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17 year old pregnant girl sue's for being Benched on Volleyball Team

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RoadRage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 09:06 AM
Original message
17 year old pregnant girl sue's for being Benched on Volleyball Team
Edited on Fri Dec-11-09 09:13 AM by RoadRage
VIDEO:
http://www.cnn.com/video/#/video/bestoftv/2009/12/09/pn.pregnant.teen.athletes.cnn

STORY:
http://www.mcclatchydc.com/washington/story/80115.html

...
The player, 17-year-old Mackenzie McCollum of Arlington Heights, was a starting setter until the school discovered she was pregnant on Oct. 7, according to Laura S. Kaufmann, a lawyer with Washington-based National Women's Law Center, which represents McCollum.

She was 10 weeks pregnant at the time.

School officials told McCollum that she needed a doctor's note clearing her to play. Kaufmann says the district violated Title IX, the 1972 law that prohibits sex-based discrimination at schools receiving federal money.

"She's a top student, a musician and a star volleyball player on the varsity team," Kaufmann said. "She got pregnant and when the athletic coordinator at the school found out, she was told she couldn't play anymore on the team.

"And they demanded that if she did want to play, she had to produce a note from her doctor clearing her to play. But it's not clear that they are applying that condition to all athletes, and that's one of the things Title IX of the Education Amendments of 1972 requires."

McCollum's mother, Barbara Horton, would not comment without Kaufmann present.

"What we really want is for the district to adopt a more robust policy regarding the treatment of pregnant parenting students," Kaufmann said. "It's important moving forward that others that find themselves in this situation don’t have to go through the same experience."

The Fort Worth schools Web site includes a policy specific to pregnant students.

_________________________________________________________________________________________________
_________________________________________________________________________________________________

Alright - what am I missing here? They found out she was pregnant, and then told her she had to have a doctors note before she could play. Doctor says she can play, but can't dive, etc.. which will obviouisly impact her playing ability. She's mad because they made her get a doctors note, and don't make someone with a sprained ankle get a doctors note to return to play... A SPRAINED ANKLE AND A PREGNANCY AREN'T THE SAME THING!?!

Frankly, if the distric DOES allow her to play without a doctors note, and she dives and harms the baby.. she's going to be the first one to sue the school district for allowing her to play when they knew she was pregnant. This school district is pretty much screwed either way IMO.

Sorry - on this one, i'm agreeing with the school district. A sprained ankle goes away after a few days.. a pregnancy does not. That is a major difference.
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bluedeminredstate Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 09:12 AM
Response to Original message
1. I agree.
I can't imagine why a school would allow a pregnant player to participate without a doctor's clearance. I don't see how this girl's rights were violated.

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dmallind Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 09:20 AM
Response to Reply #1
2. Unless I'm mistaken
Edited on Fri Dec-11-09 09:24 AM by dmallind
By trying to invoke title IX they are claiming a gender-biased process.

This can be solved immediately by requiring all male athletes who become pregnant to also get a doctor's clearance.
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RoadRage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 09:26 AM
Response to Reply #2
4. Well, frankly I checked -
And I didn't find one example where a school district didn't do exactly that. In fact - there is no evidence world wide of an example where a school district did not require a pregnant male athlete to get a doctors note prior to re-joining the team.

Case Solved? :)
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dmallind Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 09:33 AM
Response to Reply #4
5. Fine by me. And it didn;t cost them $450 an hour either. NT
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unabelladonna Donating Member (483 posts) Send PM | Profile | Ignore Fri Dec-11-09 09:25 AM
Response to Original message
3. you're not missing a thing
i agree with the school district as well. it's a joke.
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Blue_Tires Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 09:35 AM
Response to Original message
6. doesn't she have a little more to be concerned about
than her place on the team right now?


besides; we all have to make sacrifices sometimes in life...
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RoadRage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 09:35 AM
Response to Original message
7. Actually.. what about her parents in all of this?
Seriously.. to get a lawyer, etc - that takes money that a 17 year old doesn't have. And, in reading the article it appears as though she's upset that she's going to miss "College Recruiting Opportunities". Umm.. when the scouts see your 5 month pregnant belly - perhaps that might dissuade them??

Why are her parents even allowing this? Obviously if she's 10 weeks pregnant, and she's decided that she's keeping this baby - then her parents should be telling her she's not playing volleyball for the safety of the baby. She's 17.. they can make that decision for her and tell her she's not playing.

It appears as though the parents are to afraid to lay down the law with their own daughter... and that seems to be the biggest problem.
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Brewman_Jax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 09:35 AM
Response to Original message
8. Nice try
Pregnancy is not a Title IX violation. :eyes:
She can play when she's no longer pregnant. Case closed.
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RoadRage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 09:52 AM
Response to Original message
9. Hahaha..
Someone un-rec'd a news story. That's HILARIOUS! :)
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Dogtown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 10:20 AM
Response to Original message
10. *NOT* your typical frivolous suit.
Obviously un-winnable, is the lawyer trying to make a mockery of Title IX, suggesting it's unfair and unenforceable?

There have been numerous suits attempting to undermine Affirmative Action as well, could it be that a conservative-activist litigator hopes the Bush administration packed the judicial system with enough neocon judges to begin dismantling our civil rights protection?
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RoadRage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 10:47 AM
Response to Reply #10
12. That's where I was confused..
as i was watching the video on CNN, and the lawyer couldn't answer any logical question and just kept coming back to the fact that it was sexist and "unfair".. not that it wasn't CORRECT that the school was doing this.

If the girl was getting kicked off of the Chess team for being knocked-up, she'd have a very valid point. But, she's getting kicked off a team where the sport involves jumping and spking a hard flying object into the vacinity of the stomach, and diving onto the floor (also on the stomach).

I play both sand & indoor volleyball. I found out I was pregnant with my son at 8 weeks.. and that was the last week I played volleyball. And I wasn't in even near as competitive of a leauge as High School.. my rec-leauge involved more beer drinking then spiking (and the beer drinking also ceased that week as well.. for about 8 months anyway. ;)
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Dogtown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 01:03 PM
Response to Reply #12
14. Love your nick & avatar, BTW.
yes, it's just too obviously a losing case not to have some hidden agenda.
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blondeatlast Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 01:11 PM
Response to Reply #10
15. Could be. It would be very interesting to know if the counsel
Edited on Fri Dec-11-09 01:12 PM by blondeatlast
is admitted to the SCOTUS bar...

I smell a big, stinking Title IX challenge as well.
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Dogtown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 03:34 PM
Response to Reply #15
27. Yes, & more to follow.
Progressives need to stay alert to these minor events that can become major challenges to equality.
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AspenRose Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 10:24 AM
Response to Original message
11. A friend whose mom was pregnant with her in high school played basketball
until her 7th month. But that's basketball, not volleyball.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 11:00 AM
Response to Original message
13. She's claiming that college scouts did not get a chance to evaluate her
Edited on Fri Dec-11-09 11:01 AM by SoCalDem
while she was not being played..even after she brought a doctor's note..

as IF..

Can't you just see all the scouts fighting over the pregnant girl:eyes:

If the school did allow her to play a lot, and she ended up injured ..or the baby injured, they would then sue because the school did not take due diligence for her safety..


Note to Mackenzie:
Getting pregnant in high school changes your life, and your plans.. Title IX or no Title IX, ..sex can cause a baby to "happen", and you have to live with the consequences..volleyball and college may just have to wait a while.

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petronius Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 01:13 PM
Response to Original message
16. From an earlier article, I had the impression that she was angry that the coach
had announced her pregnancy to the whole team without her consent - in that, I think she'd have a case.

If it's only about keeping her out of the game I expect she'll lose, but it seems like a valid question. If she brought the doctor's note and the school still refused to let her play, then the school should have some explanation and policy on when an doctor's note is/isn't sufficient to put an athlete back on the court...
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WolverineDG Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 01:22 PM
Response to Reply #16
17. The doctor gave her the note because she said her team mates would look out for her
then didn't bother to tell her team mates or her coach she was pregnant. How are they going to look out for her if they don't know what to look out for? :shrug:

This isn't a case where she's being kicked out of NHS or told she can't be on the Honor Roll because she's pregnant. The potential for harm to her & her baby is about 0 in those activities, whereas in volleyball, both she AND the baby can get hurt (or worse).

dg
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blondeatlast Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 01:25 PM
Response to Reply #17
18. So I get a note, my teammates and coach are told to "look out for me" but
not told I'm an insulin-dependent diabetic. Pretty much the same thing.

I think you've got it.
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petronius Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 01:45 PM
Response to Reply #17
20. That would be a pretty bad justification for a doctor to give a note,
and in that case a lot of people should have a beef with the doctor. It still wouldn't give the coach the right to reveal the information, so no matter what she told the doctor or coach I think she has a valid privacy complaint.

As for keeping a student out of a game, it seems to me that the doctor is supposed to provide a yes or no based on his medical understanding of the risks of the particular sport and condition. If that's done by the doctor, then the school should have a clear policy as to when such clearances may be rejected by a coach. If the school just winged it here because it's a pregnancy, then it's not a slam-dunk against the student's case, IMO.

My gut feeling is (like the school and I suspect most posters here) that pregnant students shouldn't play volleyball. However, I really know very little about the risks of physical activity at various stages of a pregnancy, which is why the doctor's opinion would carry weight...
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RoadRage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 01:39 PM
Response to Reply #16
19. A Privacy Violation is a totally different animal
I agree, if the coach told the team about it without her permission, then THAT needs to be the issue, and that is what this lawyer needs to be going after.

Claiming that they're mad that she isn't allowed to play a tough physical sport while pregnant just makes them sound ludacris (or however you spell that word). ;)
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 01:51 PM
Response to Original message
21. Is it really wise for a pregnant woman to play basketball?
Of course we already know we aren't dealing with a very wise person to begin with.
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RoadRage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 02:02 PM
Response to Reply #21
22. It's actually Volleyball in this specific case..
but, probably not a good idea for a pregnant woman to play either if she's planning on carrying a health baby to term, IMO.
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proteus_lives Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 02:21 PM
Response to Original message
23. Why would a pregnant woman want to play sports and risk the health of the baby?
If she wants to keep it?
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 02:29 PM
Response to Reply #23
24. She's 17 and pregnant
We already know she is a little short on sense.
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proteus_lives Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 02:41 PM
Response to Reply #24
25. Good point.
She's a kid. Even the smartest 17 year-olds are short on sense.
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 03:15 PM
Response to Reply #24
26. Now that's funny.
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RoadRage Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-11-09 04:55 PM
Response to Reply #23
28. Because:
1. Her parents are forcing her to keep it, and she doesn't want to (but then you think they'd also force her to not play volleyball)
2. She is an attention whore.. getting pregnant at 17 isn't enough
3. She is really only worried about herself.

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