The end-of-week grogginess has set in. It is time to name that tune! If you watched any television from 1989 through the present, you likely recognize the title’s nod to the iconic show Cops. Just as the law enforcement in Cops is faced with a variety of unruly and out-of-control individuals, school administrators are oftentimes faced with similar conduct at sporting events by parents, patrons, and students. Not only is this a nationwide issue, schools in the Midwest are facing similar challenges.
For example, a school district in northern South Dakota recently came under scrutiny in the news for the student sections’ racial slurs against the opposing team. This event prompted the South Dakota High School Activities Association to update its Racial Harassment, Violence, and Taunting policy. The updated policy states, “Any spectator violating the Racial Harassment portion of this policy shall be immediately removed from the facility by contest administration and/or contest officials.” A second policy clarifies the SDHSAA stance on taunting. For our Nebraska clients, the NSAA has a “Conduct and Sportsmanship” policy that states: “Members schools shall maintain proper crowd control and enforce the principles of good sportsmanship and ethics during all interscholastic contests.”
How do these policies work with district policies and state law? In South Dakota, SDCL 13-32-1 explicitly states “Superintendents, principals, supervisors, and teachers have disciplinary authority over all students while the students are in school or participating in or attending school sponsored activities whether on or off school premises.” (emphasis added). This statute gives broad authority to administrators to remove and discipline students who are engaged in racial harassment, taunting, or other behaviors that violate school policy. Similarly, Neb. Rev. Stat. 79-267 provides: “[T]he following student conduct shall constitute grounds for long-term suspension, expulsion, or mandatory reassignment, subject to the procedural provisions of the Student Discipline Act, when such activity occurs on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event.” (emphasis added). Additionally, this is a reminder to review your board policies on access to school premises or activities. For KSB policy subscribers in both Nebraska and South Dakota, that is policy 3018.
Generally, schools in both states have broad authority to remove unruly patrons, parents, and students from a school activity. Those individuals have little recourse against the school or administration if they are dissatisfied with the ejection or removal. Further, if the behavior is highly problematic or disruptive, the District can provide the patron or parent a “Stay Away” letter informing the individual that they are no longer allowed on school property or at school activities. We encourage our administrators to use such tools to address problematic behavior.
If you have any questions about premise access, unruly parents, or would like assistance drafting “Stay Away” letters or board policy, do not hesitate to reach out to Karen, Steve, Bobby, Coady, Jordan, Tyler, or Sara at 402-804-8000 or give us all an email at ksb@ksbschoollaw.com.