Question
New Mexico High School is a public high school.Dyson Stevens, a senior at the high school, is point guard for the basketball team; Pauline Williams
New Mexico High School is a public high school.Dyson Stevens, a senior at the high school, is point guard for the basketball team; Pauline Williams is a cheerleader.Last year, Pauline called the police, and claimed that she had been sexually assaulted by Dyson.She told the police that she and Dyson were at the same party, but not together.He cornered her in the bathroom, groped her, and began ripping her clothes off when someone came into the bathroom; Dyson fled.Dyson denied the charge, and said that they were initiating consensual sexual contact when they were interrupted.No charges were brought against Dyson.
A problem arose during the first basketball game of the season this year.Dyson had been fouled, and was at the free throw line.As was the custom, the cheerleaders were yelling him on, except for Pauline.She stepped back from the rest of the cheerleaders, turned her back to the court, and crossed her arms.Dyson took his shots, making the first one and missing the second.
Immediately afterwards, the basketball coach talked with the cheerleading coach, who then talked with Pauline.Pauline said that she was not going to cheer for someone who had tried to rape her.The coach said that she had to cheer for all of the players.
A few minutes later, Dyson was again fouled, the scene described above repeated itself; while Dyson took his free throw shots, Pauline stepped back from the rest of the cheerleaders, turned her back to the court, and crossed her arms.
Again, the cheerleading coach, this time joined by the high school principal, talked with Pauline.Again, she said that was not going to cheer for someone who tried to rape her.Again, the coach said that she had to cheer for all of the players.The principal then told her that unless she was going to cheer for all the players, including Dyson, she had no place on the cheerleading squad.She repeated that she would not cheer for Dyson.The coach then told her that she was cut from the team.
Pauline has now gone to meet with some lawyers, asking whether she can be cut from the high school cheerleading squad for refusing to cheer under the circumstance.
Your task is to work your way through the IDEA model.As this is not an exercise in legal research, I am not expecting you to conduct your own independent legal research.Instead, I am providing some excerpts from 3 separate cases that may inform your analysis.They are saved in a .pdf file under the "Files" tab.These cases provide the legal precedent or law that should be used in your analysis.As you read these materials, please keep in mind that the entire cases have not been provided rather a substantially edited version so that you have less reading.
written analysis which should be set up using the following format and include the appropriate discussion.
- Identify the legal issue (This is theI- Identify in the IDEA Model)20 points
- Identify both sides of the legal issue; remember, each and every legal issue is seen/argued differently depending on what side of the issue you are on. Here you need to argue all sides of the issue. (This corresponds with theD-Deepen Understanding in the IDEA Model)20 points
- 3.Analyze both sides of the issue based on the legal precedent provided; please cite the cases you used in the analysis.[1](This corresponds with theE-Enumerate options section of the IDEA Model)20 points
- Conclude the discussion by describing what you believe the outcome of the situation should be (This corresponds with the A-Assess the situation and make a preliminary decision section of the IDEA Model)20 points
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