LEGAL RESPONSIBILITY FOR VIOLENCE COACHES AND TEACHERS Neil Dougherty Rutgers University New Brunswick, NJ

Potential Liability of the Coach/Teacher Because they are perceived as “deeper pockets” coaches and teachers are frequently accused of negligently causing or contributing to the allegedly wrongful actions of their athletes/students.

Potential Liability of the Coach/Teacher  The coach/teacher as instigator  Negligent supervision/control

The Coach/Teacher As Instigator “Teaching players to be intense and aggressive is an attribute…A coach cannot be held responsible for the wrongful acts of his players unless he teaches them to do the wrongful act or instructs them to commit the act.” Nydegger v. Don Bosco (1985)

The Coach/Teacher As Instigator Aggression and intensity are acceptable and expected components of athletic competition. The courts, however, are intolerant of willful behaviors that significantly exceed the letter and/or the spirit of the rules.

The Coach/Teacher As Instigator To the degree that coaches or teachers encourage or reward behaviors that exceed accepted standards, they and the offending athlete may share legal responsibility for the resulting injuries.

Negligent Supervision/Control  Supervision = quality and quantity of control exerted by teachers or coaches over the individuals for whom they are responsible. General v. specific supervision

Negligent Supervision/Control  Coaches and teachers are expected to: Publish and enforce rules/codes of conduct

Negligent Supervision/Control  Coaches and teachers are expected to: Publish and enforce rules/codes of conduct Maintain reasonable control of their classes and teams

Negligent Supervision/Control  Coaches and teachers are expected to: Publish and enforce rules/codes of conduct Maintain reasonable control of their classes and teams Detect and correct inappropriate behaviors

You Make The Call  Varsity soccer game

You Make The Call  Varsity soccer game  Physical education class

You Make The Call  Varsity soccer game  Physical education class  Football locker room