Today’s question to the Dawg gives us the opportunity to expand on the meaning of the word “scintilla.” One of the Commissioner decisions that is familiar to all school lawyers is the 1985 case of Hester v. Canadian ISD. That’s the case where the Commissioner held that “when considered in a vacuum, a poor record does not constitute even a scintilla of evidence that bad coaching was responsible for that record. Too many other factors influence a won-loss [sic] record over which the coach has no control."
The Canadian case involved the proposed nonrenewal of an assistant coach after the entire season. If the full season record is not even a “scintilla” of evidence, then we think it’s pretty clear that losing the first two games is short of the mark.
So our legal advice on this one is: CHILL. And best of luck tonight.
DAWG BONE: “SCINTILLA” IS DEFINED AS “A MINUTE PARTICLE.” LOSING THE FIRST TWO GAMES OF THE YEAR DOES NOT AMOUNT TO A MINUTE PARTICLE OF EVIDENCE ABOUT THE COACH. CHILL.
File this one under: NONRENEWAL