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Bobref

Booster 2023-24
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Posts posted by Bobref

  1. Another interesting intersection of the "new normal" and so-called religious freedom. Predictions on how this will turn out?

    https://www.theindianalawyer.com/articles/50624-lawsuit-schools-transgender-policy-violated-teachers-religious-beliefs

    A Brownsburg music teacher who claims he lost his job because he refused to address transgender students by the first names of their choice has filed a federal lawsuit against the Brownsburg Community School Corporation for violating his First Amendment religious freedom and free speech rights.

    John Kluge was hired as a music and orchestra teacher by the school corporation in August 2014. He says he met all the school’s performance expectations and received positive evaluations but was wrongly terminated in May 2018 after he refused to go against his sincerely held religious beliefs and abide by the school’s transgender policy.

    The lawsuit, filed Wednesday on Kluge’s behalf by the Indiana Family Institute, claims the school corporation violated Kluge’s free exercise of religion and freedom of speech under the First Amendment as well as his right to due process and equal protection under the 14th Amendment.

    In addition, the lawsuit asserts Kluge’s right to free exercise of religion under the Indiana Constitution was also violated.

    “Defendants’ transgender policies and related practices do not serve any government interests of sufficient magnitude to override Kluge’s right to live according to the dictates of his faith and according to his own conscience,” the complaint states.  

    Kluge is seeking an injunction prohibiting Brownsburg schools from enforcing the policies and practices that violate employees’ religious beliefs. He is also asking for back pay and the value of benefits along with compensatory and punitive damages.

    According to the 25-page complaint, BCSC changed its policy in early 2017, allowing transgender students to use the bathroom of their choice while teachers were instructed to use the transgender students’ preferred names.

    Kluge describes himself as a “professing evangelical Christian” who strives to live daily by his faith. He believes God created mankind as either male or female and that gender is fixed from the moment of conception and cannot be changed regardless of an individual’s feelings or desires.

    The complaint states BCSC superintendent James Snapp told Kluge to use the transgender names or lose his job. Kluge was then accused of misconduct and suspended.

    In July of 2017, Kluge reached an agreement with Snapp where his religious beliefs would be accommodated by allowing him to address all the students by their last names only. However, at the end of 2017, the school principal, Bret Daghe, told Kluge he should resign because the accommodation was creating tension. In February 2018, the religious accommodation was withdrawn, the lawsuit says, because the school claimed the students were offended at the use of last names.

    Kluge explained to the school that he believes “encouraging students to present themselves as the opposite sex by calling them an opposite-sex first name is sinful.” In the complaint, he asserts the school corporation could not identify any undue hardship caused by the accommodation but “simply desired to promote and accommodate transgender beliefs over sincerely-held religious beliefs.”

    After submitting his resignation at the end of April 2018, Kluge tried to rescind it but the school ignored the rescission and accepted the resignation. Immediately, Kluge was locked out of the school buildings and the school’s intranet, and his job was posted as vacant.

    “The Defendants’ removal of the successful ‘last-names only’ accommodation based on the complaints of students — who suspected he was using last names to avoid transgender names, and wanted Kluge to capitulate — does not amount to undue hardship, but is an impermissible ‘heckler’s veto,’” the complaint states.

     The lawsuit, John M. Kluge v. Brownsburg Community School Corporation, et al., 1:19-cv-2462, was filed in the U.S. District Court for the Southern District of Indiana.

    Indianapolis attorneys Michael Cork, Roscoe Stovall, Jr., and Kevin Green are representing Kluge. Brownsburg schools have not yet replied to the suit.

  2. The plot thickens.

    https://www.theindianalawyer.com/articles/50733-judicial-qualifications-commission-moves-to-suspend-judge-charged-in-indianapolis-shooting?utm_source=breaking-news&utm_medium=newsletter&utm_campaign=2019-06-28

     

    The Indiana Commission on Judicial Qualifications has filed a motion to suspend Clark Circuit Judge Andrew Adams with pay following his Friday indictment on charges related to a downtown Indianapolis shooting he was involved in earlier this year.

    The commission filed a Notice of Criminal Charges and Request for Suspension seeking Adams’ suspension immediately upon learning of the felony indictment, the Indiana Supreme Court announced Friday.

    The request asks that Adams be suspended with pay from his position as judge of Clark Circuit Court 1 pending further order of the court or a final determination of any disciplinary proceeding that may result from the criminal charges.

    Adams was charged with seven offenses related to the May 1 shooting of him and fellow Clark Circuit Judge Bradley Jacobs. The charges against Adams include two counts of Level 6 felony battery resulting in moderate bodily injury; two counts of Class A misdemeanor battery resulting in bodily injury; two counts of Class B misdemeanor battery; and one count of Class B misdemeanor disorderly conduct by engaging in fighting or tumultuous conduct.

    The charges come almost two months after the judges were shot in the early morning hours of May 1 outside a White Castle restaurant near downtown Indianapolis. The judges were in town to attend the Spring Judicial Conference.

    Indiana Admission and Discipline Rule 25(V)(A) provides that, “A judicial officer shall be suspended with pay by the Supreme Court without the necessity of action by the Commission upon the filing of an indictment or information charging the judicial officer in any court in the United States with a crime punishable as a felony under the laws of Indiana or the United States.”

    The Indiana Supreme Court has appointed judges pro tempore to hear cases in Clark Circuit 1 and Clark Circuit 2, where Adams and Jacobs preside. The appointed judges are still on the bench.

    Prior to Friday, Adams had never been the subject of an attorney or judicial disciplinary action, according to the Indiana Roll of Attorneys.

    Also charged Friday were Indianapolis residents Brandon Kaiser and Alfredo Vazquez. Jacobs was not charged in connection with the shooting. 

  3. 38 minutes ago, slice60 said:

    New Pal is right where they should be. Winner of Cathedral / Decatur Central will be a challenging Regional matchup. I don't know the far south very well but Castle is a possible Semistate opponent. And 6A battle-tested Valpo could be the representative from the north.

    If you're saying that New Pal (enrollment 1,175) should choose to join the 6A tournament in order to face schools with 3, 4 & 5 times their enrollment just to challenge themselves, then you're just being silly.

    But the Dragons may earn the 6+ points to get all the way up there in 2 years, just like Columbus East did.

    I’m not criticizing New Pal for not playing up a class, regardless of their record in their current class. The success factor is the designated solution for teams that regularly play well above their classification. So, you play in your designated class and, if you overwhelm the competition consistently, the success factor takes care of that. Cathedral is where they are supposed to be, according to the IHSAA classification system, as modified by the success factor. They cannot, IMO, legitimately be criticized for that.

    • Like 2
  4. 5 hours ago, CaptainHook said:

    Didn’t we cover this? As I’ve already noted, they can’t change their conference. It is a great fit for every other sport. So they’ve beefed up their non-conference. 

    As I’ve already said, Cathedral plays a fantastic schedule. Probably just as tough as a 6A MIC schedule. Surely you understand that is easier to do as an independent??

    Of course it is. The conclusion, then, is that the only way New Pal can challenge themselves is to play up a class in the tourney. Why won’t they? 

  5. 1 hour ago, CaptainHook said:

    I love that your argument has fallen apart so badly you are only left with semantics and my choice of dictionary.

    It’s worth noting - getting back to the actual topic of this thread - that Cathedral regularly punches above its weight class all season long. What’s New Pal’s conference record in the last 6 seasons. I think they.ve lost 2 games at most during that time. Who is.going after “easy” trophies?

  6. 7 hours ago, CaptainHook said:

    You also need to look up the definition of parochial.

    So, although it was unnecessary, I looked it up. In the context of high school education, “parochial” means a school that is tied to certain parishes. Cathedral is not. If you’ll PM me your address, I’ll send you a dictionary.

    pa·ro·chi·al
    /pəˈrōkēəl/
    adjective
    1. relating to a church parish.
      "the parochial church council"
       
       
  7. 40 minutes ago, CaptainHook said:

    Mishawaka was in 5A and elected to stay, when they could have dropped to 4A.

    And you are missing the difference between a parochial school vs a public school that operate under totally different circumstance.

    And how is 5A not competive for them? They failed to win a sectional half the time they have been in 5A?

    The numbers don’t lie.

    Your anti-private - Cathedral is a private school, not parochial - bias is showing. The IHSAA’s “success factor” treats publics and privates alike. You should, too.

  8. 2 hours ago, CaptainHook said:

    Wrong.

    Again, I clarified that I was referring to the Tournament Success Factor Era. Only one school has elected to not move down when they had the chance.  No one has elected to play up.  New Palestine has played in 5A for four years (not six) due to TSF, and will for at least two more.  In their four years in 5A, they have lost a state championship, won a state championship, and lost in their sectional twice.  As a public school with a enrollment less than 1200, that puts them in the middle third of 4A football.  If they were eligible to move down, I would advocate that they stay up, if they've been competitive in that arena.  But tournament success factor takes care of that. 

    Cathedral operates under a different set of rules than a public school.  New Palestines roster in 2019 had 53 kids.  Cathedral had over 90.  Their schedule suggests they belong in a higher class.  If you can't see that, not sure that I can help you or your sauce.  I'm glad to see Cathedral stay in 5A for this cycle.  It's the minimum for where they belong in the tournament.

    I’m not suggesting that Cathedral should or should not elect to play up. Only that there are comparable situations. New Pal’s record over the past 6 years - a time span of several cycles of kids - strongly suggesting 5A is no longer competitive for them. The results are what matters, not how many kids they have out, or potential D-1s, or anything else. They could elect to play up. They haven’t. The only explanation is they like competing at that level.  If Cathedral should be condemned for not electing to play up when they are clearly better than their class competition, New Pal should suffer the same fate.

  9. On 6/14/2019 at 2:51 PM, CaptainHook said:

     

    Not sure you can do that.  You can elect to stay in a class, but not elect to play up.  Maybe you can, but nobody has ever done it.

    Wrong on both counts. Scecina or Ritter, can’t remember which, played up for several seasons before the “success factor.” Cathedral is routinely castigated for not electing to “play up.” Heck, that’s what you’re doing! I just think it ought to work both ways. New Pal’s conference won’t change, but their tournament schedule would, if they elect to play up, maybe they won’t go 20-4 in the tournament, like they have in the past 6 seasons. Sauce for the goose is sauce for the gander. If you criticize Cathedral for not electing to “play up,” the same criticism applies to New Pal.

    On 6/14/2019 at 8:59 AM, slicer28 said:

    Bob, do you think that IHSAA should apply the revised Rule 2-5d to the classifications for Fall sports starting in the 2019-2020 school year as they have done for winter and spring sports?

    No opinion. Don’t care.

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