MEMORANDUM

To: Attorney Jody L. Cooper

From: Sarah Butcher, paralegal
Re: Hawk Valley School – Soccer Team Policy
Date: March 11, 2019

Facts:
Hawk Valley School has a policy that the school’s soccer team is for male students only. A
female student has made a complaint to the school because of this policy.

Issue:
Can a school enforce a policy, that excludes a female student be from the male only sports team,
if there are no comparable programs for females without violating state administrative rules?

Rules:
Enacted Law:
According to the Wisconsin Administrative Code, policies developed should prohibit
discriminating against pupils.

“The policies shall include the following areas:

(a) Admission to any school, class, program or activity. This does not prohibit placing a pupil in
a school, class, program or activity based on objective standards of individual performance or
need,” and;
“(h) Opportunity for participation in athletic programs or activities. This does not prohibit
separate programs in interscholastic athletics for males and females, but the programs shall be
comparable in type, scope and support from the school district.” Wis. Adm. Code § PI
9.03(1)(a), (h) (2019).

Application:
The Wisconsin Administrative Code in reference to this matter is very clearly outlined:

(1) Admission to a program or activity cannot be governed by discriminatory policies – the

program or activity in this case is the soccer team. The discriminatory policy would be the
prohibition of females from said soccer team.
(2) Opportunities for participation in athletic programs cannot be governed by
discriminatory policies – the male only soccer team policy discriminates against female
participation.
(3) Wis. Adm. Code § PI 9.03(1)(h) does not prohibit the separation of males and females,
but requires that there be comparable programs for both – unless there is a soccer team for
females, or a comparable activity (i.e. baseball and softball are comparable), then the school
district is not able to enforce a policy that prohibits a female from being on the soccer team.

Conclusion:
No, a school cannot enforce a policy that excludes females from a sports team if there are no
other comparable programs.
 MEMORANDUM

To: Attorney Jody L. Cooper

From: Sarah Butcher, paralegal
Re: James and Donna Hahn, Family Day Care
Date: March 11, 2019

Facts:
James and Donna Hahn want to open a family day care, but they need to know the provisions in
the Administrative Code to meet health, safety, and welfare standards of the children being cared
for. They will be operating for 3.5 hours per week.

Issue:
What regulations, set forth by the Wisconsin Administrative Code, does a family day care center,
which operates for 3.5 hours per week, need to abide by?

Rules:
Enacted Law:
According to Wis. Adm. Code § DCF 250.02 (2019),

“(1) INCLUDED AND EXCLUDED CARE ARRANGEMENTS. This chapter applies to all
family child care centers, but does not include any of the following:

(a) Care and supervision of children in a program that operates no more than 4 hours a week.”

Application:

The applicability exemptions of this chapter of the Wisconsin Administrative Code clearly
indicate that a care and supervision program that operates no more than 4 hours per week,
specifically in reference to Family Child Care Centers, is exempt from the regulations put forth
by the DCF.

James and Donna Hahn want to open a family day care that operates no more than 3.5 hours per
week, putting them into the category of being exempt from the aforementioned regulations.

Conclusion:
There are no regulations that James and Donna Hahn need to follow under the Wisconsin
Administrative Code.
 Part II
2. Provide citations for the following using Bluebook format and answer any questions
posed. Pay attention to what source of law you are directed to use.

a. Cite the statute that describes the offense of burglary in the state of Wisconsin.

b. Cite the statute that allows for a civil remedy of a criminal act, specifically the
killing of a protected animal, in the state of Wisconsin.

c. Cite the statute that defines felony murder in the state of Wisconsin. What is the
definition?

d. Cite the section of the Wisconsin Administrative Code that deals with licensing of
dog sellers and dog facility operators.

e. Cite the section of the Wisconsin Administrative Code that sets the Child Support
Percentage of Income Standard. What are the percentages of support for 1, 2, 3, 4,
and 5 or more children?

f. Cite the section of the Wisconsin Administrative Code that governs sex offender
registration. What Wisconsin statute defines which persons this Administrative
Regulation applies to?