Quote:
Originally posted by Tim C
You and your association are expected to follow WRITTEN rules.
Dan, just quote me ONE legal proceeding that your answer is supported by and I will start new research.
NOT ALLOWING the player to participate would be a correct application of the written rule (FED has already sent this through THEIR legal) IF YOU ALLOW the player to wear, say, a "do rag" because he claims it is "religious in nature" and there is a fight over the color of the RAG then YOU would have a greater liability if you did not have documentation.
Please research things before you give legal advice, that is all I ask.
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I would start here, I assume you know about google if you need more.
http://www.usdoj.gov/crt/crim/faq.htm
Specifically:
Q. What are the differences between a civil and a criminal civil rights violation?
A. A criminal violation requires the use or threat of force. Other distinctions between criminal and civil cases brought by the
Government are:
CRIMINAL
CIVIL
Who is charged:
Accused person
Usually an organization
Standard of proof:
Beyond a reasonable doubt
Preponderance of evidence
Fact finder:
Jury
Judge
Victim:
Identified individuals
Individuals and/or representatives of a group or class
Remedy sought:
Prison, fine, restitution, community service
Correct policies and practices, relief for individuals
Govt's right to appeal:
Very limited
Yes
Criminal cases are investigated and prosecuted differently from civil cases. More and stronger evidence is needed to obtain a criminal
conviction than to win a civil suit. Should the defendant be acquitted, the Government has no right of appeal. A federal criminal
conviction also requires a unanimous decision by 12 jurors (or by a judge only if the defendant chooses not to have a jury). Civil
cases are usually heard by a judge, but occasionally a jury will decide the case. Both criminal and civil cases can be resolved without
a trial where both sides agree and with the concurrence of the judge; this is done by a plea agreement in a criminal case and by a
consent decree in a civil suit. In criminal cases, judges must use the Federal Sentencing Guidelines in determining the defendant's
punishment, whereas judges in civil suits may or may not adopt remedies as recommended by the Government when it wins.
Q. If there is no violence or threat of violence, whom should I contact?
A. If no violence is involved, complaints should be submitted in writing to the Civil Rights Division, where it will be forwarded to the
appropriate Section for review. The Division's mailing address is:
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530
Of course, I'm not a lawyer but I am bright enough to know
that the federal government holds a bit more power than the
NFHS or even the NFHS legal dept. As for do-rags, any idiot
can claim a do-rag is a religious article, and any idiot can
introduce it into an argument concerning the legitimate
wearing of religious articles. Only an idiot would not see
it for what it is: a red herring, a tactic to muddy the
waters in an otherwise simple question, so I will not
entertain any more questions related to do-rags.
If you choose to prevent kids from participating in an organized sport due to their religious beliefs and the
legitimate expression of those beliefs then more power to
you. If I'm the father of such a kid then I'm going to
the DOJ and I'm going to have a lot of questions.