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ADA question relating to youth sports

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vhti

Junior Member
What is the name of your state? Oregon

Recently our town's summer baseball program had sign ups for the upcoming season and a woman came in alone to sign up her son for the 11-12 year old team. She advised me that he was "a little behind" the other kids in his development. And asked if that would be a problem.
As I had coached for many years, and I had interaction with many children who were "A little behind" other kids their age, and had never experienced any major problems I advised her that it shouldn't be a problem, but time would tell.
She also stated to me and a few others present at the sign ups, (including the person who was the head coach of the team her son would be playing on), that if there were problems that developed down the road with her son playing on the team that he could be removed from the team right away.

I found out later she had stated to one of this teams other coaches that if her son was not paying attention he should be held by the chin, looked straight in the eye and told what he needed to be doing.
This due to the fact, (I found out later at the first practice) that her child has autism.
If I had been aware of this method of action she prescribed for her son by others I would have asked for more information, as we do not allow ANY physical contact between coaches and players in a demeaning or violent manner.
I am not sure at this time if the mother of this child had advised any of the other people present of her son's specific affliction.

At the first practice for this team, (for which I am an assistant coach), it was obvious to all involved that this child was definitely "a little behind" other kids his age relating his attention span, focus, and interaction with the other children.
The child's mother watched the first practice and no major problems occurred.
There were numerous times I had to have one on one conversations with the child, to get his focus back on the drill that was being run at the time, but taking this into account, it still seemed like a normal first practice.

At the beginning of the second practice she came up to me and asked if she needed to be there with her son.

Now I am no expert regarding autistic children, or autism in general, but it seemed that her son just needed to have his focus reinforced on the task at hand more than anything else and if all it took with this child was to verbally remind him then I said it seemd okay to me.
(We later found out that this child has a constant "caretaker" in his life, although we were not informed of this by his mother at any time, nor was any person present at any practice, that seemed to be there with that expressed purpose).

She left the practice and for the most part the practice was just like any other, until the last part.

During the final running drills her son had a problem with another child while waiting in line to perform their part of the drill, (I do not know for sure what took place as I as busy with a few other players at the time), but something happened that led to the child with autism kicking the other boy in the head, and throwing his mitt at the back of the head of another player nearby.
The head coach of the team saw this, and it was also witnessed by another coach who was standing nearby.

Later that night the head coach spoke with the child's mother about the earlier incident, and they both agreed that her son was risking injury, either to himself or others around him, and therefore should be removed from the team.

We have a policy, (due to insurance), that unless a child is officially signed up for a sport, (and thereby covered by our insurance), they are not allowed to practice with, or be on the field), when a team is practicing.

A few days later this child, (age 11 or 12), was at his younger siblings T-ball practice, and went out on the field with these younger kids, (ages 4-8) to help them practice. The mother was present, and the coach of the T-ball team overlooked the rule and allowed this child onto the practice field, as he was playing catch with his younger brother & sister.
Unfortunately this child was throwing the ball much harder than kids of T-ball age could handle and his throws were often errant and came close to hitting other players.
The coach asked the mother to remove her son, and later other parents called the president of the league, and also the local booster club, (which is the umbrella group for all of the non school youth sports groups in our town), to complain about this child being on the practice field with their younger children.
When the mother was advised that her son would not be allowed to practice with the T ball players in the future she threatened to sue the league under ADA discrimination laws.

My question is:
Does she have any grounds to pursue a lawsuit under ADA discrimination?
 


rmet4nzkx

Senior Member
She withheld information when she signed the child up originally. Did she request formally, in writing ADA accommodations? It sounds like what was granted was unofficial.
Upon a trial, she agreed to withdraw the child, she did not request his placement with a younger group as an accommodation from the league management, she forced that on her own.
This child was clearly a risk and the league can uphold it's safety rules.
Since the child was no longer officially a part of a sanctioned team, the league cannot be forced to allow him to play when he is a danger to others.
If mom wants to let her children play catch with him somewhere else or join a league with special needs players.
One form of Disability in the Autism Spectrum, Asperger's syndrome includes those with normal to high intelligence, although "a bit slow" they may not be in special ed classes, they are often clumsy. They can be dangerous on a sports team, I know of a child with Asperger's who was included in a baseball team who went running up to ask a question instead of being where he was supposed to be, as the coach was hitting balls into the field, the coach nailed him in the forehead on the back swing leaving a permenant impression in his forehead only. Asperger's runs in families, lack of appropriateness and understanding consequences are also typical, so defensive parents are not unusual.
She may have good cause to return the participation fee, but that is it.
 

vhti

Junior Member
Due to the fact that we live in a very small town, and that some information surrounding this issue might be construed as "hearsay" and "he said, she said" , we are planning on a meeting with all the parties present, to try and clear the air and start anew, hopefully using written documentation relating to the child, and any special needs he requires.
This way we are all on the same page and if any one party feels the tasks to be overwhelming then they can state their doubts at that time.
Also, if the child behaves in a fashion that is detrimental to himself or those around him then it will be in writing that he is to be dismissed from the team.
 

vhti

Junior Member
I understand what you are saying, but as we all see each other in and around town and, (presumably), will continue to over the years. It is our hope that an equitable solution can be found.
You never know unless you ask...and listen.

But this situation has definitely been an eye opener. And no matter what happens regarding this specific event, we will definitely research it more and put into place the proper protocols and processes for future reference.
 

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