Clouse v. East Stroudsburg Area School District

47 Pa. D. & C.3d 27, 1987 Pa. Dist. & Cnty. Dec. LEXIS 100
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedSeptember 30, 1987
Docketno. 1852 of 1987
StatusPublished

This text of 47 Pa. D. & C.3d 27 (Clouse v. East Stroudsburg Area School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clouse v. East Stroudsburg Area School District, 47 Pa. D. & C.3d 27, 1987 Pa. Dist. & Cnty. Dec. LEXIS 100 (Pa. Super. Ct. 1987).

Opinion

O’BRIEN, J.,

FINDINGS OF FACT

(1) Michael A. Clouse was born February 18, 1971, and is presently a member of the Junior Class [28]*28at East Stroudsburg High School, Monroe County, Pa.

(2) On March 11, 1987, Michael was found to be in the possession of a small amount of marijuana, to wit less than one ounce, at East Stroudsburg High School. As a consequence, he was suspended from school for a period of 10 days and a juvenile petition was filed with the Monroe County Common Pleas Court.

(3) On June 9, 1987, the juvenile division of this court entered an order placing Michael on probation for a period of six months and requiring 20 hours of community service, a drug and alcohol evaluation, and periodic urinalysis by the Monroe County Probation 'Department.

(4) Michael completed the school suspension imposed by defendant and has complied with all terms and conditions of his probation imposed by the court. .

(5) On the last day of the 1986-87 school year, to wit on or about June 12, 1987, Michael requested a sign-up card from head football coach Ed Christian but was advised by Christian that “it would be better if he didn’t play because he had a drug problem.”

(6) In the evening of the last day of school, Coach Christian advised Michael Clouse’s mother in a telephone conversation that her son had a drug problem and he would not play on the football team “no matter what.”

(7) Coach Christian did not investigate Michael’s alleged drug problem but relied solely on the March 11, 1987, incident which occurred at the high school.

(8) On or about June 24, 1987, John Lambert, superintendent of the East Stroudsburg Area School District, advised Michael’s mother that if negative urinalysis tests for drugs were provided to [29]*29the school, her son would be permitted to play football. On that same date, Michael’s mother contacted the Monroe County Probation Department and requested a drug test to be conducted.

(9) Following his June 24, 1987, conversation with Mrs. Clouse, Superintendent Lambert advised coach Christian and Athletic Director Jim Reynolds that school district policy permitted any student to try out for any sport.

(10) In the fall of 1986, Michael was a member of the varsity football team and a starting defensive back. In Coach Christian’s opinion, as a sophomore Michael was one of the three best defensive backs on the varsity football team.

(11) On August 11 and August 12, 1987, Michael appeared at the East Stroudsburg High School Stadium for the purpose of taking the necessary actions and securing the necessary documentation prior to the start of varsity football practice on August 17. Due to circumstances beyond Michael’s . control, this objective was not accomplished.

(12) On August . 19, 1987, the Monroe, County Probation Department provided defendant school district with a report that Michael had been tested for various illegal drugs, including marijuana, and found to be clean.

(13) On September 21, 1987, plaintiffs commenced this equity action which included a request for injunctive relief.

DISCUSSION

Plaintiffs’ brief relying upon the decision of the United States Supreme Court in Goss v. Lopez, 95 S.Ct. 729, (1975) and its progeny urges this court to grant injunctive relief to prevent irreparable harm to Michael from the action of defendant school district precluding him from participating in interscho[30]*30lastic football. In response, the school district relying upon Adamek v. Pennsylvania Interscholastic Athletic Association, 57 Pa. Commw. 261, 462 A.2d 1206 (1981), argues that participation in interscholastic athletics is not a property right protected by the United States Constitution, and therefore, this court has no right to intervene in school district decisions with respect thereto.

In view of the fact that the high school football season is now underway, the immediate issue to be determined by this court is whether or not a preliminary injunction should be granted to allow Michael to participate in the football program. In P.I.A.A. v. Geisinger, et al., 81 Pa.Commw. 421, 474 A.2d 62 (1984), our Commonwealth Court affirmed the action of the Luzerne County Common Pleas Court in granting a preliminary injunction to allow two student athletes to participate in interscholastic athletics during their senior year in high school. In that case, the Commonwealth Court set forth the following test to be applied by a court of common pleas in determining whether or not to grant a preliminary injunction:

“A preliminary injunction is properly granted if it is necessary to prevent immediate and irreparable harm which could not be compensated by damages, greater injury would result from refusing it than by granting it, and it will restore the. parties to the status quo existing prior to the defendant’s alleged wrongful conduct. In addition, plaintiff’s right to a preliminary injunction should be clear, (citations omitted). However, since a preliminary injunction is designed to presérve the status quo until the legality of the challenged action can be determined on the merits, one seeking a preliminary injunction is not required to establish his or her claim absolutely.”

[31]*31While the weight of authority supports the proposition that participation in interscholastic athletics is not a property right, there are factual circumstances in which such participation can become a property right. In Davis v. Central Dauphin School District, 466 F.Supp. 1259 (1979), Judge Muir of the United States District Court for the Middle District of Pennsylvania held that where a school district has a policy which affords all students the right to participate in interscholastic athletics, the issue of whether such a policy creates a property interest in a student athlete for such participation is a substantial federal question. In the instant case, the superintendent of defendant school district candidly testified that he had advised both the football coach and the athletic director that it was the policy of the school district to afford all students an opportunity to participate in any sport. Therefore, there is at issue in this proceeding a substantial question of whether or not Michael Clouse’s constitutional rights have been infringed by the actions of defendant school district. Counsel for defendant in his brief, cautions this court against interfering with the actions of a school board as proscribed in McCoy v. Lincoln Intermediate Unit, 38 Pa. Commw. 29, 391 A.2d 1119 (1978). We note that in this proceeding we are not dealing with the action of a school board but rather the action of a football coach apparently in contravention of the school district’s own policy. There is no question that the harm of denying Michael participation in this year’s football program is irreparable and cannot be compensated by damages awarded at some time in the future. Also it is clear that greater damage will result from refusing the request for injunctive relief than by granting it. All the elements which the Commonwealth Court found appropriate for the grant of a [32]*32preliminary injunction in

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Related

Goss v. Lopez
419 U.S. 565 (Supreme Court, 1975)
Adamek v. Pennsylvania InterschoLastic Athletic Ass'n
426 A.2d 1206 (Commonwealth Court of Pennsylvania, 1981)
Davis v. Central Dauphin School District School Board
466 F. Supp. 1259 (M.D. Pennsylvania, 1979)
Frick v. Maldonado
462 A.2d 1206 (Court of Appeals of Maryland, 1983)
McCoy v. Lincoln Intermediate Unit No. 12
391 A.2d 1119 (Commonwealth Court of Pennsylvania, 1978)
Pennsylvania Interscholastic Athletic Ass'n v. Geisinger
474 A.2d 62 (Commonwealth Court of Pennsylvania, 1984)

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Bluebook (online)
47 Pa. D. & C.3d 27, 1987 Pa. Dist. & Cnty. Dec. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clouse-v-east-stroudsburg-area-school-district-pactcomplmonroe-1987.