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Touching Tennis Tales
Marjorie Corman Aaron
This negotiation simulation presents a criminal case in which a young man (age 24)–Matthew Miller – became entangled with a female high school senior (age 17) – Jane Dowd -and state sexual predator laws, as they apply to school coaches. Mr. Miller is a skilled and avid tennis player. He had been a high school Spanish teacher and women’s tennis coach and was aware of state law prohibitions against teachers having sexual contact with a student. After a few years of teaching, Miller took a job in tech but continued to coach the women’s tennis team. There’s no dispute that there was mutual attraction and plenty of flirting between Miller and Dowd.
At some point, Miller suggests a private, paid tennis lesson for Dowd on a Saturday – a relatively common practice among school tennis coaches. Dowd secures her mother’s permission, and the tennis lesson occurs. After the lesson, Miller offers to drive Dowd home; Dowd invites him in, knowing her mother will not be there. After a cold drink and friendly banter, they talk about “fooling around” and proceed up to the bedroom. From a negotiation and plea-bargaining perspective, the attorneys must attempt to meet their clients’ interests.
Touching Tennis Tales Negotiation: Teaching Note (PDF)
Touching Tennis Tales Negotiation: Confidential information for Defense Counsel (PDF)
Touching Tennis Tales Negotiation: Confidential information for the Prosecution (PDF)