Cheerleader told to clap for her 'rapist'

britexpat
By britexpat

OK.. Serious discussion time..

I found this perplexing and can't personaly support the school on this - BUT the law says they are right.....

What say you ?

_________________________

A teenage girl who was dropped from her high school's cheerleading squad after refusing to chant the name of a basketball player who had sexually assaulted her must pay compensation of $45,000 (£27,300) after losing a legal challenge against the decision.

She was 16 when she said she had been raped at a house party attended by dozens of fellow students from Silsbee High School, in south-east Texas. One of her alleged assailants, a student athlete called Rakheem Bolton, was arrested, with two other young men.

In court, Bolton pleaded guilty to the misdemeanour assault of HS. He received two years of probation, community service, a fine and was required to take anger-management classes. The charge of rape was dropped, leaving him free to return to school and take up his place on the basketball team.

Four months later, in January 2009, HS travelled to one of Silsbee High School's basketball games in Huntsville. She joined in with the business of leading cheers throughout the match. But when Bolton was about to take a free throw, the girl decided to stand silently with her arms folded.

"I didn't want to have to say his name and I didn't want to cheer for him," she later told reporters. "I just didn't want to encourage anything he was doing."

Richard Bain, the school superintendent in the sport-obsessed small town, saw things differently. He told HS to leave the gymnasium. Outside, he told her she was required to cheer for Bolton. When the girl said she was unwilling to endorse a man who had sexually assaulted her, she was expelled from the cheerleading squad.

The courts decided that a cheerleader freely agrees to act as a "mouthpiece" for a institution and therefore surrenders her constitutional right to free speech. In September last year, a federal appeals court upheld those decisions and announced that HS must also reimburse the school sistrict $45,000, for filing a "frivolous" lawsuit against it.

article: http://www.independent.co.uk/news/world/americas/cheerleader-must-compen...

By britexpat• 8 May 2011 22:59
britexpat

You don't realise how seriously Texans take their cheerleading...

By edifis• 8 May 2011 22:57
edifis

She did the right thing by not cheering for him.

By wirehead• 8 May 2011 22:42
Rating: 5/5
wirehead

it may be a 'sport' in cheerleading competitions but during a game it's simply a support function. the game is not decided by the cheers a team gets, although they may help in the scoring and such. if cheerleading is simply a high school extracurricular activity for the girl then there's no reason for her to pay up. it's not a professional career and i don't think she signed any contract. it's not like she suddenly booed then cheered for the other team. totally ridiculous.

maybe the parents shouldn't have sued right away, but the court's decision is idiotic.

nevertheless, freedom of speech is a basic constitutional right and should be in the spirit of any laws created.

By anonymous• 8 May 2011 22:39
anonymous

Thank you for the clarification.

She was not protected by anybody then.

How bad is that?

By fubar• 8 May 2011 22:32
fubar

Cabbage, I agree with what you are saying entirely, although unfortunately things aren't that simple. If you google the case and read some more about it, it gets worse. I think technically the 'rapist' was never convicted as such, in fact he's technically not a 'sex offender' (although you, me and everyone else would think so).

The reason the girl tried to take this to court was on the grounds that she has 'free speech protection' to NOT cheer someone on. The school's argument, and the court (strangely) agreed, was that in fact the girl has no free speech protection.

The case is terrible, and I really feel for the girl. It just seems like a total miscarriage of justice to me.

Hopefully she can sell her story to a few news outlets to raise the money she needs, and to raise the profile of the case.

The whole thing is sick. In my opinion, the boy should have been politely asked to leave the school and start elsewhere as a way of closing the chapter on the incident and to give everyone a fresh start, rather than to make it worse for all concerned. Especially the victim.

By nomerci• 8 May 2011 22:18
nomerci

I did not comment about the case, just mentioned that cheerleading is regarded as a sport in the USA as you thought it to be a lifestyle choice, a hobby at best.

By anonymous• 8 May 2011 22:10
anonymous

So what?

We all have competitive sports - but surely common sense prevails.

She was sexually assaulted and then she was expected to cheer his team on?

I don't think so.

The Team should not have had this ‘git’ on the team at all. He should have been banned.

He is a convicted ‘sexual offender’.

Sue the a** of him and the coach for me- I love sport and I am not PC at all but this girl is right.

She stood up for herself when the law let her down.

By nomerci• 8 May 2011 22:01
nomerci

Cheerleading is regarded as a competetive sport in the USA.

By anonymous• 8 May 2011 21:58
anonymous

Typical a** laws; where the victim is second to the perpetrator. No excuse at all for this.

She has every right NOT to cheer on anybody – especially a man that has sexually assaulted her.

Cheer Leading may be seen as a ‘sport’ but really it is not. It has no contract and is not a job – it is a lifestyle choice; a hobby at best.

Should she sue?

This ‘man’ is still free - so perhaps her suing this *ick of a Principal may make her feel that at long last what happened to her gets some exposure and her attacker is named.

If I were her I would be suing them both.

By anonymous• 8 May 2011 11:21
anonymous

I don't like this culture of suing for everything but surely the school could have handled it with bit more compassion.

By Milky_BarKid• 8 May 2011 10:05
Milky_BarKid

Weird people live in Texas? So much in the name of school sporting event?

By Straight Arrow• 8 May 2011 09:45
Straight Arrow

The problem came from these Rapist, which I have wrote few comments on this issue last weekened in the topic called slut walk protest, which I also updated it today.

I hope my comments will be intersting to you.

By volleygirl5• 8 May 2011 09:11
volleygirl5

Justice gone wrong :-(

By frenchieman• 8 May 2011 09:03
frenchieman

Sad but not surprising. Texan mothers murder girls to make sure their daughters get on the squads.

A famous case;

http://en.wikipedia.org/wiki/Wanda_Holloway

By Rizks• 8 May 2011 08:53
Rizks

I wished, i had access to view youtube frm my office.....:(

By anonymous• 8 May 2011 08:51
anonymous

Watch this s_islae and tell me that they are just "item numbers" (whatever that means)

By happygolucky• 8 May 2011 08:47
Rating: 2/5
happygolucky

Tinker...I am not sure if you are getting carried away by the following words used in the article:

"Richard Bain, the school superintendent in the sport-obsessed small town, saw things differently. He told HS to leave the gymnasium. Outside, he told her she was required to cheer for Bolton. When the girl said she was unwilling to endorse a man who had sexually assaulted her, she was expelled from the cheerleading squad".

It can be a journalistic touch to spice up things or a language apt for a lawsuit.

Say if it was stated as under would it make to the headlines and get caught by the eye of Britexpat.

"Richard Bain, the school superintendent called HS outside and asked her what’s the problem with her. The girl said she was unwilling to endorse a man as he had sexually assaulted her. Richard Bain felt sorry for her and asked her to step down and he would find a replacement. However HS refused leaving Richard Bain no option but to expel her from the cheerleading squad".

By s_isale• 8 May 2011 08:39
s_isale

what competitive sport - they are just there as item numbers-

By anonymous• 8 May 2011 08:34
Rating: 4/5
anonymous

s-islae, both men and women are cheerleaders. It's actually a serious competitive sport.

By anonymous• 8 May 2011 08:33
Rating: 4/5
anonymous

The big deal is that she may be a very good cheerleader. If she is than she may have been eligible for scholarships to University or had the opportunity to compete and a competitive level. Now she's lost that opportunity.

My guess is if it had been the guy who was raped they wouldn't have made him play against his rapist.

By s_isale• 8 May 2011 08:27
s_isale

isnt cheerleading itself an exploitation of woman??

By happygolucky• 8 May 2011 08:24
happygolucky

Tinker... just the mention of word "rape" shouldn't let us lose focus... here the issue is different. She was on the team of cheerleaders... she didn't want to perform, for any reason, as she is expected to... so whats the big deal in removing her from the squad. What otherwise would the school do...allow her to stand mute amidst the other cheerleaders. On the contrary she herself should have volunteered to be off the team in the circumstances. IMO the court has rightly slapped her with a fine.

By anonymous• 8 May 2011 08:19
anonymous

Disgusting Brit. I can't believe people can be so heartless, especially over something as silly as high school sports!

By chocolate• 8 May 2011 08:13
Rating: 4/5
chocolate

I do feel the school shld have considered her case, but dont think she shld have gone to court. After all he was alraedy tried by the law and given punishment. The courts go by rules , not emotions.Here cheerleading was not part of her personal life.

By britexpat• 8 May 2011 08:13
britexpat

Perhaps they wanted to send a message to others regarding what they term "Frivoulus Lawsuits"..

By happygolucky• 8 May 2011 08:13
happygolucky

lol @ action and reaction in the story .. whats the big deal if she was removed from the squad.

By FathimaH• 8 May 2011 08:09
Rating: 3/5
FathimaH

Totally demoralizing. On one hand the guy committed a terrible crime and got off with a very light sentence to say the least leaving his victim obviously disheartened and probably mentally scarred for life. However in the eyes of the law he had payed his dues hence was now off the hook. The girl on the other hand as a cheerleader,which I presume was a position she achieved by her own accord, had her duty towards the school she represented hence when she failed to comply and was sacked and sued them it was she who then opened herself to another trial all together which she lost,sadly. So all in all as much as I hurt for her I must say the courts decision was obviously made not taking human emotions into account hence they were right as far as the law on such matters go.I do feel however the school should have acted better. They are a school after all. A place where parents send their kids not just to top in academics and sports but to be better human beings too. Even if they could do nothing to help her they should have at least not added insult to the injury by getting her to pay the fine..surely is $46,000 really worth more to them? Pathetic case really!

By britexpat• 8 May 2011 08:07
britexpat

She cannot appeal.. The case went to the Supreme Court and they refused to hear it...

I personaly believe that teh School should have taken a more caring view of the issue , considering her circumstances.

By britexpat• 8 May 2011 08:05
britexpat

I don't think it is her mistake .. She felt agrieved at how she was treated ...

By anonymous• 8 May 2011 08:04
Rating: 5/5
anonymous

She isn't getting paid! This is a voluntary high school sport! Shame on the high school for expecting her to cheer, and shame on the court for siding with the high school! I hope she files for an appeal and get's a judge with some sense.

By Straight Arrow• 8 May 2011 07:52
Rating: 5/5
Straight Arrow

First she is poor girl because she did not expect this from the high school.

It is her mistake, because she did not know about the rules of cheer leader and also becuase she did not look for other job.

By Formatted Soul• 8 May 2011 07:50
Formatted Soul

Logically what she did is right, but legally she is paid to do what they ask her to do! and she failed to do her job.

By Rizks• 8 May 2011 07:49
Rizks

Poor gal !....

Instead of clapping she would have slapped tat ba$tard !

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