Sports Coach Abuse

[Ken Ryan]

Jurisdiction

Massachusetts

Can an emotionally abusive high school or youth sports coach be charged under the following law?

The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

"Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation"

I found a definition of caretaker. It means a related or nonrelated person who has the responsibility for the protection, care, or custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court.

 

[Zigner]

Your problem is trying to define emotional abuse and then prove that the coach is "emotionally abusive". Furthermore, the chances that any federal charges would be brought are virtually nil. This is a local matter.

 

[zddoodah]

Can an emotionally abusive high school or youth sports coach be charged under the following law?

First of all, "charged" implies a criminal action, and the statute in question is not a criminal statute. Rather, the statute appears to be part of a federal scheme relating to the reporting of information relating to child abuse and the provision of grants to states relating to the investigation of child abuse/neglect cases.

Second, the statute you cited is nothing more than a list of definitions. Even if it had relevance to a criminal law, it is not a statute under which a person could be charged.

Third, the language in quotes in your post appears nowhere in 42 U.S.C. section 5106g. It appears that you may have pulled this quote from a page at the Department of Health & Human Services' website. However, as you can see from the link, the quote is wrong.

Fourth, whether a person can or cannot be properly charged or sued under a particular statute depends on what exactly that person did, and you have provided no information in that regard. If you want to tell us (in a concise manner) what this coach allegedly did, what evidence exists, what your relationship is to the situation, what damages anyone suffered as a result, and what efforts have been made to deal with the situation through the school or league, then someone may be able to point you in the right direction.

 

[adjusterjack]

Can an emotionally abusive high school or youth sports coach be charged under the following law?

What, exactly, did the coach do?

When I was in the Army my drill sergeant was emotionally abusive. Made me do push-ups, insulted me when I didn't get things right, got my name wrong. I survived without running to mama.

Maybe the rigors of sports is too much for your kid.

 

[Red Kayak]

Your problem is trying to define emotional abuse and then prove that the coach is "emotionally abusive". Furthermore, the chances that any federal charges would be brought are virtually nil. This is a local matter.

Maybe it's a local matter, but maybe not.

Massachusetts is a small state. Depending on the nature of the sport and team, it might not be uncommon for athletic teams to compete out of state as well (a team my relative coaches competes in NH and MA). If the coach's questionable behavior occurred in more than one state, it might be considered an interstate issue.

Whether the behavior rises above the level of jerk to criminal is another story.

OP should first consider getting rid of the coach or voting with their feet.

It seems to be very difficult to get rid of some types of jerk coaches. My personal experience has been that hard working and caring coaches are easily let go because they aren't pandering to the adults. The jerks are kept active in the industry.

 

[justblue]

Can an emotionally abusive high school or youth sports coach be charged under the following law?

The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

"Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation"

I found a definition of caretaker. It means a related or nonrelated person who has the responsibility for the protection, care, or custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court.

Ken

Please clarify what the coach has done/said that you find abusive.
What age are the children involved?
Is the coach working for the school district?

 

[adjusterjack]

This thread reminds me of this scene from League of Their Own:

There's No Crying in Baseball - A League of Their Own (5/8) Movie CLIP (1992) HD - YouTube

 

[zddoodah]

By the way...

I found a definition of caretaker. It means a related or nonrelated person who has the responsibility for the protection, care, or custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court.

Even if this definition had any connection to the statute cited, it quite clearly would not apply to a "high school or youth sports coach."

 

[leslie82]

Let's clarify that yes, coaches and teachers can be emotionally abusive and some have been physically abusive. Emotional abuse is harder to prove than physical - but there are people in positions of being a teacher or coach who abuse that position. I understand some people probably come from a generation where you were taught to bury your feelings, especially men. I'm an older millennial so I was raised that way too and especially as a woman to not be "too emotional." I see some people trying to act like emotional abuse doesn't exist but it very much does. Even from coaches or teachers.

 

[adjusterjack]

I wonder if Ken will be back to answer my question.

What, exactly, did the coach do?