Scenario

New Mexico High School is a public high school. Dillon Smith, a senior at the high school, is point guard for the basketball team. Paula Martinez is a cheerleader. Last year Dillon worked at an elder care facility where Paulas grandmother was a resident. There was an error with Medicare billing that led the facility to believe that Paulas grandmother needed to leave the facility to live somewhere else by December 31st. Paulas grandmother was informed 60 days prior to eviction in accordance with the terms of her contract with the elder care facility. The rest of the family was not informed. On December 31st, Dillon had the job of forcefully removing Paulas grandmother and her belongings from her room by noon. A winter storm was expected to hit the area by midnight. Embarrassed and not wanting to burden her family, Paulas grandmother chose to live in her car. She did not tell her family. That night it got below freezing and Paulas grandmother died of hypothermia. Paulas family filed a report with the police. No charges were brought against Dillon or the elder care facility. A problem arose during the first basketball game of the season this year. Dillon had been fouled, and was at the free throw line. As was the custom, the cheerleaders were yelling him on, except for Paula. She stepped back from the rest of the cheerleaders, turned her back to the court, and crossed her arms. Dillon 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 Paula. Paula said, Im not going to cheer for someone who killed my grandma. The coach said that she had to cheer for all of the players. A few minutes later, Dillon was again fouled, the scene described above repeated itself. While Dillon took his free throw shots, Paula 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 Paula. Again, she said that was not going to cheer for someone who killed her grandma. 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 Dillon, she had no place on the cheerleading squad. She repeated that she would not cheer for Dillon. The coach then told her that she was cut from the team. Paula 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.

1. Identify the legal issue (This is the I - Identify in the IDEA Model) 20 points [Hint: the legal issue has nothing to do with whether Smith in fact assaulted Martinez.] 2. Identify all sides of the legal issue in light of the relevant law (which has been provided to you); remember, each and every legal issue is seen/argued differently depending on the side of the issue you are "on" and the supporting law. Here you need to argue all sides of the issue. (This corresponds with the D-Deepen Understanding in the IDEA Model) 20 points 3. Analyze all sides of the issue(s) based on each of the three cases that have been provided to you; please cite the cases you used in the analysis.2 (This corresponds with the E-Enumerate Options section of the IDEA Model) 20 points 4. 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 5. Writing and presentation of analysis 20 points At your option, you may use the IRAC method of legal analysis/writing to prepare your response. Total: 75 Points