LEGAL SUPPORT INFO

STEPS TO TAKE IF/WHEN AN ISSUE ARISES:

  1. When an issue arises, please right away call your FCA Area Representative. Let them know the situation including information such as who raised an issue, what was the complaint, what response did you give, and who else is involved. Most of the time you’ll first hear of the issue from another staff person at your school—a principal, the AD, an HR person—and won’t get to hear directly from the person or persons who raised the issue. The Area Rep will ratchet your experience up the chain right away so we are ready to mobilize the right resources quickly for you if and when they are needed.
  2. Get as much clarity as you can about the situation and be sure to include school administrators. Do so with a posture to seek to understand the question or concern. The issue arising at your school may be a matter that doesn’t need to rise to the level where legal counsel is engaged.
  3. FCA’s Campus Rights webpage lists the email address of our Legal Counsel. For any issue that doesn’t find a simple resolution, it will be appropriate to write them to summarize the issue as it’s happening so that we/you have support at every step. You can do this directly or the FCA Area Rep or Director can do it with/for you. Also on this page is the hotline number for the Alliance for Defending Freedom. We’ve used ADF recently here in the East Metro and they were fantastic to work with. They have attornies whose only role is to assist with challenges faced by FCA on our public school campuses.
  4. From there, every case will be unique and we’ll take guidance from FCA Legal, ADF, and the local staff leads.
  5. Please also follow whatever expectations your district has for you as you serve in the role of Advisor and as there are potential legal issues going on at their campus.

ADDITIONAL LEGAL RESOURCES

  • What rights does FCA have for a Huddle to meet on public high school campus?

    The rights of FCA Huddles in public high schools (secondary schools) are protected by the First Amendment to the U.S. Constitution and the Equal Access Act (“the Act”) passed by Congress in 1984.

  • What is the purpose of the Equal Access Act?

    The basic purpose of the Act is to put religious clubs on equal footing with all other student clubs by allowing them the same privileges and access to school facilities that other recognized student clubs enjoy. Once the school recognizes a single non-curriculum-related club, it is said to have created a “limited open forum,” triggering the Act and entitling all other qualified student clubs (like the FCA Huddle) to the same access and benefits of school facilities as that first club.


    A “qualified student club” is one which is student-initiated and student-led. Teachers and coaches can be involved only to monitor, facilitate, or supervise, and non-school persons cannot be regularly and directly involved in the meetings. The school still retains the ability to regulate and restrict clubs that “materially and substantially interfere with the orderly conduct of educational activities within the school."


    Religious student clubs are allowed in public schools because there is a difference between “… government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect.”


    Public Schools cannot exclude certain clubs based on their religious viewpoints or practices. Once a school allows access to any student club, school officials cannot deny recognition or benefits to some clubs (like FCA) based on students’ desires to exercise their religious freedom.

  • Who can be a Huddle leader?

    The Equal Access Act specifies that the clubs must be “voluntary and student-initiated.”Employees of the school may be present at religious meetings only in a non-participatory capacity.


    Therefore, students as Huddle leaders will always be allowed to participate without restriction. If a teacher or a coach is a Huddle leader, then he or she can attend meetings only to monitor, facilitate, and/or supervise. The activities of the meetings must be primarily led by students.

  • Can FCA have specific expectations of their leaders that require them to agree with the Statement of Faith or must adhere to a certain code of conduct?

    Yes, the First Amendment protects the right of student clubs to select their members and leaders based on their adherence to the club’s beliefs. The Supreme Court established that the First Amendment prevents the government from “interfering with the freedom of religious groups" to “select those who convey their message and carry, out their mission.” When religious student clubs select individuals, who share their religious beliefs to be leaders, they are exercising this religious freedom. Thus, schools violate the rights of religious students by requiring them to abandon their right to associate with persons who share their beliefs as a condition to receiving recognition as a student club.


    Two recent (2023 & 2024) court Cases support a faith requirement for FCA Student Leaders. The summary of both can be found at the end of this Campus Access information.

  • Does a school district’s non-discrimination policy take precedent over the students’ rights in the Equal Access Act?

    No, a school’s nondiscrimination policy does not trump the rights that students’ have under Equal Access.

  • How do I respond to schools/administrations that threaten to remove FCA from their campuses?

    First and foremost, it’s all about relationships. We want to maintain a healthy relationship with the local leaders, schools, and administrations in our communities while at the same time standing up for our rights. We lead with a spirit of humility and kindness always. In this spirit we can say confidently:

    “A gentle answer deflects anger, but harsh words make tempers flare.”

    ~Proverbs 15:1


  • As a staff person, how do I speak with school administrators, students and parents about FCA?

    The following come from FCA’s Christian Community Statement:

    • Faith Community: FCA is a Christian community that exercises Christian beliefs described in the FCA Statement of Faith. All FCA activities and events should express its beliefs and be rendered as a service to God.
    • God Values All People: FCA believes that all people are of great worth and value to God. All people have sinned and are in need of Christ’s forgiveness and restoration. Following Christ’s example, FCA strongly believes that every person should be treated with love, dignity, and respect.
    • All Welcomed: FCA invites everyone to participate in our ministry programs such as Huddle meetings, camps, Bible studies and events. All FCA activities are open to anyone regardless of their personal beliefs.
    • The Gospel is for All People: FCA believes the good news of Jesus Christ is for all people, therefore everyone is welcome to attend FCA ministry activities and events.
    • Compassion and Respect: FCA believes that every person must be afforded compassion, love, kindness, respect and dignity.
    • Negative Behaviors are not Biblical: Hateful and harassing behavior or attitudes directed toward any individual are not in accordance with the biblical beliefs of FCA.
    • Live the Values: All of our relationships will demonstrate steadfast commitment to Jesus Christ and His Word through Integrity, Serving, Teamwork and Excellence.

  • What do I say if school administrators or students expressed concerns about FCA?

    • FCA is open to everyone. We believe that all people should be treated with love, dignity, and respect. For 70 years, FCA has been serving and engaging coaches and athletes in local communities throughout the country as well as internationally.
    • Schools should be marketplaces of ideas, not an assembly line for one type of thought.
    • Students should be free to organize around their own beliefs and interests in the marketplace of ideas.
    • A school cannot treat some students worse than others simply because it doesn’t like their beliefs.
    • Everyone deserves dignity and respect. We can respect each other without demanding that everyone else agrees with us. We can disagree with people and still love them.
    • Tolerance is a two-way street. If we want respect for ourselves, we need to extend it to others.

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