SPORT LAW: A Managerial Approach Sharp – Moorman – Claussen Holcomb & Hathaway Publisher

SPORTS LAW A MANAGERIAL APPROACH

SPORT LAW The law will always try to interpret “what a reasonable person would do in the circumstances”.

Chapter 1 INTRODUCTION

SPORT LAW AND ISSUES

DOES PETE ROSE BELONG IN Baseball’s hall of fame?

SAMPLES OF LEGAL ISSUES RELATED TO SPORT AND RECREATION MATCHING QUIZ SITUATION LEGAL THEORY NCAA student- athlete sues NCAA for using his likeness in a video game. Title IX A company terminates an endorsement contract with an athlete who was accused of criminal conduct. Trademark law A school eliminate a women’s team. Contract law A female tennis coach should be paid the same as a male tennis coach. Criminal Law A youth sport league was liable for a coach molesting a player. Equal Pay Act A health club and the manufacturer of an equipment are liable for injury. Tort Law Congress investigates the fairness of the Bowl Championship Series Anti-trust law Tort Law & Product Liability Right to publicity

NCAA student- athlete sues NCAA for using his likeness in a video game . Right to publicity A company terminates an endorsement contract with an athlete who was accused of criminal conduct. Contract Law A school eliminate a women’s tennis team. . Title IX A female tennis coach should be paid the same as a male tennis coach. Equal Pay Act A youth sport league was liable for a coach molesting a player. Tort law-negligence in hiring A health club and the manufacturer of an equipment are liable for injury. Tort Law & product liability Congress investigates the fairness of the Bowl Championship Series Anti-trust law

Managerial Strategies to Minimize Liability

TERMINOLOGY Risk Management: the function or process by which an organization identifies and manage the risk of liabilities that rise from its activities. Preventive Law: looks at all the risks that could affect the institutions financial health.

NASA CULTURE BLAMED IN SHUTTLE REPORT (2003) The NASA culture was one of: A. schedule driven; B. starved for funds; C. insufficient safety program; D. the culture haven’t changed since the 1986 Challenger Disaster; E. flawed embedded practices in the organization for twenty years; G. being responsible for the Columbia 2003 disaster and the deaths of seven astronauts.

PREVENTIVE LAW PROCESS 1. Risk identification 2. An assessment of the risk 3. The risk are identified 4. The risk are evaluation 5. A preventive law plan is designed 6. The preventive law plan is implemented

“Risk management should not be an afterthought” Administrators: “Risk management should not be an afterthought”

RISK IDENTIFICATION – is a legal audit “PERSONAL INJURY IS THE PRIME ISSUE BECAUSE THE NATURE OF SPORTS.” First step in this section is to have a consultant develop a list of possible liabilities concerns. (refer to page 15- 16 for a hypothetical situation and list) DISCUSSION OF LIST Hypothetical List Categories: Employment Issues Facility Issues Premise Liability Client/Participant Concern Intellectual Property/Advertising

RISK ASSESSMENT Risk assessment is the assessment done by looking at the organizations litigation history. This assessment process includes: 1. Research prior litigations. 2. Look at the type of litigations against similar organizations. 3. Keep current on litigations through industry and trade books (Athletic Business)

RISK EVALUATION Once you have assessed the risk, now evaluated the risk in reference to your organization. Review exhibit 2.2, p. 17. Rank the risks. 1. 2. 3. 4.

ADMINISTRATOR’S FACILITY EVALUATION

DEVELOPMENT OF THE PREVENTIVE LAW PLAN There are (4) strategies to coping with risks: 1. Risk Elimination – Is used when the risk outweighs the benefits of retaining the activity or program. 2. Risk Retention – means your organization decides to bear the financial consequences (Catastrophic Insurance). 3. Risk Transfer – when the organization shifts possible loss to another party. (Independent contractor & waiver). $. Risk Control – what you identified in your legal audit with ways to minimize it.

RECREATION PROGRAMS

Test Questions /True or False 1. Risk Management is the function or process by which an organization identifies and manage the risk of liabilities that rise from its activities. . 2. Adopting a “preventive law” view encompasses a broader view of all risks that could affect an institution. 3. The first step in the preventive law process is to engage in risk evaluation. 4. Risk assessment deals with the determining the probability that particular risks will result in claims and the magnitude of the potential liability arising from those claims. 5. Risk transfer means that your organization chooses to bear the financial consequences of an activity. 6. Risk control involves the actual reduction of risk. 7. Risk evaluation involves the use of methods to transfer risks of financial loss to another party. 8. Risk elimination is the method most commonly adopted to cope with risks. 9. The preventive law plan should be in line with your organization’s core values. 10. The preventive law process should be undertaken only once and then forgotten.  

_T___1. _T___2. _F___3. _F___4. __F__5. __T__6. __F__7. _T___8. ANSWERS _T___1. _T___2. _F___3. _F___4. __F__5. __T__6. __F__7. _T___8. __T__9. _F__10.

Case study on p. 22