A former high school athletic trainer has sued the Windham Southeast Supervisory Union (WSSU), an administrative organization that provides support and services for several educational institutions in Vermont, claiming she resigned under pressure after coaches were dismissive of her measures and concerns regarding traumatic brain injuries suffered by the athletes under her care.
Jaclyn Penson, a resident of New Hampshire, filed suit March 3 in federal court in Vermont, alleging wrongful termination in violation of Vermont’s public policy mandating protection of student athletes participating in school athletic programs.
The plaintiff, represented by attorney Norman E. Watts of Watts, is seeking a jury trial, judgment, and an award from her supervisory union for lost compensation and benefits as well as damages, attorney’s fees and court costs.
Penson began her nearly 4-year tenure at Brattleboro Union High School in 2016. She was designated an “allied health care provider” under Vermont law. Her duties included “promoting and implementing an effective athletic training program; providing first aid, injury evaluation diagnosis and assessments, treatment, rehabilitation, and reconditioning for student athletes; and protecting student athletes from serious injuries,” according to the lawsuit. She was also required “to implement, administer, supervise, and update concussion protocols for student athletes and maintain an emergency action plan.” She also was responsible for supervising “the clearance on injured athletes prior to and during the sports seasons,” as well as “the required training and certifications of all coaches and (coordinating) their professional development.”
The complaint continued: “Although plaintiff was charged with the aforementioned responsibilities and enforcement of safety protocols for student athletes, some of defendant’s athletic coaches minimized the protocols and even prevented her from performing the required functions.”
In particular, Penson alleged that varsity boys’ hockey coach Eric Libardoni “actively discouraged students from consulting” with her for examinations or treatments for potential injuries.
“Libardoni intimidated students and they became intimidated and leery of consulting with plaintiff about an injury or potential injury,” according to the lawsuit. “Coach Libardoni’s practice was disconcerting for plaintiff, especially when students had head injuries or potential head injuries.”
She cited one instance when a fist fight broke out between two student athletes in a hockey game. Penson intervened, when neither coach did, and determined that one of the players suffered a concussion. She further alleged that Libardoni “verbally assaulted” her, “creating a hostile environment that made it difficult to implement concussion protocol and therefore prevent further injury to the athlete.”
In addition, Penson claimed that “on at least one occasion, Libardoni refused medical examination or treatment for youngster who hit their head on the arena ice; he prevented plaintiff and another employee for defendant, the away-team athletic trainer, from examining or treating the child.”
Penson added that, overall, coaches “actively discouraged” her “from implementing safety measures for student athletes, where student athletes suffered serious head and bodily injuries.”
In response, Penson reported her concerns to BUHS Athletic Director Chris Sawyer, who also coached the lacrosse team, but she was “physically blocked” from access to his team. This “forced” Penson “to report the breach of protocol and seek intervention from the school principal.”
Ultimately, Penson reported the actions to the Vermont Agency of Education and the supervisory union. But before action could be taken, the “defendant revealed her complaints to various individuals, and they became common knowledge.”
When Penson “finally realized that school authorities had no intention of curtailing Libardoni’s threats and abuse towards students or his intimidation towards her, she resigned,” according to the complaint.
In sum, Penson alleged that conduct within the supervisory union “created an intolerable working situation,” and “breached the public policy mandating protection for the health and safety of defendant’s student athletes.”
