District Rebuffs Calls to Bring Burgos Back to Tam Tennis Team

In the nearly three months since the against former Tam High tennis coach Norm Burgos , parents have launched an appeal for what might seem crazy to Burgos’ accusers.

Parents of current boys tennis players have made individual and collective efforts recently to bring Burgos back to the tennis program that he built into a powerhouse before a series of allegations led to his ouster.

But Tamalpais Union School District officials have rejected those requests multiple times, saying it conducted its own separate investigation of the 46-year-old Burgos and determined that it no longer wanted to employ him in any capacity. The district ultimately fired Burgos after he was arrested in 2008, and his attorneys have been preparing a wrongful termination lawsuit against the district since the criminal case was dismissed in December.

Thirty-two parents signed a letter to Tam High Principal Tom Drescher in mid-January asking to bring Burgos back as coach, with the support of current coach Bill Washauer, Burgos’ former assistant who took over the helm of the program when Burgos was suspended in August 2006.

“We are now joyfully at a point where all charges have been dropped,” the parents stated in the letter. “While we are grateful for the work of Bill Washauer in his absence, we await with urgent anticipation the return of Norm Burgos to his rightful place as varsity boys tennis coach.”

Drescher directed the parents to John Carroll, the district’s assistant superintendent for human resources, who said he has received numerous email and telephone requests from Tam tennis parents for Burgos to be allowed to rejoin the team in some capacity.

“Our investigation still stands,” Carroll said, drawing a distinction between the criminal proceeding and the district’s own investigation. “The standard for employment and anything criminal are different. The district is standing by that position.”

Burgos did not appeal the findings of that personnel investigation within the required 30 days of his termination, forfeiting his right to challenge the decision. But Burgos said he was unable to fight both battles at once, and that to challenge the district’s decision would have jeopardized his defense against the serious criminal charges against him.

That defense was ultimately successful. Burgos was charged in connection to allegations from two Tam students but prosecutor Lori Frugoli sought to connect those charges to the uncharged allegations of three other students.

Burgos was charged with lewd and lascivious conduct for an alleged body fat test performed in 2001 on a Tam student who claimed Burgos brushed his genitals. The second charge, of sexual battery by unlawful restraint, stemmed from one of Burgos' former tennis proteges’ claims that Burgos touched his genitals while giving him sports massages at Tam. 

Burgos faced up to six years in prison if he had been convicted of both crimes. Defense attorney Douglas Horngrad argued that Burgos was the victim of a homophobic domino effect over many years, with one accusation lighting the fuse for the next.

After a three-week trial, the 12-member jury decided after just two days that it had no chance of reaching the requisite unanimous decision on either count and Marin County Superior Court Judge Paul Haakenson declared a mistrial.

That's when the Tam parents went to work.

“This man has tremendous support among his players and their parents, past and present,” said Ron Ramin, whose son Oliver is a junior on the Tam tennis team. “And these are not stupid parents. They are successful, smart people who would never entrust their children with anyone who wasn’t reliable and supportive of their children.”

Ursula Edman, whose son Lukas plays doubles on the current Tam team, said her son had raved about Burgos for years, telling her that he was a fair, ethical, caring, professional and innovative teacher.

“I have watched him for nearly three years now be exactly what my son says,” Edman said. “I have never seen or heard any unprofessional conduct or conversation and he has taught my son invaluable life skills, great tennis and shown zero favoritism or inaccurate feedback.”

Washauer said he understood where the district was coming from and why it was taking its position.

“But I am deeply troubled that they have taken this stance,” he said. “It means that someone gets accused of doing something wrong and they are forever painted with that brush even if they fight off those charges and are exonerated. It’s disturbing to have a situation where someone is tarred with this brush and having fought it off is still tarred with this brush.”

As for Burgos himself, he continues to operate his private tennis academy in Sausalito and said half of the students have signed on since the trial began. Many of the Tam players receive private lessons from Burgos.

“As long as the parents and the players want me, I’m there,” Burgos said of the efforts to bring him back to Tam. “They stuck by me throughout this whole five-year process and my loyalty to them is unquestioned. To me, we’re a family and I’m going to stay loyal to them.”

When they were initially rebuffed in their attempts to get Burgos reinstated as the head coach, the parents and Washauer requested he come back as a volunteer assistant coach. Carroll said the vetting process for volunteer assistant coaches isn’t nearly as strict as for paid coaches.

“But this case is different,” he said. “The district’s position is that Mr. Burgos’ employment was terminated for good cause and to bring him back would compromise our position on that.”

Burgos said the district’s decision to deny him even a volunteer role with the team added fuel to the fire. He said his attorneys will be filing a wrongful termination lawsuit against the district seeking back pay within the next few weeks.

“I just want them to do it right by me,” Burgos said. “I definitely would like a public apology.

“The damage is permanent to my psyche and reputation – that’s not going to change,” he continued. “Personally, I know I did the right thing and I’ve never really cared about what other people thought about me. I’ve just tried to be the best person I can be. And I still have the love and support of the people that matter most to me.”