Cheerleader Who Refused to Root for Assailant Loses

Supreme Court won't hear her case after school kicked her off squad
By John Johnson,  Newser Staff
Posted May 3, 2011 2:13 PM CDT
The Supreme Court won't hear a cheerleader's appeal related to a sexual assault.   (Shutterstock)

(Newser) – A cheerleader in Texas who folded her hands rather than root for the player she accused of rape has lost her bid to have the Supreme Court hear her case, reports the San Francisco Chronicle. The girl sued the school after it kicked her off the cheerleading squad over her protest, but a federal appellate court ruled in the school's favor. The Supreme Court yesterday refused to consider the case.

The girl accused a star player on the school team of raping her at a party in 2008, and he subsequently pleaded guilty to misdemeanor assault and got a suspended sentence. When the girl refused to root for him during a 2009 game, the school told her to cheer or go home; she did neither, and was booted from the squad. The appellate court ruled in favor of the school because as a cheerleader, she served as a "mouthpiece for the school," notes Education Week. It also ordered her family to pay $45,000 to cover the school's legal fees.

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