Legal Liability and Insurance Chapter 3 Pages 47-60

Standard of Reasonable Care Liability – being legally responsible for the harm one causes another person. Negligence – not providing reasonable or ordinary care. Good Samaritan Law Standard of Care – assumes that an individual is neither exceptionally skillful nor extraordinarily cautious but is a person of reasonable and ordinary prudence. Duty of Care – an individual who has the responsibility of caring for an injury.

Legal Concerns Tort – a legal wrong. Nonfeasance (Act of Omission) Malfeasance (Act of Commission) Misfeasance Statue of Limitations – you only have so long to sue for negligence. Assumption of Risk – athlete’s parents need to know the risk involved per the sport. Product Liability – manufacturers have a duty to design and produce equipment that will not cause injury as as long as it is used as intended.

Title IX Title IX of the Educational Amendments of 1972 is the landmark legislation that bans sex discrimination in schools, whether it be in academics or athletics. Title IX states: "No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid.“ Athletics has created the most controversy regarding Title IX, but its gains in education and academics are notable. Before Title IX, many schools refused to admit women or enforced strict limits. Some statistics highlighting the advancements follow:

Title IX Accommodation of Interests & Abilities the selection of sports and the level of competition must effectively accommodate the students' interests and abilities. There are 3 factors that are looked at consecutively. Whether the intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments. Where the members of one sex have been and are underrepresented among intercollegiate athletes, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interests and abilities of that sex. Where the members of one sex are underrepresented among intercollegiate athletes and the institution cannot show a continuing practice of program expansion, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program

Title IX Intercollegiate Athletics Title IX governs the overall equity of treatment and opportunity in athletics while giving schools the flexibility to choose sports based on student body interest, geographic influence, budget restraints, and gender ratio. In other words, it is not a matter of women being able to participate in wrestling or that exactly the same amount of money is spent per women's and men's basketball player. Instead, the focus is on the necessity for women to have equal opportunities as men on a whole, not on an individual basis. I. Financial Aid financial assistance must be awarded based on the number of male and female athletes. The test is financial proportionality. The total amounts of athletics aid must be substantially proportionate to the ratio of male and female athletes.

Title IX Third, all other benefits, opportunities, and treatments afforded sports participants are to be equivalent, but not necessarily identical. Title IX specifically looks at the following program components: Equipment & Supplies: quality, suitability, quantity, availability, maintenance, & replacement. Scheduling of Games & Practice Time: number of competitive events per sport, number and length of practice opportunities, time of day competitive events and practice opportunities are scheduled, opportunities to engage in available pre-season and post-season competition, the season a sport is scheduled, & the length of season. Travel & Per Diem Allowances: modes of transportation, housing furnished during travel, length of stay before and after competitive events, per diem allowances, & dining arrangements. Opportunity to Receive Academic Tutoring: availability of tutoring, tutor qualifications and experience, rates of pay, & employment conditions. Opportunity to Receive Coaching, Assignment, & Compensation: availability, assignment, & compensation of full-time coaches, assistants, graduate assistants, or restricted earnings coaches. Locker Rooms, Practice, & Competitive Facilities: quality, availability, exclusivity of use, maintenance and preparation of facilities. Medical & Training Facilities and Services: quality and availability of medical personnel; athletic trainers; weight and conditioning facilities; training facilities; & health, accident, and injury insurance coverage. Housing & Dining Facilities and Services: housing and dining benefits available during the regular year, the provision of pre-game and post-game meals, & housing and dining services provided when classes are not in session. Publicity: availability and quality of sports information personnel, access to publicity resources, & quantity and quality of publications and other promotional devices. Support Services: administrative support, clerical and secretarial support, office space, equipment and supplies, & availability of other support staff. Recruitment of Student-Athletes: opportunities for coaches or other personnel to recruit, whether financial and other resources are equivalently adequate, & treatment of prospective student-athletes.

4 th amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. In Board of Education v. Earls, 122 S.Ct (2002): the courts rule that drug testing even in non athletic groups is constitutional In New Jersey v. T.L.O, 469 U.S. 325 (1985): the courts rule that drug testing did not break the 4 th amendment as long as there is just cause and the form of testing was reasonable for the circumstanc

5 th amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

Coach’s Corner Coaches can decrease the risk of litigation by paying attention to the following: Warn athletes of potential dangers of the sport Provide regular supervision Properly prepare and condition athletes Properly instruct athletes in the skills of their sport Utilization of proper and safe equipment Establish good relationships with athletes, parents, and coworkers Establish policies and procedures for health care facility/athletic training room Develop and implement an emergency action plan Be familiar with medical history problems Maintain good records

Coach’s Corner Cont’d Document efforts to create safe environment Have detailed job description Obtain written consent to provide health care Maintain confidentiality Do not dispense prescription drugs Do not use therapeutic methods that you are not qualified to apply Do not use faulty equipment Work with the team MD and/or ATC Do not allow injured athletes to participate unless cleared by team MD Follow orders of team MD and ATC at all times Purchase liability insurance Know state limitations USE COMMON SENSE

Health Insurance Managed Care – costs of health care are monitored closely by insurance carriers. Medical Insurance – a contract between the insurance company and the policyholder. General Health Insurance – a policy that covers illness, hospitalization, and emergency care. Reimbursement – the policyholder’s insurance company reimburses health care providers for services performed. Health Maintenance Organizations (HMO) – provide preventative measures and limit where can individual can receive care. Preferred Provider Organizations (PPO) – provide discount health care and sometimes limit where an individual can receive care. Accident Insurance – covers accidents on school grounds while the student is in attendance.

Other Types of Insurance Personal Liability Insurance – covers claims of negligence for the individual providing care. Catastrophic Insurance Insurance Billing In order to collect the maximum benefit, insurance claims must be filed immediately and correctly. Recommended to collect insurance information (and a card) for all athletes, and draft a letter to parents explaining the school insurance policy.

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