SPORT LAW A MANAGERIAL APPROACH Sharp Moorman Claussen

SPORT LAW: A MANAGERIAL APPROACH Sharp – Moorman – Claussen Holcomb & Hathaway Publisher

WHY STUDY THE LAW ▪ As an executive, head coach, administrator, recreation coordinator, physical therapist, athletic trainer, and others you can be overwhelmed with being competent in legal implications. ▪ 1. The law is woven into the fabric of sports. (1. Bring article or that includes sport and a legal issue together). ▪ 2. Administrators need to understand the legal system. ▪ 3. Administrators need to avoid lawsuits. ▪ 4. Have the ability to use it as a tool. ▪ 5. Use the law as a guide to create better policies and procedures in an organization. ▪ 6. Use the law to make your organization safer and a more hospitable environment for clients, employees, and constituencies.

ANSWER THESE QUESTIONS ▪ 1. Do you need to have an AED in the facility? ▪ 2. Must you have a policy/procedures for crowd control and insure safety? ▪ 3. What level of insurance do you need for your athletes? ▪ 4. The ADA law is a law that keeps the legal age of drinking at the current age limit now. 5. The ADEA is a law that requires all 18 years old men to register for future military drafts.

ANSWERS ▪ 1. All fifty states have enacted laws and/or regulations requiring that public gathering places have AEDs available. California, for example, requires that all health clubs carry AEDs. Many schools, airports and sports arenas have them as well. Florida was the first state to enact AED laws in 1997. Each state provides Good Samaritan protection as well as legislation requirements for establishing an AED program. ▪ 2. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing their workers with safe and healthy workplaces. The Occupational Safety and Health Administration (OSHA) encourages employers to adopt effective safety and health management systems to identify and eliminate work-related hazards, including those caused by large crowds at retail sales events. ▪ 3. College athletes' rights: NCAA requires health insurance, but schools decide what to pay. Each state have enacted laws to mandate schools providing insurance for their athletes. ▪ 4. False ▪ 5. False

SITUATION LEGAL THEORY SAMPLES OF LEGAL ISSUES RELATED TO SPORT AND RECREATION MATCHING QUIZ 1. NCAA student- athlete sues NCAA for using his likeness in a video game. Title IX 2. A company terminates an endorsement contract with an athlete who was accused of criminal conduct. Occupational Safety and Health Act of 1970 3. A school eliminate a women’s team. Contract law 4. A female tennis coach should be paid the same as a male tennis coach. Criminal Law 5. A youth sport league was liable for a coach molesting a player. Equal Pay Act 6. A health club and the manufacturer of an equipment are liable for injury. Tort Law 7. Congress investigates the fairness of the Bowl Championship Series Anti-trust law 8. All businesses must eliminate hazardous environment. Tort Law & Product Liability Rights of Publicity PRE-TEST

▪ 1. NCAA student- athlete sues NCAA for using his likeness in a video game ▪. Right to publicity ▪ 2. A company terminates an endorsement contract with an athlete who was accused of criminal conduct. ▪ Contract Law ▪ 3. A school eliminate a women’s tennis team. ▪. Title IX ▪ 4. A female tennis coach should be paid the same as a male tennis coach. ▪ Equal Pay Act ▪ 5. A youth sport league discovered a coach had molesting a player. ▪ Tort law-negligence in hiring ▪ 6. A health club and the manufacturer of an equipment are liable for injury. ▪ Tort Law & product liability ▪ 7. Congress investigates the fairness of the Bowl Championship Series ▪ Anti-trust law ▪ 8. All businesses must eliminate hazardous environment.

CHAPTER 1 INTRODUCTION

SPORT LAW TERMINOLOGIES ▪ Preventive Law ▪ Legal Audit ▪ Risk Assessment ▪ Risk Evaluation ▪ Risk Elimination ▪ Risk Retention ▪ Risk Transfer ▪ Risk control ▪ Managerial Law Preventive Law Process

THE CHALLENGER DISASTER 1986

NASA CULTURE BLAMED IN SHUTTLE REPORT (2003) ▪ The NASA culture was one of: ▪ A. schedule driven; ▪ B. starved for funds; ▪ C. insufficient safety program; ▪ D. the culture haven’t changed since the 1986 Challenger Disaster; ▪ E. flawed embedded practices in the organization for twenty years; ▪ G. being responsible for the Columbia 2003 disaster and the deaths of seven astronauts.

PREVENTIVE LAW: Preventive Law: looks at all the risks that could affect the institutions financial health.

PREVENTIVE LAW PROCESS ▪ 1. Risk identification ▪ 2. An assessment of the risk ▪ 3. The risk are identified ▪ 4. The risk are evaluation ▪ 5. A preventive law plan is designed ▪ 6. The preventive law plan is implemented

RISK IDENTIFICATION – IS A LEGAL AUDIT ▪ “PERSONAL INJURY IS THE PRIME ISSUE BECAUSE OF THE NATURE OF SPORTS. ” ▪ First step in this section is to have a consultant develop a list of possible liabilities concerns. (refer to page 15 - 16 for a hypothetical situation and list) ▪ DISCUSSION OF LIST ▪ Hypothetical List Categories: Employment Issues ▪ Facility Issues ▪ Premise Liability Client/Participant Concern Intellectual Property/Advertising

RISK ASSESSMENT ▪ Risk assessment is the assessment done by looking at the organizations litigation history. This assessment process includes: ▪ 1. Research prior litigations. ▪ 2. Look at the type of litigations against similar organizations. ▪ 3. Keep current on litigations through industry and trade books (Athletic Business)

RISKS OF FOOTBALL PARTICIPANTS.

DEVELOPMENT OF THE PREVENTIVE LAW PLAN ▪ There are (4) strategies to coping with risks: ▪ 1. Risk Elimination – Is used when the risk outweighs the benefits of retaining the activity or program. 2. Risk Retention – means your organization decides to bear the financial consequences (Catastrophic Insurance). ▪ 3. Risk Transfer – when the organization shifts possible loss to another party. (Independent contractor & waiver). ▪ 4. Risk Control – what you identified in your legal audit with ways to minimize it.

IMPLEMENTATION OF THE PREVENTIVE LAW PLAN This is a managerial tool for attaining competitive advantage for your organization. The key elements of the plan are: 1. Develop effective policies and procedures. 2. Draft contracts that protect your program. 3. Design an effective training program. 4. Develop evaluation procedures. 5. Review strategies on p. 20.

TEST QUESTIONS /TRUE OR FALSE ▪ . 1. Risk Management is the function or process by which an organization identifies and manage the risk of liabilities that rise from its activities. 2. Adopting a “preventive law” view encompasses a broader view of all risks that could affect an institution. 3. The first step in the preventive law process is to engage in risk evaluation. 4. Risk assessment deals with the determining the probability that particular risks will result in claims and the magnitude of the potential liability arising from those claims. 5. Risk transfer means that your organization chooses to bear the financial consequences of an activity. 6. Risk control involves the actual reduction of risk. 7. Risk evaluation involves the use of methods to transfer risks of financial loss to another party. 8. Risk elimination is the method most commonly adopted to cope with risks. 9. The preventive law plan should be in line with your organization’s core values. 10. The preventive law process should be undertaken only once and then forgotten.

ANSWERS _T___1. _T___2. _F___3. _F___4. __F__5. __T__6. __F__7. _T___8. __T__9. _F__10.

CASE STUDY Page : ______ Class Discussion and report due back. Group 1 Group 2 Group 3 Group 4 Group 5