Athletics - cdn.ymaws.com

ATHLETICS

WASBO

December 15, 2016

Presented by Chris Burton M. Ed., JD

The purpose of this presentation and handout is an educational overview. Nothing in either should be construed as specific

legal advice for a particular situation. Sound legal advice requires an understanding of all the facts of a particular

situation, something that cannot occur in this educational presentation.

Prepared for

Governing Authority

Federal Law and Regulations

State Law and Regulations

Case Law (Stare Decisis)

Federal Agency Guidance (DOE, OCR, DOL)

State Agency Guidance (OSPI, SOS, SAO)

Collective Bargaining Agreements

Board Governing Policies

Contracts/Materials (Vendor, Facility Use)

District Regulations/Procedures

Job Description

Progressive Discipline

Widely Known Workplace Rules

Letters of Direction

Past Practice

Professional Service Organization principles

Religious Expression

Whether a coach was engaging in a legally

impermissible religious activity by impliedly

promoting religion to or coercing participation

in a religious activity by the players or

whether a coach was engaging in a legally

permissible private religious activity

independent of his role as a government

employee.

Fact Dependent

■ Leading a prayer

■ Engaged in prayer

■ Participating in Prayer

■ Private

■ Inclusive

■ Proselytizing

■ https://www.nfhs.org/articles/prayer-religion-related-activities-at-school-athletics-events/

Governing Authority

■ Wash. Constitution Art. I, 11 In part reads “…..No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment….”

■ RCW 28A.600.025- in part reads (1)….School personnel may not subject an individual student who expresses religious beliefs or opinions in accordance with this section to any form of retribution or negative consequence and may not penalize the student's standing, evaluations, or privileges….; (2).... No officer, employee, agent, or contractor of a school district may impose his or her religious beliefs on any student in class work, homework, evaluations or tests, extracurricular activities, or other activities under the auspices of the school district.

■ WSSDA Model Policy 2340

■ Coaches Handbooks - Maintain Religious Neutrality - Respect the rights of students to engage or not engage in voluntary private prayer in conjunction with athletic practices or events. Avoid initiating, leading, participating, or allowing any non-students (parents, clergy, youth leaders) to initiate or lead student athletes in prayer in conjunction with athletic practices or events.

Supervision

Legal Duties of Coaches

1. Duty to Plan

2. Duty to Supervise

3. Duty to Assess Athletes Readiness for Practice and Competition

4. Duty to Maintain Safe Playing Conditions

5. Duty to Provide Safe Equipment

6. Duty to Instruct Properly

7. Duty to Match Athletes

8. Duty to Condition Properly

9. Duty to Warn

10. Duty to Ensure Athletes are Covered by Injury Insurance

11. Duty to Provide Emergency Care

12. Duty to Design a Proper Emergency Response Plan

13. Duty to Provide Proper Transportation

14. Duty to Select, Train, and Supervise Coaches

SupervisionCoaches must be present to supervise in locker rooms and practiceareas, before, during, and after games, in transportation situationson buses and in bus-loading areas, during overnight staysnecessitated by attendance at tournaments out of town, and any timethat they are serving in an official capacity representing the school.

Coaches must be aware of and alert to the behavior of their athletesbefore and after practice, on buses, and in between events, and thatmeans having an active presence and visible supervision of theproximous area.

Establish consistent supervisory practices that are used for all sportsfor supervision in all circumstances.

Supervision – Blind Spots

■ Before, during, and after the Varsity game when JV, C, and freshman play at the same location

o Sitting in one location

o Staying behind in locker room

o Concussion – When in Doubt Hold Them Out

o Behavior expectations

Coach is opposite gender of student athletes

o Behavior Expectations

o Student leaders

o Emergency Instructions

Buses

o Where the coach sits

o Remain engaged in active supervision or designate the supervision

Vans to tournaments

Supervision – Blind Spots

■ Travel where the team is staying at commercial accommodations.

– WIAA Handbook 17.10.5 ”Participation in summer programs cannot be a requirement or condition of

participation on a school team,” and the need to pre-book travel plans and or submit intineraries

– A commonly held ratio of chaperones accompany the team at one chaperone to every ten students.

– Actively chaperone, and not a vacation.

– Athletes must understand that all school and athletic code rules regarding alcohol or drugs apply.

– Student Behavior Expectations including social media

– Emergency Response Plans in place (reasonably anticipate) – Group Texting

Open Gyms and Weight Rooms

A coach or instructor will often urge the student to go beyond what the student

has already mastered; that is the nature of (inherent in) sports instruction."

(Allan v. Snow Summit, Inc. (1996) 51 Cal. App. 4th 1358, 1368-1369.)

"There is nothing tortious about a coach who pushes student athletes to keep

trying even when they are tired or upset. Instruction . . . necessarily requires

pushing a student to move more quickly, attempt a new move, or take some

other action that the student previously may not have attempted. That an

instructor might ask a student to do more than the student can manage is an

inherent risk of the activity. Absent evidence of recklessness, or other risk-

increasing conduct, liability should not be imposed simply because an instructor

asked the student to take action beyond what, with hindsight, is found to have

been the student's abilities. To hold otherwise would discourage instructors from

requiring students to stretch, and thus to learn, and would have a generally

deleterious effect on the sport as a whole."

School Support Organizations

School Support Organizations

■ Policy and or administrative Regulation 4120

The following guidelines are provided for use by PTA/PTSA and/or Booster Clubs which are involved in

fundraising activities.

Local PTAs/ PTSAs and Booster Clubs must be incorporated as nonprofit organizations and

encouraged to become a recognized 501 (c) 3 or 501 (c) 4 with the Internal Revenue Service. Given

such incorporation the District recognizes the local school PTAs/PTSAs and the official parent Booster

Clubs of Issaquah High School, Liberty High School, and Skyline High School. All other related Booster

Clubs and special interest organizations must come under the umbrella of the recognized high school

Booster Clubs.

■ Although these groups may not be directly governed by the school district, theyshould be recognized by the local school board as “real” organizations.Oftentimes, there is a main PTA/PTO/Booster group that is a recognized501(c)(3) and other smaller support groups should fall under their guidelines.

■ School Support Groups must also follow local school districtpolicies/regulations and procedures, especially when renting district facilities,gifting donations, or involving student groups.

■ Purchasing of a liability insurance policy is highly recommended, and may berequired by school board policy.

■ School Support Groups need to be aware of equity issues when donatingmoney and/or equipment to the school’s athletic teams. Title IX issues forequity come into play when donations favor one segment of athletics overanother, i.e. boy’s sports over girl’s sports.

School Support Organizations■ Title IX requires the District to ensure that boys’ and girls’ athletic programs receive equivalent benefits

and opportunities.

■ Title IX compliance is measured on a program-wide, not sport-specific basis, although significant disparities between individual sports may indicate a program-wide problem.

■ The District’s Title IX obligations apply to all funds distributed to its athletic programs, regardless of the source.

■ The District’s lack of direct oversight or control over the source and distribution of funds is irrelevant to its obligations under Title IX.

■ Require that all booster club board presidents, athletic directors, and coaches participate in periodic trainings regarding fundraising, equal opportunity, and the District’s obligations under Title IX

■ Consider consultation with Title IX Compliance Officer. Offer and/or require the booster clubs to meet regularly with the Title IX compliance officer.

■ Consider requiring each booster club operating for the benefit of a District school or team to provide a regular accounting of the funds distributed to the school and/or team.

■ Consider having the Athletic Directors remind coaching staff of their conflict of interest obligations.

■ Consider convening an advisory committee comprised of school officials, athletic directors, coaches, parents, and participants from each booster club to evaluate the District’s fundraising policies

Harassment, Intimidation, and Bullying

A beloved high school baseball coach is under fire after a group of parents banded together, hired an attorney, and accused him of bullying their children. Baseball genius? Tough taskmaster? Or bully? Depends on who you ask.

Cassidy Olson, the coach at Mira Costa High School in Manhattan Beach, has been suspended following allegations he bullies and verbally abuses his team.

CBS2 and KCAL9 reporter Kristine Lazar said despite the allegations the coach has a strong group of supporters. Said one parent, “I think he’s strict, I think he’s firm, I think he’s fair.”

Christian Carruthers, one of his players said, “He pushes you to do your best. He’s a good coach.” The player believed the disgruntled parents were upset their sons weren’t getting enough playing time. And he said he’s “never” felt bullied.

The coach’s detractors are also not keeping quiet. Parent Francine Clebowicz says the coach made her son play on an injured knee and that his discipline goes too far. She says her son was disciplined for wanting to leave practice early to go to physical therapy. “Coach Olson stopped the practice because my son was leaving … and he screamed at my son. And the coach was holding a ball and he threw it into the batting cage while there was a player still there.” Until the suspension is lifted — sometime at the end of March — the coach is unable to have contact with his players after 3 p.m.

An attorney for the parents, Joseph Di Monda said, “He’s not preparing a [Navy] Seals team. He’s preparing a high school baseball team.” The coach told Lazar, “This has never been about mistreatment of kids, it’s about some disappointed parents.”

He denies all the allegations against him. “In this day and age,” he believes, “if you hold people accountable, sometimes you make enemies.” Both sides will take their case to the school board next week.

The District is committed to a safe and civil educational environment for all students,

that is free from harassment, intimidation or bullying.

A. Harassment/Intimidation/Bullying Defined

“Harassment, intimidation or bullying” is defined for purposes of this policy as any

intentional written message or image – including those that are electronically

transmitted, verbal or physical act, including but not limited to one shown to be

motivated by race, color, religion, ancestry, national origin, gender, sexual

orientation or mental or physical disability, or other distinguishing characteristics,

when the act:

(a) Physically harms a student or damages the student’s property; or

(b) Has the effect of substantially interfering with a student’s education; or

(c) Is so severe, persistent, or pervasive that it creates an intimidating or

threatening educational environment; or

(d) Has the effect of substantially disrupting the orderly operation of the

school.

Ascertaining The Facts

■ Our investigation revealed that within hours of the incident, Coach ________

apologized to the tutor and athletes who were present in the study hall room, and

self-reported the incident to members of the academic support staff and to Coach

______.

Ascertaining The Facts

■ According to Coach _____ and others, Coach _____ attempted to contact the

student to apologize that same evening. The student confirmed that Coach

attempted to contact him that evening, and that he did not respond.

■ The witnesses with whom we spoke, including the student, universally stated that

__________ did not complain or report the incident to anyone on the football staff.

Ascertaining The Facts

■ Nevertheless, the next day, Coach ________ reprimanded Coach _______ and

specifically addressed the situation during a meeting with the entire coaching

staff.

■ Coach ________ believed the matter had been resolved. Approximately six

months later, in late August 2013, the student told his parents he was

unhappy because he did not get enough reps at training camp. The student’s

father asked the student who the defensive coordinator was and if anything

had happened between them. The student told his father about what

occurred in the spring study hall session and the father’s response was that

the incident must be the reason the student was not getting many reps or

playing opportunities. On August 25th

Is it or isn’t it?

28. During the period plaintiff was on The Team until plaintiff was forced to leavethe University, which was a period of approximately two years, defendant wasverbally, emotionally and physically abusive to plaintiff as well as to other playerson The Team.

29. At an initial team meeting in the Fall of 2011, a psychological professionalwas brought in purportedly to meet with The Team to learn to deal with teamchemistry. Subsequently it was revealed that the only "team chemistry" issueswere the players' distress with defendant outrageous and abusive behavior, ofwhich the University was aware.

30. Defendant, especially during games, including those in the State of____________, would act in an outrageous manner in his yelling, ranting,screaming and hysterics directed towards the players as well as game referees,which prompted players on opposing teams to remark: "your coach is crazy",among other comments.

Is it or isn’t it?

35. Defendant repeatedly and in anger deliberately physically shook plaintiff

and other players by the shoulders.

36. Defendant repeatedly and violently yanked and pulled plaintiff by her

shirt collar and strongly squeezed the back of her neck causing pain while

barking instructions in her face at close range.

Summer Athletics

WIAA

■ 13.6.0 The responsibility and liability of summer

and/or out-‐of-‐season activities are those of the

local school districts and sponsoring individual(s) or

organizations.

Employee

Agent of Non-Profit (AAU, Booster Club, Select)

Independent Contractor

WIAA

■ 17.9.0 SPORT CAMPS OR CLINICS -‐ Participants in a school-

‐sponsored sport may attend camps or clinics.

– 17.9.1 If the participant’s coach is an organizer of a camp or

clinic, the participant may attend only if it is offered during the

summer or during the season in which that sport is offered.

– 17.9.2 Participation in a sport camp or clinic cannot be a

requirement or condition of participation on a school team.

WIAA

■ PHILOSOPHY OF SUMMER ACTIVITIES: Students may be afforded the opportunity to participate in activitiesduring the summer if they so choose. Students should also be provided with an opportunity to participatewith their families during the summer or simply take a break from sports prior to the start of fall sportsturnouts….[……]

– 17.10.1 Coaches may conduct activities during the summer on their own, as individuals.

– 17.10.2 School districts may authorize the use of facilities, school equipment (such as football helmets andshoulder pads, balls, etc), sport specific apparatus (such as batting cages, football sleds, nets, etc),facilities, and/or transportation for individuals and/or teams during the summer if approved by the localschool board.

– 17.10.3 School districts may provide liability insurance for summer programs.

– 17.10.4 School districts may not allow for the use of school uniforms during the summer. Uniforms areconsidered to be the school issued contest uniform (practice or shooting shirts are not classified as schooluniforms) and are defined in the adopted rule book for each specific sport.

– 17.10.5 Participation in summer programs cannot be a requirement or condition of participation on aschool team.

…..But wait

■ WAC 181-87-090

Improper remunerative conduct.

“Any deliberate act in the course of professional

practice which requires or pressures students to

purchase equipment, supplies, or services from the

education practitioner in a private remunerative

capacity is an act of unprofessional conduct.”

Summer Activity – Blind Spots

■ What are they doing and where are they doing it at

■ Board authorization

■ Incoming 9th graders

■ Not enough student athletes at a given event

■ Summer concession stands

■ Transportation Contracts

■ Coach conduct

■ Student conduct jurisdiction - The following rules apply to all student-athletes participating in interscholastic activities and specific extra-curricular activities. These rules will apply to all student-athletes, cheer,dance, and drill members, at all times throughout the school year, includingin season, out of season, and between seasons. The school year is definedas beginning with fall tryouts through the last day of school and will includeany school- sponsored summer activities or any private activity/camp thatdisrupts or impacts the school team or the school educational process.