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Private & Independent Schools
Reply to "Pay-to-Play Sport at Private HS employing club coach - what's normal?"
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[quote=Anonymous]This subject is interesting for many reasons. One is the issue of how parents approach high school and club sports. I think there tends to be a split between those whose kids play “major” American sports and those who play other sports. Think football/basketball/baseball vs soccer/lax/tennis/etc. I think the first group still views sports as something their kids may be able to do professionally, whereas the latter group more likely views sports as something that can help their kids get into the best colleges possible. I’m a bit biased because my kids are in the latter group. They also are at independent schools that emphasize academics, not WCAC powerhouses that are trying to groom kids for ESPN. I would not tolerate what posters are describing as the norm at St Johns. More parents need to think academics first. These sports factories will continue to do what they’re doing as long as parents keep paying tuition and otherwise supporting them. There’s another reason I’m intrigued by this string of posts. Posters have focused on whether coaches forcing students to pay their private companies is morally acceptable, but I haven’t heard anyone question the legality of it. I’m an attorney and think it is pretty clear that what they are doing is illegal. Private high schools are tax-exempt 501(c)(3) organizations that are subject to certain legal requirements. One is that they must be established and operated for public benefit, not private benefit. When an employee of the school uses his or her position to require students to pay him or her on the side, they are violating the private benefit doctrine. The ultimate penalty is the school’s loss of its tax-exempt status. Less severe penalties include financial penalties for the individual (here the coach) as well as anyone in a leadership position that is allowing this to occur (think board of directors/trustees). Setting aside the fact that what they’re doing is morally reprehensible, if I were the school’s counsel I would advise the school to change its ways and eliminate these practices because they are putting the school in legal jeopardy. [/quote]
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