Charter School defeats misconduct claims but negligence case survives

His mother sued in September 2023. 

The dispute turned on the gap between what was required and what might have been prudent. Butler provided everything the Illinois High School Association mandated – helmets, shoulder pads, knee pads, padded pants, mouthpieces. Cups were not on the IHSA’s list. 

The coach testified he knew what cups were, had worn one for baseball but never football, and left the choice to parents. He had never seen a significant groin injury in his years of playing or coaching. 

The mother testified she asked her son if he needed a cup. He told her the coach said to get only cleats and a mouthguard. She went along with it, explaining she did not know much about the game. 

On the willful and wanton claims, the court affirmed summary judgment for the school and coach. Following IHSA guidelines did not amount to conscious disregard for safety, even if those precautions proved inadequate. A urologist had cited medical association standards requiring cups for contact sports, but the court found no evidence the school knew those standards existed.