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Throughoutlawsuits were filed, court cases were decided, legislation was enacted, administrative agency rulings were released, state athletic association regulations were issued and other legal pronouncements were handed down impacting school sports programs.
In each instance, the principles established illustrate the importance for school administrators and athletics personnel of understanding contemporary issues in sports law and proactively applying that knowledge to policy development and day-to-day management of athletics programs. In the past 12 months, rulings were handed down check this out numerous cases demonstrating the need for athletics personnel to understand the legal duties imposed on them by courts related to supervision, technique instruction, warnings, safe playing environment, protective equipment, evaluation of injuries, return-to-action protocols, immediate medical response, emergency medical response planning and safe transportation.
Wagner High School NYa case where a high school football player suffered a broken jaw requiring two surgeries when he was attacked in an unsupervised locker room after a weight-training session.
The standard of practice illustrated by the case, similar to many similar lawsuits in recent years, is that unsupervised locker rooms are one of the most common athletics environs in which injuries, fights, hazing, sexual assaults and other malfeasance occurs and related to which schools and athletics personnel are held liable to student-athletes.
In August, five high school wrestlers filed a lawsuit, Lucia, et al v.
MRSA, resistant to treatment by most antibiotics, is a potentially lethal ailment that resulted in the Rocky Point wrestlers having to undergo multiple surgeries to remove infected tissue and endure weeks of intravenous antibiotic therapies.
The pleadings in the lawsuit assert negligent failure to fulfill the duties to provide a safe playing environment, to monitor athletes for injuries and incapacities, to provide adequate immediate medical assistance, and to develop an effective emergency medical response plan.
Newport Central Catholic High School KYin which a high school football player was stricken with the infection after playing in a game on a field that had several months before been flooded with raw sewage following rainstorms that caused sewer systems to overflow. The public school district that owned and leased the field to the private school for which the plaintiff played had the field professionally cleaned after the incident by a firm specializing in sanitizing athletics environments and in its decision, the court seemed satisfied that by using a professional cleaning firm, the school had exercised reasonable care to provide a safe playing environment and protect the health and well-being of the athletes using the field.
In August, a suit was filed in the state of Washington, Woods v. The victim sustained a brachial artery laceration and multiple other deep cuts on his dominant left arm. In May, a lawsuit was filed by the family of a year-old basketball player against a school that leased its gymnasium to be used for an AAU tournament during which the victim collapsed and later died. The pleadings in Cullum v. Riverside-Brookfield Township School District IL state that after the player fell to the floor, an emergency room physician and a nurse who separately were in attendance to watch the game came out of the crowd to render assistance.
The suit asserts the school failed to develop and implement an emergency medical response plan for athletics events and that by failing to have an AED available, the school also failed to fulfill its duty to provide a safe playing environment and to provide adequate Athlete Posters For Doors During Tourneys Played In August medical assistance. In July, in Ludman v. The injury required him to relearn how to walk and talk and left him with permanent brain injuries making him susceptible to seizures.
The jury found that by erecting inadequate screening around the dugouts, the school breached its duty to provide a safe playing environment. In October, in Pierscionek v. Illinois High School Association, a Cook County Court granted a motion to dismiss a class action lawsuit against the IHSA seeking additional concussions policy protections for players such as the presence of medical personnel at all high school practices at all levels across the Athlete Posters For Doors During Tourneys Played In August, including varsity, junior varsity, sophomore and freshmen teams; mandatory concussion baseline testing for all student-athletes; and a medical monitoring fund that would have paid for additional traumatic brain injury screening and treatment for former student-athletes.
The court concluded that the IHSA has acted with reasonable care in developing and implementing concussion protocols by establishing policies and procedures consistent with the Illinois concussion statute and prevailing medical standards. Hillsborough County School Board FLa case involving a year-old, high school Athlete Posters For Doors During Tourneys Played In August player who sustained a head injury during practice while not wearing a helmet, allegedly received only a cursory evaluation by a coach and athletic trainer, and was reputedly left alone in a training room for a half-hour before being allowed to drive himself home, at which time his parents immediately transported him to a hospital emergency room where he was diagnosed with a fractured skull and a severe concussion.
The lawsuit alleged negligent supervision, lack of an emergency medical response plan, inadequate immediate medical response, and failure to comply with a Florida High School Athletic Association bylaw mandating liability insurance coverage for student-athletes.
The settlement also included the implementation of a new set of concussion policies and procedures by the district, to be titled the McNamee Protocol, that are consistent with the Florida Concussion Law and prevailing medical standards for traumatic brain injuries.
In May, in Strough v. Beginning in the fall ofthe Florida High School Athletic Association became the first governing body in the country to mandate that all high school athletes in all sports complete a course on concussions as a prerequisite to competing for their schools. The free online course, Concussion In Sports: Requiring the course of student-athletes may serve as additional evidence that a state association or school district is exercising reasonable care with regard to educating athletes about the severity and long-term implications of concussions in order to deter athletes from concealing head injuries from their coaches and athletic trainers for here personal or team motives.
Other common features of state concussion legislation is a requirement that coaches complete an education program such as the NFHS course and a mandate that student-athletes and parents be provided with concussion information materials.
The free, online NFHS concussion course may be viewed here and an extensive variety of free educational resources and videos about head injuries in sports are available through the Centers for Disease Control website at www. The following are one of each — clearly and thoroughly written analyses setting forth the expectations of the federal judiciary and the OCR regarding Title IX and the precise steps that should be taken by any district to ensure compliance.
Inin Ollier v. Supreme Court of the September decision of the U. Court of Appeals for the Ninth Circuit upholding two previous lower court decisions against the district. The court found inequities for female student-athletes in 1 equipment, uniforms, supplies and storage; 2 locker rooms, practice facilities and competition facilities; 3 access to quality coaching; 4 publicity, marketing and media services; 5 scheduling of practices and games; 6 access to athletic training and medical services; 7 institutional and administrative support services; and 8 recruiting resources to encourage enrolled girls to participate in sports.
Riverside-Brookfield Township School District IL state that after the player fell to the floor, an emergency room physician and a nurse who separately were in attendance to watch the game came out of the crowd to render assistance. In May, in Strough v. In August, a suit was filed in the state of Washington, Woods v. Here may be contacted at Lee. Saturday, August 19 Doors open:
The case is an instructive one for school and athletics administrators and provides a blueprint for the expectations of the federal courts with regard to Title IX compliance by scholastic sports programs. The full-text of the resolution agreement is available at www2.
Volleyball locker signs
Courts continue to struggle with the issue whether schools have the authority to sanction students or student-athletes for inappropriate, off-campus postings on social media websites in violation of school or athletics codes of conduct. Sinceseven U. Court of Appeals decisions and more than a dozen U. Courts have also consistently ruled that school social media policies, in order to survive judicial scrutiny, this web page be precisely-written and narrowly-tailored to prohibit only those forms of student speech that the school is constitutionally authorized to sanction.
In August, in Bell v. Fifth Circuit Court of Appeals, sitting en banc all 15 active judges participatingreversed a ruling by a Fifth Circuit three-judge panel that the district violated the free speech rights of a student expelled from his extracurricular activities and suspended from school for posting online a video he created featuring a rap song that accused two coaches at Itawamba Agricultural High School of inappropriate conduct with female students.
Des Moines School District. In the Bell decision, the court held that intimidating and harassing language directed at school officials could reasonably be forecast to cause a substantial disruption on school property and that despite the fact that the postings took place off school property, the school had the authority to punish the offender.
In September, the Texas Attorney General filed a brief with the Texas Supreme Court requesting that the state high court agree to hear the appeal of an October ruling by a state court of appeals in Matthews v. Citing their free speech and free exercise of religion rights, the cheerleaders filed a lawsuit and a state trial court judge issued a temporary restraining order staying the implementation of the ban pending a full resolution of the case.
In Aprilthe district changed its policy to allow such banners at school sports events and in Maythe same judge who had previously issued the temporary injunction ruled that the display of the banners was constitutionally permissible. The Athlete Posters For Doors During Tourneys Played In August, in order to eliminate the possibility of the policy being amended in the future in a manner that might limit their ability to display the religious messages, requested that the Texas Supreme Court hear the case and issue a definitive ruling on the free speech and free exercise of religion issues in the case.
If the state high court agrees to hear their appeal, oral arguments and a ruling will likely be issued sometime during In June, in a unique case of first impression, Long v.
In July, in Ludman v. Season tickets are on sale now! In October, in Pierscionek v. Boston College opens the final month of the regular season with a game at home on October 5, prior to a pair of road games at Duke and Wake Forest on October 8 and 14, respectively.
The development of fair, Athlete Posters For Doors During Tourneys Played In August and legally sufficient policies regarding the inclusion of transgender athletes in sports activities is one of the latest civil rights challenges facing sport governing bodies and educational institutions. In Aprilthe U. The inclusion of transgender students in the new guidance reflects evolving legal standards nationwide, both through laws enacted by state legislatures and via policies implemented by state associations, regarding the protections against discrimination that must be accorded by schools to transgender students and student-athletes.
The page document, structured in a question-and-answer format, is available full-text at www2. Hazing continues to be a widespread problem in school athletics programs and one of the most highly litigated claims against districts and athletics personnel, with courts typically imposing liability either because of the failure to create an anti-hazing policy or for developing a this web page that is substantively inadequate or ineffectively implemented.
In September, the Middlesex County NJ Prosecutor held a press conference to clarify the resolution click criminal charges against seven former football players at War Memorial High School in the Sayreville Public Schools related to an allegedly pervasive and long-standing tradition of hazing by upperclassmen against underclassmen, often involving acts constituting sexual assault and sexual battery, including sodomy.
One still awaits trial. All of those whose cases have been resolved received probation and none will be required to register as link offenders, an option the prosecutor could have chosen to pursue given the nature of the hazing behaviors.
Despite the national media focus directed toward the Sayreville hazing scandal, it should be noted that similar hazing allegations surface numerous times each year at schools across the country.
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On April 24, the OCR issued a new policy guidance clarifying the obligations of school districts to have systems and protocols in place to address sexual harassment in all programs — curricular and extracurricular — throughout K schools, including athletics programs.
Such procedures are mandated under Title IX. The April 24 guidance emphasizes the obligation of every school district to designate a Title IX Coordinator to in-service school personnel about their responsibilities under the law and to educate students about their rights.
The guidance is available full text at www2. Lee Green is an attorney and a professor at Baker University in Baldwin City, Kansas, where he teaches courses in sports law, business law and constitutional law.
He may be contacted at Lee.