Former coach sues Dearborn schools over religion

[Bozita]

Source: AP

Tuesday, July 28, 2009
Former coach sues Dearborn schools over religion
Ed White / Associated Press


Detroit -- A hall of fame wrestling coach filed a federal lawsuit Monday accusing a Detroit suburban school district and its principal of firing him because of his Christian beliefs.

Gerald Marszalek, 64, said his troubles began in 2005 when a Protestant minister lost his job as a volunteer assistant coach after he introduced Muslim students to Christianity. The discussions took place during a private off-campus wrestling camp for the Fordson High School's team.

Marszalek said he was ordered by principal Imad Fadlallah to keep the Rev. Trey Hancock away from the Dearborn school. The lawsuit said that was impossible: The minister's son was a star wrestler at the school.

Marszalek, who also is Christian, said his contract wasn't renewed in 2008 because of his religious beliefs and his association with Hancock. Dearborn has a large Muslim population, and Fadlallah is described in the lawsuit as a devout Muslim.

Read more: http://www.detnews.com/article/20090728/METRO/907280400/1026/LOCAL/Former-coach-sues-Dearborn-schools-over-religion

---

The Detroit Free Press says the coach is being represented by the Thomas More Law Center, another fundy creation of Tom Monaghan.

http://www.freep.com/article/20090727/NEWS02/90727077/1004/Christian-coach-files-suit-against-Dearborn-schools

Do not miss the comments below the Free Press piece. Some of 'em are unfuckingbelievable!

[sakabatou]

1. Cry me a river, fundy...

:nopity:

[Lost-in-FL]

2. ...

:nopity:

[MineralMan]

3. Poor baby. He can't tell the Muslim kids that Jesus

is the way and that Islam is the Devil's tool. Whatever will he do? Waaaaah!

[ccharles000]

4. k/r

[rd_kent]

5. Boo f-ing Hoo

"Gerald Marszalek, 64, said his troubles began in 2005 when a Protestant minister lost his job as a volunteer assistant coach after he introduced Muslim students to Christianity."

They don't see a problem with this? What if it had been a xtian "introducing" students to Islam? They would have FLIPPED OUT!

[WriteDown]

6. Does anyone actually read the article?

"Marszalek said he was ordered by principal Imad Fadlallah to keep the Rev. Trey Hancock away from the Dearborn school. The lawsuit said that was impossible: The minister's son was a star wrestler at the school."

Yeah, that would be kind of tough.

[sybylla]

7. Heresay.

What Marszalek said may not be what, exactly, he was told. My guess is that, in truth, Hancock was to simply be a parent of a student/wrestler. No volunteer coaching services allowed nor could he act or be treated as anyone providing such. But, again, the article doesn't provide that information.

Why should journalists do investigative journalism when half the facts are more than salacious enough to sell a paper?


edited - to provide the quote from the article on the school's statement.

In October 2005, Fadlallah ordered Hancock to stop volunteering with Fordson athletics. He accused the minister of using his ties to the school to illegally promote religion, according to the suit.

[WriteDown]

13. Good points..

Definitely need a lot more info.

[spiritual_gunfighter]

10. Yes I read the article

The principal alleged that Hancock was prosthetising his religion to a predominately Muslim school body. He told the coach to keep the minister away from his athletes based on that. So what if his son was a "star wrestler" on the team. He shouldn't have been prosthetising and he should have known that was wrong. Yet another case of a Christian getting up on his cross and claiming to be a martyr. The principal also contends that this had no bearing on why he was fired. The point was made in a previous thread that if an Iman was prosthetising Islam to a Christian student body we would never hear the end of it and it would be just as wrong. Cry me a fucking river.

[WriteDown]

11. So should he be prevented from coaching...

or prohibited from school grounds all together?

[No Elephants]

24. If the minister abused his position as a volunteer coach, telling him he cannot

coach any longer seems perfectly appropriate. A public school can be sued up the wazoo for having someone in an official position like assistant coach preaching Christianity. It's no mystery that is illegal in this country. The minister knew better. And we don't know if he was specifically warned before being asked to stop volunteering as assistant coach.

As far as prohbiting him from school grounds, you've been answered on that already. We don't know if that happened. Or if it had anything to do with this guy's firing.

[WriteDown]

27. I am curious what...

"introducing to Christianity" entails. I am also curious if Fadlallah is promoting Islam. Who knows?

The trial is going to be VERY interesting.


This also has me scratching my head.

"I would like to keep this matter under strict confidentiality," the principal wrote to Hancock shortly after the camp. "If this issue is leaked to the community, I cannot stop the adverse reaction that it will cause."

[No Elephants]

40. I raised similar issues in other posts on this thread as to Islam. However, Marzalek's suit

does not seem to allege that the principal was mistaken about the reigious activities of the volunteer coach, nor does it allege that the principal promoted Islam.

My guess is that, if either was so, it would be alleged in the suit as either allegation could only help Marzalek. So, there's less than zero basis even to speculate on those two items.

Why does that quote have you scratching your head? Can you imagine a neo theo community learning that someone its public school had been trying to convert Christian students to Islam (or New Age, or an Orthodox Jewish community learning that someone its public school had been trying to convert Orthodox Jews to Reconstructionist Judaism, or to Christianity or to Islam?

[WriteDown]

42. A lot needs to be learned....

Does "introducing to Christrianity" mean sitting kids down and talking about why Christianity is better than Islam or does it involve saying "Merry Christmas" to a few kids.

The Trial is going to be interesting.

I still would not be "afraid" of the reaction. Sounds almost like a threat to me.

[Romulox]

14. Hancock isn't the one suing--Gerald Marszalek is... nt

[spiritual_gunfighter]

15. True

The defense of Hancock by Marzalek is the supposed reason according to Marzalek that he was dismissed. Discrimination based on religion is the grounds for the lawsuit so they are linked.

[Romulox]

16. That begins to sound a lot like discrimination on the basis of religious association...

:shrug:

[spiritual_gunfighter]

36. According to the school

discrimination on the basis of religion had nothing to do with his dismissal. We really don't know the grounds for his dismissal, it could have been something totally unrelated.

[Romulox]

45. Generally, the onus will shift to the school to demonstrate a non-discriminatory motive

for the termination. So they'll have to come up with something to put in their answer, and soon.

[sybylla]

55. I'm not sure that's true in an "at will" state

The article mentions that the coach was hired "at will." An employee hired "at will" can quit or be fired "at will" for any or no reason at all. No reciprocal relationship exists in which cause must be demonstrated. Hence, there is no requirement for the school to produce a reason for non-renewal of a seasonal employee.

Seems to me that puts the onus squarely on the plaintiff - but I'm no lawyer. I just live in an "at will" state and know that means an employee is pretty much powerless in employment situations because of it.

[Romulox]

56. "At will" means that an employee may be fired for any "legitimate" reason

The famous phrase is that an at will employee may be fired for "a good reason, a bad reason, or no reason at all."

However, despite the seemingly broad scope of at will employment, it does not excuse employers from complying with Federal and state anti-discrimination law. Therefore, an employee may not be fired for a racially discriminatory reason, for example, despite her status as an at will employee.

As for the burden of proof in these cases, the plaintiff only needs to state a "prima facie" case (that is, he must make a complaint that supports all the basic elements of a religious discrimination complaint under Federal and/or Michigan law.) Thereafter, the burden shifts to the school to state a non-discriminatory reason for the termination.

So, as you can see, Federal and State anti-discrimination laws (the Civil Rights Act of 1964 and its Michigan equivalent) significantly modify the power of employers under at will regimes--employers cannot simply rely on "at will" status to shield themselves from claims of discrimination on the basis of race, gender, national origin, or religion (plus weight, under Michigan law.) This is precisely as was intended.

[sybylla]

60. But fired is also different from "non-renewed."

IIRC, the article states that (coaching being a seasonal job) this particular coach is not going to be re-hired in the fall. Whether there have been employment agreements/contracts in the past, it appears they are at the end of a contract and are simply not going to hire him back.

Still, you may be right. Government entities have a whole different burden than corporations. My bet is that "cause" for firing this guy is that he didn't fulfill the requirements that he stop the fundie from acting as his assistant coach. There are too many coaches out there that put winning uber alles and fuck the rules. This coach's comments and excuses scream it.

[Romulox]

63. The standard is "adverse employment action", and is not limited to strict termination

[spiritual_gunfighter]

57. Just because they havent shared that with the public

or a reporter doesn't mean they dont have one.

[No Elephants]

26. The school said tha had nothing to do with it. Are we assuming that the school

lies outright, but Marzalek tells the truth, the whole truth and nothing but the truth? If so, why are we assuming that?

[nbcouch]

23. The word you want

is "proselytizing."

[spiritual_gunfighter]

37. Thank you it is

I have always had a soft spot for spelling nazis.

edited for spelling.

[QC]

61. He's fitting the students with artificial limbs?

Wouldn't that be considered a charitable thing to do? (Unless, of course, they are not amputees, but what would be the point of that?)

[Lydia Leftcoast]

8. Most of those fundies who try to convert Muslims don't even realize

that "Allah" is just the Arabic word for "God" (Arab Christians--such as Syrian Orthodox and Lebanese Maronites--call God "Allah") and that Muslims are strict monotheists and therefore think of themselves as worshiping the same God that Christians and Jews do.

Besides, it is not a coach's job to advise team members on religion. As someone upthread pointed out, Christian parents (especially fundies, but liberal ones, too) would be rightfully upset if a coach tried to convert his or her team members to another religion. It's really none of the coach's business.

[No Elephants]

29. I used the translation argument to say it was the same God and I was

corrected.

According to the people who corrected me, Muslims believe that Jews and Christians got it wrong. So, the God Muslims worship is NOT the God of Abraham, as Jews and Christians know him, not from the Muslim perspective and not from the Christian or Jewish perspective. Or, so I was told. I have never studied Islam or read the Koran.

[elehhhhna]

43. is it a coincidence that all major religions today agree that there's only

"ONE GOD" and that it's a guy?

Sheesh.

[Lydia Leftcoast]

53. Not necessarily "a guy"

The more advanced thinkers in all religions have always thought that God is beyond gender. However, the Hebrew and Arabic languages have only masculine and feminine genders, so that's how their scriptures were written.

[Odin2005]

54. The Hebrew word "Elohim" is cognate with "Allah", correct?

[valerief]

9. Good for the school! nt

[Romulox]

12. Read more closely: the person who is suing is not the person who was proselytizing. nt

[No Elephants]

20. But, he was the one allowing his volunteer assistant coach to attempt to convert the students.

As an aside, how can a volunteer lose his job? A volunteer position is, by definition, not a job to begin with.

The administration said the volunteer had nothing to do with the firing of the coach, though.

I always tell my Christian friends who want prayer back in schools that the prayer may not be the one they assume. Once you open the door, you open the door.

That said, I would not be surprised if the school is not an especially comfortable place for non-Muslim students. And, in my experience, Muslims can be as aggressive about prostelyzing as Christians, if not more so.

Interesting: Just tried to look up the school online. The "About Fordham High School" web page is being revised. I wonder what it said a couple of months ago.

[Bozita]

25. Fordson High, not Fordham. Here's the link ...

http://fhs.dearbornschools.org/

[No Elephants]

38. I typed wrong, but I was at the right site, Fordson. Did you check the "About FHS" page?

[Bozita]

58. Nothing there - "Sorry, this page being revised. Check back later."

Is that what you found?


Fordson High School > About FHS
About FHS
Sorry, this page being revised. Check back later.

[Romulox]

46. There is no such allegation in any of the stories I've read...

Do you have another source for "allowing his volunteer assistant coach to attempt to convert the students"?

[fascisthunter]

17. fundies need to stop pretending they are victims

we know what they are up to... it's about them forcing their religious views down our throats, and using any means necessary to chip away at Seperation of Church and State.

[Romulox]

19. Again: the person suing isn't accused of proselytizing.

:hi:

[Malikshah]

22. Again--- his associations place his students/athletes in a vulnerable position

He can get over his fundy self.

[WriteDown]

28. Yeah....

Its like people that know gays. They need to be removed from teaching positions. They may promote gay lifestyles.

Guilt by association?!?!?!?

[No Elephants]

30. Nothing like it. You can't preach or teach people in and out of heterosexuality.

[WriteDown]

32. So it's not a choice?

It's genetic?

How about people that are minister's sons or daughters or just friends with ministers. They probably shouldn't be allowed to teach.

[No Elephants]

33. Are you implying that homosexuality IS a choice? If so, got a credible source for that?

Your new example is even more off base than your homosexuality example. You probably should have quit digging.

BTW, I am not the one who posted that this guy did not get his contract renewed because of his associations. For all I know, his contract was not renewed due to ageism, or because he was no longer able to coach satisfactorily, or because they wanted to do him out of his pension, or whatever, including that he was prostelyzing himself.

We have only one side of the story, except for a terse statement by the principal. However, I do find it hard to believe that a guy who was asked not to coach anymore in 2005 is the sole reason this guy's contract did not get renewed in 2009.

[WriteDown]

34. Not implying anything...

I've seen no definitive evidence either way so it doesn't matter.

I agree. I'm just waiting for more to come out during the trial.

[No Elephants]

35. Right. That's why kids commit suicide rather than simply switching orientations.

BTW, I disagree that you were not trying to imply anything, but it's off topic anyway.

[WriteDown]

39. Still no empirical evidence..

I tend to think its genetic too, but until its proven we'll just have to wait.

[No Elephants]

41. LOL.

[Malikshah]

49. What an absurd analogy

Stop trying to derail and obfuscate
The coach is in a position of authority

It is much more like officers in the military abusing their position

[WriteDown]

50. What exactly did the coach do?

So wrestling coaches have more authority than teachers?

[Romulox]

47. You can't fire someone for his religious associations.

Well, you can, but you will be liable under both Federal and Michigan Civil Rights law.

[MindPilot]

18. "Some of 'em are unfuckingbelievable!" Got that right!

Disacraphole wrote:

Replying to Heritage:

"Congress shall make no law respecting an establishment of religion." Our nation itself is secular, and its people are free to practice their religion freely, as long as it does not negatively impact others.

The ACLU has gotten involved with a number of cases over the years to protect the rights of Christians, Jews, and people of other religions, and I believe it will do so in this case.


LOL! The ACLU is the most anti-Christian and most liberal group in this country. They'll defend the arab.
07/28

[onager]

59. Not true. The ACLU frequently defends Xians.

Here's just one case (of many). This one happened in Little Axe, OK.

Ironically, one of the defendants in this case didn't want to contact the ACLU because she thought they only defended "atheists and Communists:"

After contacting the ACLU and filing a lawsuit, Bell and McCord became the subjects of hatred and even violence. Bell's house was burned down by a firebomb. McCord's 12-year-old son's prize goats were slashed and mutilated with a knife. Bell was assaulted by a school cafeteria worker who smashed her head repeatedly against a car door. (School authorities praised the cafeteria worker, and she was forced to pay a $10 fine and Bell's hospital bills, community residents raised donations on the assailant's behalf.) McCord and Bell were both mailed their own obituaries.

Don't make assumptions though: McCord and Bell were not atheists, although they were accused of being atheists. They just belonged to Christian churches that weren't part of the dominant Baptist sect in the area.

http://scienceblogs.com/pharyngula/2008/11/little_axe_oklahoma.php

[nbcouch]

21. This is the common argument

these days, and it has to be stopped dead in its tracks - that free exercise of religious belief includes using taxpayer-funded institutions like the public schools to promote your beliefs. If this argument ever gains any traction at all, then the Constitutional separation of church and state is severely undermined, and we will all pay the price in the long run.

This "devout Muslim" principal was trying to keep the evangelizers/outlaws out of his school, as he properly should do. After well over 200 years, we still have to fight this battle ... I suppose we always will.

[No Elephants]

31. Well, we don't know that he was keeping all evangelizers out of his school. We know only

that he dismissed this volunteer assistant coach and did not renew Marzalek's contract.

Also, we are getting only one side of the story, for the most part, as the principal did not comment much.


"Dearborn Public Schools also declined to comment. John Artis, who was superintendent until last summer, said Marszalek was an at-will employee who reported to the Fordson principal. He said discrimination on the basis of religion had no role in the dismissal.

"There were a number of things tied into that. ... A tough decision had to be made," Artis said.

In October 2005, Fadlallah ordered Hancock to stop volunteering with Fordson athletics. He accused the minister of using his ties to the school to illegally promote religion, according to the suit.

"I would like to keep this matter under strict confidentiality," the principal wrote to Hancock shortly after the camp. "If this issue is leaked to the community, I cannot stop the adverse reaction that it will cause."

[nbcouch]

48. Based on the side of the story we ARE getting

it is clear that (a) Hancock was illegally evangelizing at a camp for Marszalek's publicly funded team; (b) Hancock properly lost his volunteer position because of this; (c) Marszalek refused to take steps to keep Hancock from making further attempts at proselytizing the team; (d) Marszalek's contract was not renewed, so there was no issue of tenure or improper dismissal.

Whether Fadlallah was also trying to keep other (unknown) evangelizers, in addition to Hancock, away from his school is immaterial. There's nothing in the story to indicate that Marszalek has any basis whatsoever for claiming that his free exercise of religion was infringed upon by the school district, or that he was in some way discriminated against because of his religious beliefs, and if indeed he was an at-will contract employee, he has no basis for claiming he was "dismissed" for any particular reason at all.

[Libertas1776]

44. What an ass

Maybe you wouldn't have lost your freaking job if you focused more on your coaching and less on proselytizing. Imagine how apeshit he would have gone if the kid tried to "introduce" him to Islam. Dumb ass.

[Romulox]

52. Please read the story, The person who is suing and the prosyletizer are TWO DIFFERENT PEOPLE. nt

[damntexdem]

51. Whatever happened to martyrdom?

When some nutcase has to ignore doing his job in favor of trying to "save" the infidels, what happened to happily accepting martyrdom in consequence? What's with all this going to court stuff?

;-)

[Startup]

62. From some of the responses above, what ever happened

to reading comprehension may be a better question.