Reply to Michelle's Post: The boys coming forward and this being reported when it happened. The fact is the administration was given all the information and they never interviewed the boys who will come forward. The hazing incident everyone knows about throughout the school.

Is it ok for a teacher/coach to use the vulgarity.

As to your question about if someone came out years later with alligations about my conduct with minors and text messaging I imagine I would be very concerned if the boys were coming forward. I really don't think the coach will deny what he did.
Expert:  Michelle replied 6 years ago.

Dear Customer

This is different than if there was some sort of sexual abuse - of course, you have nothing to lose by going to the POLICE and/or the DA and having them investigate this matter -

Should a coach be allowed to use profanity? Of course not. Do they? All the time is my guess - should the administration have taken action - YES. Do you want to sue the administration for not taking action - then you will need to show some type of damage - and how can you do that when there is not any evidence.

Again, take it to the police. Consult with a local attorney about this. Consults are minimal. You might find someone who wants to latch onto this, present a scandal and try to make a name for themselves. This is my most-humble and professional opinion on this matter. I could be wrong.

 

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