IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
BETH A. SLOAN
by her parent Fred Sloan,
and
POWHATAN CHAPTER OF THE
FELLOWSHIP OF CHRISTIAN ATHLETES
Plaintiffs,
v.
Case No.
RICHARD COLE,
Individually and in his official capacity as
Principal of Powhatan High School, Powhatan, Virginia.
and
T. J. BISE,
In his official capacity as Chairman of Powhatan School Board
and
POWHATAN SCHOOL BOARD.
Defendants.
AFFIDAVIT
- Beth A. Sloan (hereinafter "Sloan") is a 17 year old student at Powhatan High
School (hereinafter "Powhatan") in Powhatan, Virginia and a resident and citizen
of Powhatan, Virginia, United States of America.
- Sloan is a member of a local club and chapter of Fellowship of Christian Athletes
(hereinafter "FCA").
- The local chapter of Fellowship of Christian Athletes is a club started by Powhatan
students.
- FCA is a student-led group whose purpose includes Christian fellowship, growth and
outreach whose membership is open to all.
- Under the policy and procedures of the Powhatan each club is required to have a faculty
or staff sponsor to provide adult supervision.
- The staff sponsor of FCA at Powhatan is Grace Sloan, an instructional assistant at
Powhatan.
- FCA is one of a number of club and unincorporated student associations, there being
approximately 20, which meet during regular school hours at Powhatan High School.
- Powhatan permits student clubs to operate and meet and to use school property for the
presentation of all views regarding student life while restricting those views which deal
with student life from a religious standpoint.
- FCA is similar to all other clubs at Powhatan except for its religious viewpoint and
religious purposes.
- As FCA is a student-led club, it does not speak for or transmit any message for
Powhatan.
- Numerous of the clubs and other unincorporated student associations request and receive
permission from the school to host guest speakers, including but not limited to the club
Family Career and Community Leaders of America ("FCCLA") and upon information
and belief the club Students Against Destructive Decisions ("SADD").
- Additionally clubs have brought in guest speakers and the school has permitted the
students to announce the coming of the guest speaker and to invite non-club members to
attend the special occasion, including but not limited to the Drama Club who just two (2)
weeks ago had an outside make-up artist speak and demonstrate the craft.
- Under the policy and procedures of Powhatan, clubs must submit requests for guest
speakers on a form approved by Powhatan and through the clubs sponsor.
- On October 27, 1999, at the request of the students, including Beth Sloan, by and
through their sponsor, Grace Sloan, FCA submitted the request for a quest speaker on the
appropriate form in the appropriate manner all consistent with the policy and procedures
of Powhatan.
- Exhibit 1 is a true and accurate copy of the request sheet.
- The permission for the speaker was requested for an event which is scheduled to take
place on November 18, 1999.
- The guest speaker is the Youth Pastor for Trinity Presbyterian Church and was to speak
on the topic of Christian growth.
- On November 2 or 3rd, 1999, Ms. Beverly Funn, the Assistant Principal, advised Grace
Sloan that she did not believe the club would be permitted to have the speaker, because
Mr. Richard Cole, Principal of Powhatan, did not want a Christian speaking in the clubs.
- When Grace Sloan advised Ms. Funn that she was concerned that other clubs were permitted
outside speakers and that a speakers religious affiliation or the fact that he was
religious was not an appropriate basis to deny the request, Beverly Funn stated that she
would talk with Richard Cole again.
- On November 10, 1999, FCA by and through their required sponsor, Grace Sloan, again
requested the approval and Beverly Funn advised her that she knew it was legal for FCA to
have the speaker but that it was Mr. Coles decision.
- On November 15, 1999, Mr. Cole advised Grace Sloan that FCA could not have the speaker
because he did not want a Christian to proselytize students. Mr. Cole further informed
Grace Sloan that FCA would no longer be permitted to announce their club activities or
meetings which were outside of school time.
- All other clubs are permitted to announce their activities which occur outside of school
time.
- Additionally, Cole has restrained FCA from announcing their club activities which
involve prayer.
- The school published a brochure listing and describing all of the student clubs. Each
club submitted a description of its purpose and activities. Mr. Cole refused to permit FCA
to describe in their words its purposes and activities while permitting all other clubs to
do so. Cole edited and removed speech which referenced the Bible including what they
described as their theme verse which was "Ephesians 5:1&2 Be imitators of
God, therefore as dearly loved children and live a life of love, just as Christ loved us
and gave himself up for us as a fragrant offering and sacrifice to God."
/s/ Beth A. Sloan
/s/ Grace Sloan |