Appropriate sanction?

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Jan 24, 2011
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An automatic one-game suspension following an ejection seems appropriate.

If additional sanctions are in order, there needs to be a process where more information can be considered and where decisions are not made in the heat of the moment.

I think this is the appropriate action.
 
Jan 24, 2011
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I'm an attorney in juvenile court, and the DA called me about another case I am working on with her. I told her about the incident, and she said that she'll prosecute the case if I make a police report. I'm going to let everyone calm down over the weekend and then decide what to do.


Just curious as to what your evidence would be here. One group of parents (from your team) saying she threw a punch to intentionally hurt your DD. Then , on the flip side , a group of parents from the other team saying that it was incidental contact as the 1B came to make a hard tag on the runner who put up her hands to protect from a high tag. Doesnt seem convincing enough to haul a middle school girl into a court room.
 

redhotcoach

Out on good behavior
May 8, 2009
4,694
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I'm an attorney in juvenile court, and the DA called me about another case I am working on with her. I told her about the incident, and she said that she'll prosecute the case if I make a police report. I'm going to let everyone calm down over the weekend and then decide what to do.

OMG! I am sure the system will fix any problems you perceive this young lady to have. You being in the juvi courts know what a fine job it does. No need to reply to me, I won't be opening this thread again.
 
Oct 7, 2009
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Just curious as to what your evidence would be here. One group of parents (from your team) saying she threw a punch to intentionally hurt your DD. Then , on the flip side , a group of parents from the other team saying that it was incidental contact as the 1B came to make a hard tag on the runner who put up her hands to protect from a high tag. Doesnt seem convincing enough to haul a middle school girl into a court room.


It would never get to a trial. The most likely outcome would be for the girl to be brought in and to talk to an intake officer. The intake officer almost certainly would recommend an informal adjustment, which most likely would mean an agreement to stay out of trouble and maybe an anger management of some such class.

As for the evidence, if it came to that, which, as I stated, it wouldn't, but if it did, my daughter would be able to testify that the girl balled her fist up and punched her in the throat. Victim testimony (especially where there is no obvious reason to fabricate) is almost always very persuasive and would be sufficient evidence to support an adjudication. There's case law that says that intent is presumed in such an act and then the girl would have to rebut that presumption.

As I have stated, I am not interested in prosecuting this girl, but I am interesting in keeping the peace in my home, which means giving the wife some time to calm down.
 
Jan 24, 2011
1,156
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It would never get to a trial. The most likely outcome would be for the girl to be brought in and to talk to an intake officer. The intake officer almost certainly would recommend an informal adjustment, which most likely would mean an agreement to stay out of trouble and maybe an anger management of some such class.

As for the evidence, if it came to that, which, as I stated, it wouldn't, but if it did, my daughter would be able to testify that the girl balled her fist up and punched her in the throat. Victim testimony (especially where there is no obvious reason to fabricate) is almost always very persuasive and would be sufficient evidence to support an adjudication. There's case law that says that intent is presumed in such an act and then the girl would have to rebut that presumption.

As I have stated, I am not interested in prosecuting this girl, but I am interesting in keeping the peace in my home, which means giving the wife some time to calm down.

So , if during a basketball game , a girl gets tagged with an unintentional elbow and claims that the other player did it on purpose , Should she have to go see somebody and attend anger management classes? Good lord , I hope not
 
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Oct 7, 2009
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So , if during a basketball game , a girl gets tagged with an unintentional elbow and claims that the other player did it on purpose , Should she have to go see somebody and attend anger management classes? Good lord , I hope not

There's a clear delineation between aggressive but acceptable play and assault. Had the girl tucked her shoulder and tried to knock my daughter out of the way, I think that's OK. If she tried to smack the glove to dislodge the ball, that's OK. But when you make a fist and make contact in the face or neck, I don't see that as a legitimate play.

Does this girl need to be in the juvenile justice system? Probably not, thus my saying I'm not interesting in this girl's punishment. Should her actions just be regarded as aggressive play? Well, if prosecuting her is overly harsh (and it may be), making excuses for clearly inappropriate conduct does an equal if not bigger disservice to this girl.
 
Jan 24, 2011
1,156
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There's a clear delineation between aggressive but acceptable play and assault. Had the girl tucked her shoulder and tried to knock my daughter out of the way, I think that's OK. If she tried to smack the glove to dislodge the ball, that's OK. But when you make a fist and make contact in the face or neck, I don't see that as a legitimate play.

Does this girl need to be in the juvenile justice system? Probably not, thus my saying I'm not interesting in this girl's punishment. Should her actions just be regarded as aggressive play? Well, if prosecuting her is overly harsh (and it may be), making excuses for clearly inappropriate conduct does an equal if not bigger disservice to this girl.

How do you know she intentionally made a fist? You said you didnt see it that way. Just because your DD said so? Give me a break. She was ejected and suspended for another game. That should be sufficient. This talk about charges is just plain disgusting. I am going to follow the path of RedhotCoach and not open this thread again
 
Feb 22, 2013
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My daughter plays first base on her middle school team. She gets a little grounder hit down the line, charges it, picks it up, and tags the girl out coming down the line. The runner punches my daughter in the throat. The umpires ejected the girl and apparently the school will be fined $300 (which they will probably make the family reimburse) and the girl will get a one game suspension.

Not my fight, but I agree with your description that BLUE got it right.

When I first saw it happen, I just thought that the girl ran into my daughter and forced her glove to hit her in the throat. Then my daughter starting crying and couldn't catch her breath. Several parents started that she was punched. I was pretty shocked. When my daughter finally had her breath she said that the girl punched her closed fist in the throat. The girl didn't deny, but she said that she didn't mean to do it.

From this description, it sounds like a deer in the headlights reaction. Fight or flight? The runner had probably never been in this situation before.

The ejection and one game suspension is more than likely punishment enough. This is a great teaching moment for both teams.

I know the first time I had a deer in the headlights, I hit the deer with my vehicle, but I had the advantage, I had made my decision to hit that deer instead of swerving years before we came face to face.
 
Sep 18, 2011
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Bullying must not be accepted or gotten over. If the parents and the school do not punish this girl to every extent that they can (and how are you to know?) I would file a police report.

Bullying is the habitual use of force or coercion to intimidate a particular victim. It involves an imbalance of social power. It is NOT one isolated incident of violence on an athletic field between complete strangers. Girl has been suspended for one game. School has been fined. Team/school has the option of further sanctions... and we're seriously considering CRIMINAL charges? Good luck with that. I'm very sorry that the OP's DD was hurt and I'd be angry as well. But I seriously doubt that the girl who threw the punch had anything resembling a gullty mind when the incident occurred.
 
Oct 19, 2009
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beyond the fences
Let cooler heads prevail while doing the right thing. You absolutely are correct in allowing a couple days to pass.
DO NOT DROP YOUR PURSUIT! Meet with your coach and AD before weekend, ask the AD to meet with/conference the
offending school, requesting sanctions while putting the AD of the other school on alert that you are also filing a complaint
with the HSAA. Once the motion is filed, it is out of your hands. I think that suspension for just this season is not enough, what happens when your schools meet again next year? If the opposing coach has even a shred of decency, she should not be allowed to play. If I were coach, I would have kicked her off the team immediately and informed the parents that she will not be allowed to
tryout for my team in the future.
 

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