The Court notes that the Defendants specifically objected to consideration by this Court of question of whether the phrase "conduct unbecoming an athlete" was vague on the ground that it was not within the issues raised by the pleadings. It is the Court's view that it is in the interest of justice to consider this particular claim given the emergency nature of this action. Defendants had an ample opportunity to rebut the claim and given the disposition made of this issue they have not been prejudiced by the Court's consideration of the matter. See F.R.Civ.P. 15(b).
Because the Court believes that Davis will suffer imminent and irreparable harm, the Court will direct that the decision of the Superintendent to suspend Davis for the remainder of the season be vacated and will order the decision of the coach and principal to suspend Davis indefinitely to be reinstated.
Davis has also requested that the Court declare Central Dauphin School District's discipline policy to be unconstitutional because it fails to assure students due process. The Court will not grant this relief because Davis was properly suspended by the coach and principal and the Court will vacate the decision of the Superintendent. Thus, Davis has no standing to seek this particular relief. Davis has sought an injunction preventing school officials from issuing future suspensions pursuant to the policy. Because the policies themselves do not appear invalid and because of the vacating of the Superintendent's decision, the Court will not grant this request. Finally, Davis has requested that the Defendants be ordered to remove references to the suspension from his record. Davis has not demonstrated that the reference to his suspension is improper and will cause him irreparable harm. Therefore, the Court will decline to grant this request for injunctive relief.
IV. Conclusions of Law.
1. Davis was afforded due process of law as required under the circumstances of this case because he understood the nature of the offense with which he was charged and was given several opportunities to be heard.
2. The disciplining of athletes is conferred upon the coach of the sport involved subject to the approval of the principal of the particular high school.
3. The Central Dauphin Athletic Policies do not expressly authorize the Superintendent of schools to discipline athletes.
4. Neither the Central Dauphin Athletic Association Policies nor the job description of the office of Superintendent of the school district adopted by the School Board impliedly authorizes the Superintendent of schools to discipline athletes.
5. The loss of the opportunity of Russell Davis to play basketball as a member of the team is irreparable.
6. The action of the Superintendent in suspending Russell Davis from basketball for the balance of the basketball season will be vacated.
7. The indefinite suspension of Russell Davis by Coach Harvey approved by Principal Chamberlin will be reinstated.
8. Coach Harvey has the power to terminate the suspension of Davis from the team with the approval of Principal Chamberlin.
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