If you are a head coach, the District must provide you a hearing prior to terminating your contract during the coaching season. Once the season is completed, the District may elect for the following year without providing any prior notice or a hearing.

For assistant coaches, there is no procedural protections from termination.

"If I am a teacher as well as a coach, do the statutory protections for teachers apply?"

No. Also, the District could elect to terminate your coaching contract even though you continue to be employed as a teacher.

"What grounds does the District need to terminate my contract during the season?"

If you are a head coach, the law provides that the School Board may terminate your contract or not "as it sees fit, for any reason which is found to be true." after the hearing.

"What are the hearing procedures that the District must follow.?"

The District must give the coach written notice of its intent to terminate the coaching contract and must state its reasons for the proposed termination. The coach has normally 14 days after receipt of the notice to request a hearing. This request must be in writing. If the coach requests a hearing, the Board must hold the hearing within 25 days. The board hires a hearing officer to conduct the hearing.

Both the School Board and the coach may examine and cross-examine witnesses and present arguments. The Board goes first, presenting its evidence to support the reasons stated as support for the termination. The coach then has an opportunity to present evidence rebutting these allegations.

The hearing officer issues a recommended decision to the School Board. The Board could either accept or reject the decision. If the Board rejects the recommendation, its decision must be based on substantial evidence in record. The coach does not have the right to a hearing before a neutral arbitrator. Within ten days of the hearing, the Board must issue a written decision regarding the termination. If it elects to terminate the coach's contract, the Board's decision must state the reason on which it is based and include specific findings of fact.

"Can I testify at the hearing? Can I subpoena students, staff, and parents to testify on my behalf?"

Yes. The law provides that the clerk of the School Board must issue subpoenas upon request for witnesses or for production of documents pertinent to the case. All witnesses are sworn upon oath and the School Board must employ a court reporter to record the proceedings.

"Do these rights apply regardless of whether I am probationary?"

No. These procedural protections do not apply to termination of a head coach's duties prior to completion of the probationary period of employment.

"Can I appeal the decision if the Board decides to terminate me?"

Yes, however, appeal of the Board's decision (to the Court of Appeals) is very limited. In most cases, we cannot successfully challenge except under a theory that the Board's decision was not supported by substantial evidence in the record.

"Is there any way for coaches to get additional rights?"

Your local Union could attempt to negotiate additional procedural protection for coaches as part of the collective bargaining agreement between the District and the Teacher's Union. These might include extending a right to a hearing for all coaches, or providing that coaches could not be terminated at any time without a hearing.

"What should I do if my District is investigating allegations against me?"

If you are a member of the Teacher's Union, contact the Union before you meet with anyone from the District to discuss the allegations. The Union can assist you in the investigatory process and assure that you are treated appropriately by the School District.

"What can I do if students or parents are making despairing comments about me as a coach.?"

As a initial step, first consider talking to the offending party. Alternatively, consider having someone else within the District talk to them.

Under most state's laws, public school teachers and coaches are public officials for purposes of defamation actions. This means that the coach bringing a defamation action must show actual malice - that the individual knew the statement was false when it was made or that it was made with reckless disregard for the truth. This is a difficult standard to meet. It is important to remember that a true statement, no matter how disparagingly made, is not actionable as defamation.

"Knowing all of this, why would I ever want to be a coach?"

Remember coaching is about teaching and helping kids. That's what it all about! We live in a time where our every action is more scruntinized than at any other time. We as coaches, must be more prudent than ever before in being professional in every sense of the word. You must know what is expected of you by your school district.

We coach because we have a very special gift to give to young people in our schools and in our clubs, and now more than ever our young people need us as role models of character and integrity.