SPORT LAW

1. SPORT LAW

2. Tort Liability Tort � a private or civil wrong or injury, other than breach of contract, suffered due to another person's conduct Civil cases � duties owed to other members of society. In civil cases, the jury uses a "preponderance of the evidence� standard in making its judgment of guilty; usually involves monetary penalties; actions are not crimes.

3. Negligence The failure to act as a reasonable, up-to-date, and prudent person would act in similar circumstances (is an unintentional tort) Required for negligence A legal duty or standard of care A breach of the legal duty of care The breach of duty was the cause of the injury Actual loss, damage, or injury

4. Defenses Assumption of risk through voluntary participation � must know, understand, and appreciate risks Sovereign immunity � cannot sue the state Contributory negligence � damages are all or none if the injured person was responsible for some of the negligence Comparative negligence � apportionment of damages between the negligent individuals (plaintiff and defendant)

5. Types of Damages Compensatory damages � recompenses for medical bills, lost wages, or other actual expenses due to the defendant's wrongdoing and associated with the injury Punitive damages � financial awards made by the court as a deterrent to future misdeeds intolerable to society

6. Intentional Torts � voluntary acts with a realization of the consequences and an understanding of the results of the acts Invasion of privacy � unwarranted intrusions into private areas or disclosure of private facts Assault � intentional creation of the reasonable apprehension of imminent, un-permitted, and offensive contact Battery � intentional contact that is harmful or offensive and not permitted Reckless misconduct � unreasonable risk of physical harm due to intentional action not meant to do harm

7. Defamation � an Intentional Tort A false statement published to a third party that holds the subject up to public ridicule and results in financial loss Libel � written publication of defamatory matter Slander � spoken publication of defamatory matter Malice or reckless disregard for the truth is required for defamation of a public figure Protection against claims of defamation No reason to believe the statement was false Person had a reason to make the statement to a person with a justifiable interest in knowing

8. Contract Law An agreement (may be oral or written) between two or more parties that is enforceable under law Requirements Offer � a conditional promise Acceptance � made by the party to whom the offer was made Consideration � an exchange of value, such as money Legality � underlying bargain must be legal Capacity � ability to understand one's acts (minors cannot enter into contracts) Precision � specificity of terms Breach of contract � failure to perform a duty imposed under a contract

9. Agency Law An agent representing a "principal" by the latter's authority Independent contractor Player agent

10. Constitutional Law Freedom of expression in religion, speech, the press, and invasion of privacy (1st Amendment) Unreasonable search and seizure (4th Amendment) � drug testing is a search Procedural due process � protect individual rights through the 5th and 14th Amendments to ensure that no person shall be deprived of life, liberty, or property without due process Equal protection (14th Amendment) for all races, ages, and genders State actor � is required to follow constitutional law, such as due process

11. Federal Laws Prohibiting Job Discrimination Title VII of the Civil Rights Act of 1964 protects students and employees from discrimination in hiring, compensation, and conditions and privileges of employment based on race, color, religion, national origin, or sex. Equal Pay Act of 1963 protects males and females who perform substantially the same work in the same organization from sex-based wage discrimination. Age Discrimination in Employment Act of 1967 protects the employment rights of individuals who are 40 years or older.

12. Federal Laws Prohibiting Job Discrimination Title I and Title V of the Americans with Disabilities Act of 1990 prohibits discrimination in employment for qualified individuals with disabilities. Civil Rights Act of 1991 allows monetary damages for victims of intentional employment discrimination. Equal Employment Opportunity Act (1972) created the Equal Employment Opportunity Commission, which enforces these laws.

13. Other Equity and Equality Laws Occupational Safety and Health Act (1970) mandates the standards for safety and health in organizations. Title IX of the Education Amendments Act of 1972 prohibits gender discrimination in educational programs sponsored by institutions receiving federal funds.

14. Final Policy Interpretations of 1979 Financial assistance (scholarships) must be available on a substantially proportional basis Program areas so that males and females receive equivalent treatment, benefits, and opportunities, such as equipment and supplies and practice and competitive facilities Interests and abilities of male and female students are equally effectively accommodated

15. Three-Prong Test Participation opportunities are substantially proportionate to the undergraduate enrollment. There must have been a continuing practice of program expansion in response to developing interests and abilities of the under-represented sex. An institution must show that the interests and abilities of the members of the under-represented sex have been fully and effectively accommodated.

16. Criminal Laws In criminal cases, the jury uses "beyond a reasonable doubt" standard in making its judgment of guilty; may involve a jail sentence because these actions are crimes against legal statutes. Battery � unlawful application of force to a person resulting in bodily injury Sports bribery (fixes) � anti-racketeering

17. Antitrust Laws These laws promote competition through regulation controlling the exercise of private economic power Sherman Antitrust Act of 1890 Clayton Act of 1914 1922 � exemption of Major League Baseball NCAA v. Board of Regents of University of Oklahoma and University of Georgia Athletic Association � NCAA ruled a monopoly; NCAA could no longer control the televising of football

18. Labor Law Rules and regulations governing labor and management (rights; privileges; duties; responsibilities)

19. Product Liability Strict liability in tort � seller is liable when Product had a defect that presents an unreasonable danger to the person Defect existed at time of sale by manufacturer Defect caused the injury Manufacturer and retailer have the duty to warn when the product danger is not apparent to the purchaser Breach of warranty � guarantee of minimum quality acceptable in the trade even though unwritten (merchantability) Disclaimer is the major defense again a breach of warranty � states how a product is to be used and states that it will not be responsible for injuries if the product is used in other ways

20. Sport Law Assignment In numerous meetings with the former athletic director, female athletes claimed that athletic scholarships have not been provided to females on a substantially proportional basis, female athletes did not receive equivalent treatment, benefits, and opportunities, and the interests and abilities of females have not been fully and effectively accommodated as required by Title IX of the Education Amendments of 1972. As a result, a lawsuit was filed, and the institution was cited by the Office of Civil Rights for non-compliance with federal law. You have been hired to replace the fired athletic director. Describe the immediate, short-term, and long-term actions or changes that you will implement to ensure that your institution will begin to treat female athletes equitably.

21. Risk Management Prevention and protection Identify potential hazards or risks associated with facilities, equipment, staffing, participants, policies and procedures, and programs Develop and implement risk management strategies to remove, reduce, or transfer risk

22. Risk Management Prevention and Protection Actual notice � eliminate hazards whenever possible to prevent use of unsafe area or inform supervisor of the necessity of having hazard repaired or removed Construction notice � hazards or potentially dangerous situations that a reasonable and prudent person should have noticed, but failed to notice

23. Risk Management Making the facility safe Make regular inspections Complete preventive maintenance Post warnings about risks associated with using facility and equipment Enforce safety rules and regulations Record in detail all injuries and maintain a well-organized file of these reports Monitor, evaluate, and continuously improve the risk management plan

24. When the Game Ends� Rights of fans Post-game celebrations with �their� team Encouraged by the media No fear of getting caught or being punished Damages and costs are �part of winning� Duty of care�safety owed to invitees to prevent foreseeable risk of criminal action Was there a breach of duty, such as inadequate security? Was this breach of duty the proximate cause of injury? Did the exculpatory agreement (printed on back of the ticket) mean that spectators assumed the risk of harm from the defendant�s negligence (allowing field/court rushing)?

25. University Liability for Field Rushing-Injuries Take reasonable precautions to prevent foreseeable criminal actions (such as trespassing) Posting of �no trespassing� signs around the field Posted warnings about the risks associated with rushing the field Public address announcements about not rushing the field Adequate on-field security Video taping and taking photos of fans in the bleachers who are rushing the field Visual evidence of crowd (riot) control procedures Removing/lowering of the goalposts to eliminate the attraction of these Posted sanctions for rushing the field Disciplinary and judiciary proceeding for violations Written notices on tickets that on-field celebrations are strictly prohibited and that anyone violating this policy will be prosecuted

26. Liability Insurance Maintain professional liability insurance coverage of at least $1,000,000 Protects against claims of negligence, but not against intentional torts or carelessness that causes an injury Protects against claims of negligence occurring in the furtherance of professional duties, but not for activities outside of job duties Some states have hold harmless laws that protect state employees against claims of negligence Use only a licensed carrier or insured vehicle when transporting athletes

27. Waiver Exculpatory contract through which a participant agrees not to sue if injured Athletes and all participates must know, understand, and appreciate the risks and potential for injuries in their sport Must be clearly written Adults waive the right to sue for negligence (but not for intentional torts or gross negligence, i.e., carelessness) Are executed by individuals with equitable rights Minors cannot (nor can their parents) sign away their rights; minors retain the right to sue at least one year after reaching the age of majority (18 years)

28. Risk Management Assignment As director of a health and fitness club, you are responsible for ensuring that all members are protected from unwarranted risks. Assume that this club offers the following activities: Basketball � league competitions and tournaments Cardiac rehabilitation program in conjunction with the local hospital Individual fitness work-outs, classes, and sessions with personal trainers Rock climbing on an indoor wall Racquetball � recreational play and league competitions Swimming � free swimming, lessons, and water aerobics classes In addition, this club provides child-care services and nutrition and weight management classes. Describe the specific risk management strategies that you would implement. Provide examples of signage (the wording) that you would post or a description of anything that participants would be required to do.