Reference no: EM132257198

New Mexico High School is a public high school. Dyson Stevens, a senior at the high school, is point guard for the basketball team; Pauline Williams is a cheerleader. Last year, Pauline called the police, and claimed that she had been sexually assaulted by Dyson. She told the police that she and Dyson were at the same party, but not together. He cornered her in the bathroom, groped her, and began ripping her clothes off when someone came into the bathroom; Dyson fled. Dyson denied the charge, and said that they were initiating consensual sexual contact when they were interrupted. No charges were brought against Dyson.

A problem arose during the first basketball game of the season this year. Dyson had been fouled, and was at the free throw line. As was the custom, the cheerleaders were yelling him on, except for Pauline. She stepped back from the rest of the cheerleaders, turned her back to the court, and crossed her arms. Dyson took his shots, making the first one and missing the second.

Immediately afterwards, the basketball coach talked with the cheerleading coach, who then talked with Pauline. Pauline said that she was not going to cheer for someone who had tried to rape her. The coach said that she had to cheer for all of the players.

A few minutes later, Dyson was again fouled, the scene described above repeated itself; while Dyson took his free throw shots, Pauline stepped back from the rest of the cheerleaders, turned her back to the court, and crossed her arms.

Again, the cheerleading coach, this time joined by the high school principal, talked with Pauline. Again, she said that was not going to cheer for someone who tried to rape her. Again, the coach said that she had to cheer for all of the players. The principal then told her that unless she was going to cheer for all the players, including Dyson, she had no place on the cheerleading squad. She repeated that she would not cheer for Dyson. The coach then told her that she was cut from the team.

Pauline has now gone to meet with some lawyers, asking whether she can be cut from the high school cheerleading squad for refusing to cheer under the circumstance.

1. Identify the legal issue

2. Identify both sides of the legal issue; remember, each and every legal issue is seen/argued differently depending on what side of the issue you are on. Here you need to argue all sides of the issue.

3. Analyze both sides of the issue based on the legal precedent provided.