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Muda69

Former Fishers student's lawsuit says football coach's discipline was 'racially discriminatory'

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https://www.indystar.com/story/news/education/2018/10/11/fishers-high-school-football-coach-rick-wimmer-sued-former-student/1587882002/

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A former Fishers High School student is suing football coach Rick Wimmer and the school, saying they denied the teenager his civil rights and failed to protect him after a 2016 incident during class.

Jayden Bond and his mother, Joniece Brooks, said in a federal lawsuit that Wimmer, who also teaches physical education, "knowingly and intentionally touched Jayden Bond in a rude, insolent or angry manner" when he was late for class Sept. 13, 2016.

Wimmer then kicked Bond off the football team, according to the lawsuit.

The lawsuit, in the U.S. District for the Southern District of Indiana, said Wimmer's discipline was "racially discriminatory" against Bond, who is black. Wimmer is white.

A phone call to Wimmer on Wednesday was not returned. Hamilton Southeastern Schools, which the lawsuit also names as a defendant, released a statement Wednesday morning in response to the lawsuit.

"We are aware of a civil complaint regarding allegations from 2016 involving a teacher and a former student. The allegations were thoroughly investigated by HSE as well as law enforcement. We addressed the allegations. Law enforcement did not pursue any action. We are reviewing the civil complaint with legal counsel and do not plan to discuss the pending litigation outside of the court process."

....

"Rick Wimmer was a popular football coach," the lawsuit said. "And students blamed Jayden Bond for Rick Wimmer being placed on administrative leave; also, members of the student body began bullying Jayden Bond to show support for Rick Wimmer."

According to the lawsuit, Bond reported the bullying to the school but ultimately had to withdraw from the school "for his safety because the administration failed to take appropriate steps." Those steps were not specified in the lawsuit.

In the lawsuit, the family said the school deprived Bond of his constitutional right to equal protection and due process by subjecting Bond to Wimmer's "discriminatory" discipline, failing to protect him from subsequent bullying and by continuing to employ Wimmer.

The lawsuit lists 11 counts against Wimmer and the school, including assault and battery, violation of civil rights and negligent training, supervision and retention of an employee.

HSE did not address these allegations in its response Wednesday morning to IndyStar.

IndyStar has reached out to Bond and Brooks' attorney.

The lawsuit is seeking monetary damages and training for employees.

So a student can't be touched by a teacher anymore, especially if both are of different races?

 

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This is one of the major reasons I left the teaching/coaching profession this year and entered into the private sector.  I just couldn't take the constant fear and worry that I was saying something or doing something that "offends" someone to point of lawsuit.  Now I just go to work and punch time clock then go home.  No disciplining, correcting behavior, or politics.  Just working.  I am fine with that! 

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1 hour ago, Muda69 said:

https://www.indystar.com/story/news/education/2018/10/11/fishers-high-school-football-coach-rick-wimmer-sued-former-student/1587882002/

So a student can't be touched by a teacher anymore, especially if both are of different races?

 

Never touch a student- ever.

1 hour ago, Butter Bean said:

America is in a bad place in 2018.   

No it’s not. It’s not rocket science to follow the rule of “keep your hands off the kids”.

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I guess that’s my point.  I grew up when you could get paddled.  I think generations of American kids grew up ok under those rules.

I feel sorry for the “snowflakes” we’re raising.   

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3 minutes ago, Butter Bean said:

I guess that’s my point.  I grew up when you could get paddled.  I think generations of American kids grew up ok under those rules.

And that generation of kids who got paddled became the parents of the current generation that said that corporal punishment in schools wasn't acceptable. 

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4 minutes ago, DanteEstonia said:

And that generation of kids who got paddled became the parents of the current generation that said that corporal punishment in schools wasn't acceptable. 

:62_v:

5 minutes ago, DanteEstonia said:

And that generation of kids who got paddled became the parents of the current generation that said that corporal punishment in schools wasn't acceptable. 

Image result for mr perfect

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With that being said, I'm siding with Wimmer and HSE Schools. 

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Just FYI, the language used in the complaint, referencing touching “in a rude, insolent, or angry manner,” is the common law definition of the tort of “battery.”

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1 hour ago, DanteEstonia said:

Never touch a student- ever.

 

Hmm.  A friend of ours was a first grade teacher for 30+ years and she would frequently give her students hugs.  Our children, who we made sure were in her class, included. 

She told us when the "no-touching" directives started to come down from the administration she basically ignored it.  

  

54 minutes ago, DanteEstonia said:

And that generation of kids who got paddled became the parents of the current generation that said that corporal punishment in schools wasn't acceptable. 

Were you ever paddled in school?

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56 minutes ago, Butter Bean said:

I guess that’s my point.  I grew up when you could get paddled.  I think generations of American kids grew up ok under those rules.

I feel sorry for the “snowflakes” we’re raising.   

I grew up under that regime as well and, for the most part, folks were reasonable with the discipline aspects.  At the same time though, there were those who took license with that environment and did things that probably should have been ruled assault.  Even on the coaching side, I recall one year as a player a coach picking me up by the face mask and shaking me because a player on the field had missed a block ... yep, he wasn't even made at me per se, I just happened to be close by.   I recall, even in 4th grade wondering, "Why is it a fifteen yard penalty if I grab the runner and bring him down in a tackle by the facemask and my coach can just grab me, lift me up, and shake me on the sideline by the facemask?" 

 

 

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The coach is mean to me.....

I am going to quit!

I am going to sue!

I am going to ...................ruin him!

I will be famous!

I AM SPARTACUS!

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Long ago and in a different America, I too was grabbed by my face mask and yelled at.  I wasn't too crazy about it nut my dad loved it!! (Seriously)  That coach was invaluable to me and was a major influence on the direction I would take as an adult!  If I could do it again, I would want the same mean ol' coaches I grew up with! 

 

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I never got paddled.  Probably for two reasons.  I feared the paddle.  But more than that I didn’t want to disappoint my parents by getting in trouble at school.   I’m not sure that sentiment is prevalent today in children in our society.   

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18 minutes ago, Butter Bean said:

I never got paddled.  Probably for two reasons.  I feared the paddle.  But more than that I didn’t want to disappoint my parents by getting in trouble at school.   I’m not sure that sentiment is prevalent today in children in our society.   

No chance that sentiment is relevant today. I'm too young for the paddle era, but old enough that the trouble you got in at school was just the beginning of your worries. There was times where I wished I could have just stayed at school.

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Teachers hug and some have the cool handshake with them as well. How about teaching technique? Especially in wrestling, you’re going to touch a student. 

 

Id be interested to see how the student was touched. 

 

Did he physically grab the student and throw him to the ground? Did he barely touch the students shoulders?

 

battery can be unwanted touching. Which is ridiculous. 

What was the reason the student was kicked off the team? Was it over one incident?

Questions remain...

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34 minutes ago, Butter Bean said:

I never got paddled.  Probably for two reasons.  I feared the paddle.  But more than that I didn’t want to disappoint my parents by getting in trouble at school.   I’m not sure that sentiment is prevalent today in children in our society.   

I got paddled twice during my elementary school years.  Also way back then the school apparently didn't have to call the parents to tell them a paddling had occurred.   And since I wasn't going to tell them they didn't find out until I was well into my 20's.........................

24 minutes ago, Footballking16 said:

No chance that sentiment is relevant today. I'm too young for the paddle era, but old enough that the trouble you got in at school was just the beginning of your worries. There was times where I wished I could have just stayed at school.

Being struck with a switch on bare skin hurts a lot more than a paddle...........

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44 minutes ago, Blue Racer said:

Long ago and in a different America, I too was grabbed by my face mask and yelled at.  I wasn't too crazy about it nut my dad loved it!! (Seriously)  That coach was invaluable to me and was a major influence on the direction I would take as an adult!  If I could do it again, I would want the same mean ol' coaches I grew up with! 

 

The coached that grabbed me was a guy who coached for a single year and wasn't very good at football, mentoring, leading, or much of anything ... made a lasting impression on me though and is a prime model for what I don't want to be as a coach.   Had plenty of tough coaches in my day ... plenty of tough teachers as well.   Been yelled at and had my manhood questioned on a sideline too.  I think the players and parents that I coach can attest that I'm not soft on the players by any stretch. I like to believe that I'm somewhere between participation trophies and that coach that I had. 

41 minutes ago, Butter Bean said:

I never got paddled.  Probably for two reasons.  I feared the paddle.  But more than that I didn’t want to disappoint my parents by getting in trouble at school.   I’m not sure that sentiment is prevalent today in children in our society.   

28 minutes ago, Footballking16 said:

No chance that sentiment is relevant today. I'm too young for the paddle era, but old enough that the trouble you got in at school was just the beginning of your worries. There was times where I wished I could have just stayed at school.

I'm right there with you.  The punishment at school was the least of my concerns.

Edited by foxbat

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2 hours ago, DanteEstonia said:

Never touch a student- ever.

No it’s not. It’s not rocket science to follow the rule of “keep your hands off the kids”.

Not taking either side but in the case of a FOOTBALL coach, wouldn't this be difficult to follow through upon?  Especially during drills, practice, etc...

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https://usatodayhss.com/2016/fishers-coach-rick-wimmer-placed-on-administrative-leave

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“During the interviews, detectives learned this incident began when the student arrived late for a class,” according to the report. “The teacher instructed the student to proceed to the back of the class, at which time the student verbally disagreed and refused to move. In attempt to direct the student to the back of the room, the teacher placed his hands on the student’s shoulder and upper chest. The student immediately reacted and the teacher removed his hands. Both parties estimated the entire incident lasted approximately five seconds. The teacher and student then walked down to the Dean’s Office where school officials and the student’s mother were notified.”

 

I support Coach Wimmer 

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1 hour ago, COACHMARTIN said:

The coach is mean to me.....

I am going to quit!

I am going to sue!

I am going to ...................ruin him!

I will be famous!

I AM SPARTACUS!

THIS!!!

1 hour ago, navy80 said:

Teachers hug and some have the cool handshake with them as well. How about teaching technique? Especially in wrestling, you’re going to touch a student. 

 

Id be interested to see how the student was touched. 

 

Did he physically grab the student and throw him to the ground? Did he barely touch the students shoulders?

 

battery can be unwanted touching. Which is ridiculous. 

What was the reason the student was kicked off the team? Was it over one incident?

Questions remain...

Leave it to the lawyers...they will figure out a way.....calling Jackie Chiles.

30 minutes ago, Coach Nowlin said:

Eric-

Enough with the facts.  Geeze.

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we also have a lot of trash parents today who are looking to exploit people and use a victim card for a payday.

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This generation can’t even start a lawnmower and they eat Tide pods!  I guarantee you that they are doing way more harm to themselves than any coach could ever do!  JMO

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