Legal Question in Entertainment Law in Pennsylvania
Board Members ruling
We have a sports non-profit Org.One of the children(child #1) struck another twice in the face and then was hit back once by child #2. The rules state that stiking another team member is automatic dismal from the team, so child #1 was dismissed.Our board members got together to decide what to do about child #2 since she struck back in self-defence. The board ruled that no-violence is the policy but agreed she had to defend herself and only suspended child #2 one competition. Child #1's mother has since threatened a coach(physical) and is threatening to sue claiming favoritism. Should the board have given the same punishment to each child to be ''fair''?. Or were we within our rights to call a meeting since there was extenuating circumstances with the parent of child #1 threatening a coach and the matter of self-defence? Also one of the board members wants to change the decision already handed down to make it ''fair''. Is changing a decision without an appeal legal?
Thank you
1 Answer from Attorneys
Re: Board Members ruling
It depends.
Changing a ruling to make it "fair" seems terribly unfair, and I think, wuold be a horrible precedent and lesson for the parties involved, especially the children.
The analysis should examine whether the the board has a strict zero tolerance dicta enforced on it, by charter or bylaw, or whether the board has discretion in its action. I do not believe zero tolerance is a good policy specifically for the reasons the board reached the conclusion it did. Zero tolerance only appears fair but isn't necessarily so. I think theboard can meet as often as it would like to discuss issues, but should not change it's ruling based on the beligerant actions or threats of an aggrieved person. If that means that this person will sue, so be it. I know I wouldn't take the case without examining both sides.
In the final analysis I would have to have more facts before I could give a definitive opinion on this. The beligerence of the aggrieved parent notwithstanding.
I would be happy to consult on this matter or any other legal matter that the board requires. If you or any other member of the board has questions in this area or any other legal matter I would be happy for the referral.
Regards,
Roger Traversa
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