My son was a witness to a crime. The property belong to the pop warner organization he played for. He was not a perpetrator and reported directly to me immediately what happened. We then forwarded the information to the football coordinator. I agreed he would serve community service because he was in the presence of other youths I did not want him hanging around with. The board decided he was a perpetrator and used this to suspend him. No formal charges were brought against him or the other youths. The board used the terms “committed a crime” in a formal document. This document was given to a Dt. Working the case. He advised me this was illegal. He then called the president and reprimanded him on the terms used and call it illegal. This president recanted his position on the letter and removed the suspension. The following day at my son's game they two board members stopped the game and used terms “he committed a crime”, “stole from the organization” “being punished for community service for his crimes” in front of a group of parents and the kids on his team. They were told by the Dt. Who showed up at the field that their actions were illegal. The president showed up and recanted his statement and endorsed the letter stipulating my son was being suspended for committing a crime. The official rule book for Pop warner states there processes that were to be followed. They complied with none of them. I received an email today from the president that he is sticking by his initial decision and claims he committed a crime. My questions are; Is this illegal? Does due process need to be followed before saying an individual is guilty of a crime? Is there a difference seeing he is a minor? What recourse can I legally take? Advice?
Thank You

Hello c:

Due process has nothing to do with speech.

You have TWO things going on here. 1) your son's legal problem and 2) what they're saying about it.

I don't know what the status of the first problem is. Apparently it's still being investigated. If I were you, I'd stop making these decisions for your son. I'd stop talking to the cops and I'd hire a lawyer. Just because you don't like his friends doesn't mean he's guilty of a crime. In fact, from what you've said, he ISN'T. Your saying he IS has extremely complicated the matter.

Hiring a lawyer might also solve your second problem, in that I think a lawyer will tell them in no uncertain terms to shut up. But, I don't think you would prevail in a lawsuit against them. I don't know, though. It depends on exactly what they're saying and to whom.

excon

Ok, let me read between the lines here. Your son was hanging out with some kids you did not approve of. As a gang they broke into a storage room and either stole or damaged property belonging to the league. Your son may or may not have actively participated in the break in, but he was there, not as someone who just happened by and witnessed the crime but as a member of the group. He did nothing to stop the crime. However, feeling remorse, he reported the crime to you and you reported to the league. Does that jive with the facts?

Now you refer to this community service thing. You said YOU agreed to it,but you don't say who ordered it or under what conditions you agreed to it. If, at any point, you or your son admitted to being part of that group, then he is guilty of aiding and abetting at the least. By admitting his involvement and accepting punishment he waived any rights to due process, In my opinion.

As for the league board, their actions are governed, to some extent, by the by-laws of the league. Is there anything in those by-laws to cover a situation like this?

I agree with excon, you need to consult an attorney. You should have done it right away instead of letting your son admit to anything.

I am answering both you.

First, It wasn't a gang. We live in the country. I moved him out of the city a long time ago. He was at the park with his friends and fellow football players. They were in the parking lot waiting for rides. Kids were leaving in groups. He was on the phone. One person decided to hit the lock on the door. Another one joined in. He did not. The problem I had was he served community service before for a bad judgment call with this same girl. He knew I did not want him around her. He plays for the organization and he didn't stop what they were doing. He did not condone it either. To me that is a bad judgment call. I teach my son that every action has a reaction. The reactions are consequences. If he does something stupid he has to face his consequences. He was being punished for that. The board maliciously went after him. Now it wasn't the entire board but one member who doesn't like me. My son dumped her daughter twice and she is still trying to get him back. These are not the reasons to destroy a juvenile. What they did was illegal in my state. The Det. Handling the case warned them that calling him a criminal and convicting him of a crime without due cause is a violation of his rights. They repeatedly do this public ally. The reasons they gave for his suspension were as follows;

1.  He violated the Pop Warner Code of Conduct which is in place to ensure that all of our participants are accountable for their behavior both on and off the field.
 
2.  He committed a crime.
 
3.  He stole from the program's concession stand which is in place to help fund the program and provide services to the other children that are involved.
 
4.  Whether he actually entered the building himself, he was present at the time of the theft.  He knew right from wrong and had every opportunity to walk away from the situation or notify an adult as to what was happening.
 
These are very serious offenses and they are not to be taken lightly.  Both the Pop Warner Board of Directors and XXXXXXXXXX are trying to build a strong foundation with strong community leadership being near the top of the list.  Maintaining membership with XXXXXXXXXX Pop Warner is a privilege and not a right.  With this membership comes a responsibility to represent both the association and league while acting appropriately.
 

There are National official rules and processes that are to be followed. None of which were. I received a phone call today from the head coach. The president stated,” lets wash our hands of this. Tell me to drop the civil case and he will back off my son and let him play.” I find this to be insulting on top of the embarrassment and public humiliation they just put him through at his game yesterday. He feels a great disappointment within himself and within an organization he supported for the past four years. I ask him what he wanted to do, and he said,” I want to do the right thing. I don't think I should take blame for something I did not do. I would rather not play then admit t what they did to me was OK. Others kids would be vulnerable to attacks like mine if they are not punished.”

Ok, This does change the scenario somewhat. If your son was not hanging with this group, but simply among a group waiting to be picked up, even if he did nothing to stop it, then he isn't guilty of anything but self preservation.

I think you do have a defamation of character case against the board, since they were represented by the President. It appears he's already running scared with his offer. I would make a counter offer. Have the president issue a written and oral apology at the next game absolving your son of any guilt in the incident and applauding his civic mindedness in reporting the incident and you will drop the defmation of character suit.