2. 5 Hot Topics (Minus Two) WSSAAA Conference 2009 Presenters: Dick Langum and Steve Bridge

3. Canfield & Associates 2 Please understand the purpose of this presentation and handout is educational. Nothing in either should be construed as specific legal advice for a particular situation. Sound legal advice requires an understanding of all of the facts of a particular situation, something that cannot occur in an education presentation.

4. Current Issues Though there are several current issues facing athletic programs- we have decided to focus on two: Though there are several current issues facing athletic programs- we have decided to focus on two: 1.Maintaining a Professional Barrier 1.Maintaining a Professional Barrier 2.Concussions 2.Concussions Reason: These two issues have the potential of becoming large litigation issues for coaches, AD’s and School Districts

5. The Risk of Doing Business The school district employees, agents and volunteers are covered by liability insurance while acting within the scope of their duties The school district employees, agents and volunteers are covered by liability insurance while acting within the scope of their duties Intentional wrongs, acts or crimes are excluded Intentional wrongs, acts or crimes are excluded

6. Canfield & Associates 5 The Need to Feel Safe! 60% of all students feel that safety is the number on concern in schools today! 60% of all students feel that safety is the number on concern in schools today! 90% of parents feet that safety is the number one concern in schools today! 90% of parents feet that safety is the number one concern in schools today!

7. Canfield & Associates 6 PARENT’S EXPECATIONS & DISTRICT LIABILITY Parents have the expectation that their children will return to them in the same condition or better than when they left for school! Parents have the expectation that their children will return to them in the same condition or better than when they left for school! Theory of “in loco parentis” (in the place of parents) Theory of “in loco parentis” (in the place of parents)

8. Canfield & Associates 7 Legal Terminology Deliberate indifference: Deliberate indifference: When a school district employee, agent or volunteer chooses to act outside the policies, procedures of the district and/or the rules and regulations governing the activity, the person may be guilty of deliberate indifference and therefore exposing themselves to personal liability. When a school district employee, agent or volunteer chooses to act outside the policies, procedures of the district and/or the rules and regulations governing the activity, the person may be guilty of deliberate indifference and therefore exposing themselves to personal liability.

9. Special School Employee Duty RCW 28A.400.317 (1) What must be reported: Sexual Grooming Boundary Invasion behaviors Inappropriate relationships with students Inappropriate conduct with students Things that “do not add up” between an educator and a student

10. Canfield & Associates 9 Determining Liability Duty of Ordinary Care Foreseeable Known or should have known Duty of Ordinary Care Foreseeable Known or should have known Breach of that Duty Doing something you shouldn’t have done Not doing something you should have done Breach of that Duty Doing something you shouldn’t have done Not doing something you should have done Damages or Injuries Occurred To individual To property Damages or Injuries Occurred To individual To property Proximate Cause Natural and continuous sequence of events with no casual element interrupting sequence and nothing outside the chain of events impacting cause and effect Proximate Cause Natural and continuous sequence of events with no casual element interrupting sequence and nothing outside the chain of events impacting cause and effect

11. Canfield & Associates 10 Maintaining a professional boundary

12. Canfield & Associates 11 Use technology responsibly Password protect your computer. Password protect your computer. Use email as you would a hand written note. Use email as you would a hand written note. Keep it professional—not personal. Keep it professional—not personal. Don’t text message or IM students. Don’t text message or IM students. Facebook, My Space and websites all have potential for irresponsible &/or inappropriate behavior. Facebook, My Space and websites all have potential for irresponsible &/or inappropriate behavior.

13. Canfield & Associates 12 Personal Behavior Never be alone with a player behind closed doors. Never be alone with a player behind closed doors. Spending more social time with students/players than adults Spending more social time with students/players than adults Giving one or more players gifts but not giving gifts to all players Giving one or more players gifts but not giving gifts to all players Don’t allow players to call you by your first name. Don’t allow players to call you by your first name. Be cautious about using only one babysitter. Be cautious about using only one babysitter.

14. Canfield & Associates 13 Professional Behavior Don’t do what you are not trained to do. Don’t do what you are not trained to do. Monitor how frequently a staff member requests the same opposite gender TA. Monitor how frequently a staff member requests the same opposite gender TA. Be cautious how you greet someone— bear hugs are not appropriate. Be cautious how you greet someone— bear hugs are not appropriate. Don’t transport players/students in your vehicle and never transport a player by themselves. Don’t transport players/students in your vehicle and never transport a player by themselves. Don’t flirt with students/players. Don’t flirt with students/players.

15. Canfield & Associates 14 Professional Behavior REMEMBER: REMEMBER: YOU ARE THE ADULT! YOU ARE THE ADULT!

16. Canfield & Associates 15 Professional Behavior REMEMBER: REMEMBER: By not establishing and maintaining personal boundaries and a professional relationship with students, you have opened the door for perceived GROOMING. By not establishing and maintaining personal boundaries and a professional relationship with students, you have opened the door for perceived GROOMING.

17. Canfield & Associates 16 The abuser will select a student and give them special rewards and attention, provide them with support and understanding, while slowly increasing the amount of touch or other sexual behavior. Grooming

18. Canfield & Associates 17 RCW 28A.400.317 RCW 28A.400.317 If you have reasonable cause to believe that a school employee is guilty of physical abuse or sexual misconduct, you must report your beliefs to your school administration. If you have reasonable cause to believe that a school employee is guilty of physical abuse or sexual misconduct, you must report your beliefs to your school administration. The school administrator is then required to investigate and report (or cause to have reported) to the proper authorities as soon as possible, in no case longer than 48 hours. The school administrator is then required to investigate and report (or cause to have reported) to the proper authorities as soon as possible, in no case longer than 48 hours. During the course of the reasonable cause determination, the school administrator shall contact all parties involved in the complaint. During the course of the reasonable cause determination, the school administrator shall contact all parties involved in the complaint.

19. Sexual Misconduct Number one issue facing school district today because of amounts associated with litigation awards.

20. Canfield & Associates 19 Current Issue-Safe Environment Sexual Misconduct Issues Sexual Misconduct Issues Associated Press Reports from 2001-2004 over 2500 educators have either lost their license to teach or faced felony charges as a result of sexual misconduct Associated Press Reports from 2001-2004 over 2500 educators have either lost their license to teach or faced felony charges as a result of sexual misconduct

21. OSPI Sexual Offender Profile- 2000-2005 95 Sexual misconduct cases 95 Sexual misconduct cases 48 years of age is the average 48 years of age is the average 16.5 years of experience 16.5 years of experience

22. Canfield & Associates 21 Common Mistakes Don’t see any problem Don’t see any problem Assume that since you only saw one thing that it is an isolated problem Assume that since you only saw one thing that it is an isolated problem Ignore the problem Ignore the problem Letting the relationship with the person accused interfere Letting the relationship with the person accused interfere Don’t seek District Office level advice Don’t seek District Office level advice

23. Investigation Process (Initial Stages) Role of the Superintendent Role of the Superintendent Role of the HR person Role of the HR person Role of the Building Principal Role of the Building Principal Role of A &/or immediate supervisor Role of AD &/or immediate supervisor Role of the insurance provider incl. risk manager, investigator Role of the insurance provider incl. risk manager, investigator Role of law enforcement Role of law enforcement Canfield & Associates 22

24. Investigation Process (Secondary phase(s)) The school district-may be excluded The school district-may be excluded Law Enforcement-may involve multiple agencies Law Enforcement-may involve multiple agencies School District Lawyer(s) School District Lawyer(s) Victim Lawyers Victim Lawyers Accused Lawyers Accused Lawyers Union attorney Union attorney Watchdog litigation teams Watchdog litigation teams The MEDIA-selective reporting/trial in public domain The MEDIA-selective reporting/trial in public domain Canfield & Associates 23

25. Investigation Process (Key ingredient-DOCUMENTATION) Key element in all cases is ACCURATE DOCUMENTATION. Key element in all cases is ACCURATE DOCUMENTATION. Keep records recording time, date & place of event or action(s) Keep records recording time, date & place of event or action(s) Trust your “gut”—if the circumstance doesn’t feel right or seem right, document it. Trust your “gut”—if the circumstance doesn’t feel right or seem right, document it. As Paul Harvey used to say, “This is the rest of the story”. You may have a part and someone else may have a part, but together they make the REST OF THE STORY! Canfield & Associates 24

26. Canfield & Associates 25 HOT TOPIC #2 CONCUSSIONS CONCUSSIONS

27. Canfield & Associates 26 CONCUSSION? A concussion is a brain injury that: A concussion is a brain injury that: Is caused by a bump, blow, or jolt to the head. Is caused by a bump, blow, or jolt to the head. Can change the way your brain normally works. Can change the way your brain normally works. Can range from mild to severe. Can range from mild to severe. Can occur during practices or games in any sport. Can occur during practices or games in any sport. Can happen even if you haven’t been knocked out. Can happen even if you haven’t been knocked out. Can be serious even if you’ve just been “dinged” or had your “bell rung”. Can be serious even if you’ve just been “dinged” or had your “bell rung”. No two concussions are alike. No two concussions are alike. (1) (1)4/09

28. Canfield & Associates 27 General Information Associated with Concussions Two most recognizable signs of concussion are LOC and amnesia, yet neither are required for a diagnosis of a concussion. Two most recognizable signs of concussion are LOC and amnesia, yet neither are required for a diagnosis of a concussion. There are two parts to the concussion/head trauma injury—the physical damage to the brain and the impairment to how the brain functions. There are two parts to the concussion/head trauma injury—the physical damage to the brain and the impairment to how the brain functions. CT scans and MRI’s study the structure of the brain and not how the brain is functioning. CT scans and MRI’s study the structure of the brain and not how the brain is functioning. (2) (2)

29. Canfield & Associates 28 General Information Associated with Concussions Symptoms give us indicators of how much damage has been done to the functioning of the brain. Symptoms give us indicators of how much damage has been done to the functioning of the brain. An athlete should be evaluated every 5 minutes until athlete improves and be monitored over the next few days to observe and report delayed signs and symptoms. An athlete should be evaluated every 5 minutes until athlete improves and be monitored over the next few days to observe and report delayed signs and symptoms. If an athlete lost consciousness or experiences amnesia lasting longer than 15 minutes, they should be referred to a physician immediately. If an athlete lost consciousness or experiences amnesia lasting longer than 15 minutes, they should be referred to a physician immediately. (3) (3)

30. Canfield & Associates 29 Statistics and Trends Associated with Concussions If there is memory loss for less than 5 minutes, the memory recovery level after 2 days is 93%, after 4 days is 95% and 100% after 7 days. If there is memory loss for less than 5 minutes, the memory recovery level after 2 days is 93%, after 4 days is 95% and 100% after 7 days. If there is memory loss for more than 5 minutes and less than 15 minutes, the memory recovery level after 2 days is 80%, after 4 days is 81% and after 7 days is 90%. If there is memory loss for more than 5 minutes and less than 15 minutes, the memory recovery level after 2 days is 80%, after 4 days is 81% and after 7 days is 90%. An athlete who sustains a concussion is 4-6X more likely to receive a 2 nd concussion unless the first concussion has HEALED! An athlete who sustains a concussion is 4-6X more likely to receive a 2 nd concussion unless the first concussion has HEALED! If an athlete lost consciousness or experiences amnesia lasting longer than 15 minutes, they should be referred to a physician immediately. If an athlete lost consciousness or experiences amnesia lasting longer than 15 minutes, they should be referred to a physician immediately. Follow RTP (return to play) guidelines established starting in 2009- 2010. Follow RTP (return to play) guidelines established starting in 2009- 2010. (4) 4/09 (4) 4/09

31. Canfield & Associates 30 What are the symptoms of a concussion? You can’t see a concussion, but you might see symptoms right away. Sometimes symptoms can show up days or weeks after the injury. You can’t see a concussion, but you might see symptoms right away. Sometimes symptoms can show up days or weeks after the injury. SYMPTOMS (reported by athlete) SYMPTOMS (reported by athlete) Nausea feel like you might vomit) Nausea feel like you might vomit) Balance problems or dizziness Balance problems or dizziness Double vision or fuzzy vision Double vision or fuzzy vision Sensitivity to light Sensitivity to light Headache Headache Feeling sluggish Feeling sluggish Feeling foggy or groggy Feeling foggy or groggy Concentration or memory problems (forgetting plays) Concentration or memory problems (forgetting plays) Confusion Confusion(5)4/09

32. Canfield & Associates 31 Symptoms of a Concussion Symptoms Observed by Parent/Coach/etc. Symptoms Observed by Parent/Coach/etc. Appears stunned or dazed Appears stunned or dazed Is confused about assignments Is confused about assignments Forgets plays Forgets plays Is unsure of game, score, or opponent Is unsure of game, score, or opponent Moves clumsily Moves clumsily Answers questions slowly Answers questions slowly Loses consciousness Loses consciousness Shows behavior or personality changes Shows behavior or personality changes Can’t recall events prior to hit Can’t recall events prior to hit Can’t recall events after hit Can’t recall events after hit(6)4/09

33. Canfield & Associates 32 WHAT SHOULD I DO? If I am a player: If I am a player: Tell your coach or parents/guardian Tell your coach or parents/guardian Get a medical check up Get a medical check up Give yourself time to recover Give yourself time to recover If you have had a concussion, your brain needs time to heal. While your brain is healing, you are much more likely to have a second concussion. Second or later concussions can cause permanent brain damage, and even death in rare cases. (called “2 nd Impact Syndrome) Severe brain injury can change your whole life. (7)6/07

34. Canfield & Associates 33 What Should I Do? If I am a parent? If I am a parent? Seek medical attention right away Seek medical attention right away Share all information with the health care provider Share all information with the health care provider Keep your teen out of play until cleared by a medical doctor Keep your teen out of play until cleared by a medical doctor Tell all of your teen’s coaches about any recent concussion(s) Tell all of your teen’s coaches about any recent concussion(s) Remind your teen: It is better to miss one game than the whole season or longer Remind your teen: It is better to miss one game than the whole season or longer(8)6/07

35. Canfield & Associates 34 What Should We Do? (An Action Plan-part 1) Preseason Preseason Good physicals for players including prior health history Good physicals for players including prior health history Parent Education Meeting-as part of regular pre-season meeting Parent Education Meeting-as part of regular pre-season meeting Player Education Meeting-as part of regular pre-season meeting Player Education Meeting-as part of regular pre-season meeting Develop an Emergency Plan Develop an Emergency Plan Who will manage injuries during practice/games? Who will manage injuries during practice/games? Training of staff in head injury protocol Training of staff in head injury protocol Pocket cards for coaches and first aid kits—reminders of symptoms/protocols Pocket cards for coaches and first aid kits—reminders of symptoms/protocols Emergency contacts Emergency contacts Good communication procedures to 911 Good communication procedures to 911 Who will manage remainder of players Who will manage remainder of players Who will complete and file accident reports 4/09 Who will complete and file accident reports 4/09 (9) (9)6/07

36. Canfield & Associates 35 What Should We Do? (An Action Plan-part 2) During the season (Coaches if an injury occurs) During the season (Coaches if an injury occurs) Remove athlete from play Remove athlete from play Perform necessary first aid as required Perform necessary first aid as required Obtain a proper evaluation—we as coaches identify an injury and a health care professional evaluates the injury—coaches always submit to the higher authority when providing health care Obtain a proper evaluation—we as coaches identify an injury and a health care professional evaluates the injury—coaches always submit to the higher authority when providing health care Inform parents or guardians and provide them a fact sheet on concussion symptoms/recognition Inform parents or guardians and provide them a fact sheet on concussion symptoms/recognition Return to Play (RTP) only after written clearance from HCP as required Return to Play (RTP) only after written clearance from HCP as required Inform all staff who may be in contact with student-athlete so proper/accurate monitoring of symptoms is possible Inform all staff who may be in contact with student-athlete so proper/accurate monitoring of symptoms is possible Poor grades or falling grades may be an indicator of a concussion Poor grades or falling grades may be an indicator of a concussion Behavior changes may be an indicator of a concussion Behavior changes may be an indicator of a concussion(10)4/09

37. Canfield & Associates 36 What Should We Do? (An Action Plan-part 3) Coaches: During the Season Coaches: During the Season Proper Fitting and Frequent Refitting of Equipment Proper Fitting and Frequent Refitting of Equipment Proper Maintenance of Equipment Proper Maintenance of Equipment Teach Proper and Safe Sport Techniques Teach Proper and Safe Sport Techniques Follow Rules of Sportsmanship for the Sport Follow Rules of Sportsmanship for the Sport Communicate with Parents or Guardians and Teachers about an Athlete with a Concussion Communicate with Parents or Guardians and Teachers about an Athlete with a Concussion Mandate Good Teeth Guards where Appropriate Mandate Good Teeth Guards where Appropriate(11)4/09

38. Canfield & Associates 37 What Should We Do? (An Action Plan-part 3) REMEMBER! REST IS THE KEY TO FULL RECOVERY! (12) (12) 4/09 4/09

39. Canfield & Associates 38 Senate Bill #5943 What is it? What is it? Concussion AWARENESS & TRAINING BILL Concussion AWARENESS & TRAINING BILL How will it be applied? How will it be applied? Similar to rules clinics Similar to rules clinics Who will it effect? Who will it effect? Everyone who uses your facilities Everyone who uses your facilities Who supports this? Who supports this? 4/09(13)