Lawson Chapter VI: Professional Development

2

Chapter V

Students name

Institution

Course

Instructors name

Date

Chapter V

Legal Aspects and Considerations

The coaches and leaders in sports have the duty of ensuring that their athletes and institutions are protected. This is possible through risk assessment and following the rules of the Fourteen Legal Duties of Coaches and Athletic Personnel. “Duty (as an element of negligence) refers to a responsibility toward others (arising from relationship between parties) to protect them from unreasonable risk of injury” (Cotton & Wolohan, 2016, p. 42).

It is necessary for the athletics administrator, athletics personnel, and school personnel to assess the risk involved in the athletics program and facilities; this is referred to as risk management planning. “A risk management plan is the systematic analysis of one’s operations for potential risks or risk exposures and then setting forth a plan to reduce such exposures” (Cotton & Wolohan, 2016, p. 173). The Fourteen Legal Duties of Athletic Personnel guide all duties of coaches and athletic directors (see Appendix F). This ensures safety in the provision of the sporting activities.

Duty to Plan

Planning implies that coaches and administrators have the responsibility to develop a plan on a yearly basis. The annual plan covers issues like coaching proficiency, medical examination, activities appropriate for age and physical maturity, procedures for handling injuries, warnings to both players and their parents as well as advocacy in case of abuse or neglect of the young players. The benefit of planning lies in having an organized plan for getting ready for potential hazards that may occur during the season. Planning also allows considering issues related to safety of the athletes before practices and competition takes place. The football program planning is not limited to developing a practice and game schedule only; it also covers players' safety and preparation as well as responsibilities of the coaching staff.

Valley High School football program provides evidence of compliance with the above responsibility in terms of the planned season practice and game plan that the team develops. This plan is evaluated by the school’s athletic director prior to the commencement of the first practice, thus ensuring administrative review prior to the participation of the athletes. This helps develop an organized structure for the season and also provides the program with a chance to address any issues regarding coaching and the activities involved before commencing practices and games.

The parent meeting prior to the season is another critical element in the process of planning for the program. At this meeting, the presentation on emergency actions plans and insurance is done for the parents, and attendance sheets are kept for documentation purposes. By doing so, it will help make sure that families are informed of their responsibilities as participants. It will also serve as a means of documentation that such presentations have been made.

It can also be noted that there are still some elements that can be improved in the program. Currently, there is no plan that includes documentation of progression drill sequence for each position group on a yearly basis. Without having documentation, it will be harder to prove that athletes are introduced to advanced drills at the right time. This is crucial since introducing advanced drills at a wrong time can lead to injuries.

2. Duty to Supervise

The duty to supervise requires an obligation on the coaches and sports management to provide proper supervision to the student athletes and the facilities where sports activities take place (Doleschal, 2006). This means that the coach should be present, give proper instructions, design practice sessions well, avoid any predictable injuries, and also secure the facility when supervision is no longer provided. Thus, supervision is a continuing requirement that continues during practice and not only when the athletes are practicing drills.

Valley High School football shows compliance through the requirement that there must be at least one certified coach present on the field until the last athlete leaves. This creates a situation whereby the coaches will provide direct supervision to the athletes whenever they are in the practice field. It minimizes the risk of leaving the athletes alone with no certified coach in the practice facility. Another area of compliance is the locking of the gate of the practice field after 6:00pm.

Further, compliance with regulations can be seen in the fact that the athletic director will conduct regular observations of at least one practice per week during the season. The purpose of conducting observations lies in providing an additional layer of supervision, apart from the supervision carried out by the coaches. Observations will help the athletic director learn how practices are organized and whether there are any concerns regarding supervision and organization of activities.

However, despite these factors, there are still some deficiencies in the program which should be improved. First of all, there is a problem with early departure of assistant coaches. If an assistant coach leaves early and not all athletes leave the field, the coach will supervise more athletes than it should be done according to the plan. The second deficiency is the lack of a written checklists for entering/exiting the facility.

3. Duty to Assess an Athlete’s Readiness for Practice and Competition

The duty to assess an athlete's readiness for practice and competition involves making sure that athletes are prepared both physically and medically to take part in such practices and competition. Determining readiness in this sense involves considering aspects of the health, physical and skill readiness of an athlete, as well as making sure that the athlete undergoes the required medical screening. Readiness becomes particularly critical if the athlete has had an injury, as continuing without clearing the injury exposes them to further risk.

Valley High School football program fulfills this responsibility by including the use of the state physical form in their athlete assessment program. The utilization of the state physical form helps ensure that the athlete has undergone the proper medical screening before he/she participates. The program also requires a return to play form signed by a doctor following an injury which causes the athlete to miss more than one practice.

Another area where compliance can be found is the weekly check done for academic and attendance purposes to determine which athletes might need further assessment in terms of academic ineligibility. While this check is not a medical one, it still plays a role in assessing the readiness of the athlete in question to become a part of the program. With such an approach, the program can discover any possible problems rather than wait until they hinder the athlete’s participation.

However, there are two identified deficiencies. First, the program lacks a standardized functional movement screening for incoming freshmen athletes. In case there is no such screening process used by the program, it means that the program does not follow the same procedure of identification of possible movement issues with the help of this screening. The second one is that sometimes the participation of an athlete with a minor ankle sprain is allowed on the grounds of verbal assurance from the parents of the athlete.

4. Duty to Maintain Safe Playing Conditions

The duty to maintain safe playing conditions involves recognizing the existence of faulty equipment and/or hazardous environmental conditions that pose a risk to the health of players. This obligation also involves monitoring of the playing grounds and assessing weather conditions that may compromise the safety of the players. Environmental conditions, such as extreme heat and humidity, are crucial, since the environment calls for modification of normal practice activities.

This obligation is fulfilled by Valley High School football by conducting a daily inspection of the practice field. The field is assessed for holes, standing water, and debris before any use of the field. Inspections provide an opportunity to recognize physical obstacles to safe participation prior to starting of practice. It is crucial to conduct the inspections on a daily basis since the condition of a field may vary from one practice to another.

Additionally, the program employs a wet bulb globe temperature monitor to ensure the environmental conditions. When conditions are reached where some action needs to be taken, mandatory water breaks and adjustments in the practice are undertaken. This indicates that the program takes into consideration the weather conditions before determining the way of conducting the athletic activities and does not follow the practice routine regardless of the conditions. The monitor serves as a concrete means of determining the need for change.

However, the program has two deficiencies that need to be improved. First, it is the delay in the repairing of the visitor side bleachers due to the existence of the loose board. As soon as any hazard is detected, it is crucial to address it in time since it would mean neglecting the problem and leaving the hazard unattended. The second problem is the absence of a checklist that is prepared every time after the storm.

5. Duty to Provide Proper Equipment

The duty to provide proper equipment necessitates that athletic programs have equipment for athletes which is clean, durable, maintained well, and safe for use. In the case of football, proper protective equipment is particularly important because athletes will engage in physically challenging activities. Equipment needs to be fit for purpose and needs to undergo regular inspection for any damage or wear and tear. Helmets and pads need to meet relevant safety guidelines and should be individually fitted.

An example of compliance with this requirement by Valley High School football program is that all helmets get reconditioned annually through a certified vendor. The procedure gives a standard way through which helmet safety and maintenance can be ensured rather than letting the helmets continue to be used endlessly without being checked or professionally reconditioned.

The requirement that all players must wear a mouth guard during contact practices represents yet another layer of protection for the program. Such a requirement helps develop consistency of the expectation for the players participating in the activities that involve contact and minimizes the chances that any particular player will make their own decision about wearing protective equipment.

However, there are two issues that should be addressed further. First, the program still uses practice jerseys that are worn out and do not have proper padding anymore. Old padding can lower the level of protection that this equipment is expected to provide. Second, there is no official inventory system that monitors the age and quality of the equipment besides helmets.

6. Duty to Instruct Properly

This responsibility mandates that coaches train their athletes in a sequential manner while showing them techniques that will enable them to be safe when engaging in the game. The training must begin with proper fundamentals before the athletes engage in advanced maneuvers. Coaches have the responsibility of informing their athletes about certain practices that put them in danger.

Valley High School Football exemplifies compliance in the area of position group progression as evidenced by the training process highlighted in the coaching playbook. It helps the coaches have a structured way of training their athletes in various skills while at the same time making sure that it is done in a sequence. Another compliance area is the verbal and written warning on the illegal techniques of blocking and tackling.

The importance of teaching progressively cannot be underestimated as football players start from different experience levels. When organizing classes according to positions, the coach will be able to concentrate on teaching skills that are necessary for this particular position, and the process of training will take place within a certain framework. Warnings in oral and written form also indicate that the athletes should use the techniques learned properly.

There are two points where the program requires improvements. First, the program doesn't include video feedback classes that would help the younger athletes learn safe techniques. Because of the absence of this learning method, younger athletes might lack the opportunity to see their own mistakes. Secondly, there is no documentation about which coach gave what module of instruction.

7. Duty to Match Athletes During Practice

The responsibility to match athletes during practice entails taking into account various elements including maturity, level of skill, age, size, and speed when deciding on who will be practicing and having contact with each other. Matching is very essential since putting two athletes with varying abilities in particular activities might make injuries happen. Therefore, coaches should go beyond just considering an athlete’s position or level of experience when making practice groups.

Currently, Valley High School football satisfies this responsibility through the organization of some of the practices through ability groups. Grouping athletes by ability ensures that the coaches do not treat all athletes as if they are all of the same level. Another form of compliance is the avoidance of full contact games for freshmen against seniors.

The separation of freshmen and seniors during full-contact sessions is especially important since the athletes at various levels of high school will probably have different levels of physical maturity and experience. Likewise, ability-grouped practices mean that the coaches can choose practices that are related to the actual skill level of the athletes. These examples indicate that the program already takes into account some athlete-related characteristics for the practice activities.

One of the flaws is the lack of a systematic weight and maturity matrix for live scrimmage formation. While coaches create ability groups and refrain from putting freshmen and seniors together, there is no written procedure for the selection of the participants based on the corresponding characteristics. Another flaw occurs during late-season practice sessions of the junior-varsity and varsity programs, where athletes get mixed up due to small numbers.

8. Duty to Condition Properly

The duty to condition properly entails coaches formulating conditioning plans that will prepare athletes progressively for their sport. Conditioning will entail considering the maturity and preparedness of the athlete, as well as the environmental factors that surround the training process. A conditioning program must never subject athletes to strenuous exercises without due consideration for gradual progression.

Valley High School football can show how this is fulfilled by having its graduated summer conditioning plan. A graduated approach will give athletes conditioning activities that lead up to the physical demands of the football season instead of starting off at the peak of the workload. Moreover, Valley High School will follow heat-acclimatization protocols according to state association guidelines. This will help take care of the environmental factors in the conditioning process.

Use of a graduated summer program also fits with the requirement of taking into consideration athlete readiness. As athletes come into the season, there might be variations in their conditioning. This way, there is an effective method of increasing workloads. Guidelines on heat acclimatization constitute another preventive measure that takes into consideration the fact that athletes might take some time to get used to exercise in the hot environment.

There are two main things to improve. The first one relates to the development of individualized recovery measures for athletes coming back from injuries. While all the athletes might have been involved in the conditioning program, the recovery measures for the athlete coming back from injury might differ from those of the healthy athletes. The second thing concerns more exact calculation of cumulative workloads for athletes playing different sports.

9. Duty to Warn

The duty to warn requires that the coaches warn the athletes as well as their parents or guardians of the risks that come with participating in the sport. Athletes and their families should be aware that there are some risks that can occur while participating in sports, and some of the risks will depend on the type of activities that are being undertaken. When it comes to football, where the athletes engage in contact sports, warning them of such risks becomes an important aspect for the coaches.

The Valley High School football program is compliant with the duty to warn, considering that it uses a risk acknowledgement form for the sport which is signed both by the athlete and the parent. It is important that the program signs the athlete and family in this way since they acknowledge the risks involved in participating in the program. They are not just having verbal discussions to warn the athlete of the safety issues of participating in the game.

Preseason communication is critical and can be used as a basis of communicating before the athletes start playing. The use of a signed risk acknowledgment together with concussion and heat-related illness is an indication that both the risks associated with football and the special risks are catered for in this program. Signed acknowledgment acts as a piece of documentation to prove that the communication was done.

There are two shortcomings of this program. One, there are no sport-specific risks refreshers during the season. It is true that the preseason meeting is significant; however, it would also be beneficial to have some kind of refreshers to keep athletes and parents updated after the season starts. Two, there is no signed acknowledgment of athletes who join the program after the preseason parents' meeting.

10. Duty to Ensure Athletes Are Covered by Injury Insurance

Ensuring that the athletes are covered under the injury insurance obligation necessitates the need for the athletic program to confirm that student-athletes are adequately covered for their health or injury insurance prior to practice or game time. Insurance information is one of the aspects of participation clearance and should not just be assumed.

Valley High School football program complies with this obligation through requiring the online submission of insurance information prior to the first practice. The submission of the information prior to participation clearly defines a cut-off line when athletes are expected to fulfill the insurance obligation. It ensures that the athletic program does not just enroll the participants and seek to fill up the necessary information later on. Another aspect of compliance is the provision of hard-copy emergency cards by every coach. This makes the information readily available to coaches during practice and games.

The insurance information pre-requisite prior to first practice creates another administrative barrier to participation. Coaches are given the chance to assess whether the required information has been provided prior to allowing athletes into the regular practice sessions of the program. Emergency forms also serve as another protection because the coaches will have the necessary information available while overseeing the athletes.

There are two weaknesses still existing in the program. One weakness is that there is no means by which it can be verified that the insurance policies of the athletes are still active throughout the whole season. Gathering the information before first practice does not guarantee that the policy stays current for the duration of the season without some sort of check on its validity. The second deficiency is that the program sometimes relies solely on the athletic trainer to possess the insurance information while the practices are ongoing.

11. Duty to Provide Emergency Care

The obligation to offer emergency services means that coaches and athletics staff have to be ready for offering the right response whenever any athlete gets injured or gets into any other medical emergency. It is the responsibility of the coaches to know the appropriate measures they have to apply based on the approved first-aid procedures. It is important for coaches to have emergency preparedness as athletes get injured during both practice and contests.

Valley High School football meets this obligation in a number of ways. First, it is the obligation of all coaches to have the current CPR/AED and first-aid certification. With this, it means that coaches will have training necessary to handle emergency cases and that they renew their certifications regularly rather than once. The second way in which this obligation is fulfilled is through having an AED available for all the practices and contests.

The combination of current certification and availability of an AED provides the program with an already set foundation for responding to emergencies. The coaches must be up-to-date with their CPR, AED usage, and first-aid certification, and there must be an AED during the activities of athletes. Thus, the program is well-prepared for an emergency in terms of both people and equipment. However, it is important to keep these requirements due to the fact that an emergency response should not be based on the assumption that medical personnel will be available during each athletic activity.

There are two issues which need to be addressed in this program. Firstly, there should be some regular drills related to emergencies other than the required certification. Certification is needed for training; however, some practical drills would help coaches practice their responses in an athletic environment. Drills may also help determine individual responsibilities in an emergency situation. Secondly, there should be more coaches trained in managing spinal injuries.

12. Duty to Develop and Follow an Emergency Response Plan

The duty to develop and follow an emergency response plan necessitates the athletic program to have protocols on how to handle emergency situations including dealing with the injury of players, monitoring other healthy players, availability of emergency equipment, provision of medical help and paths that can be used to access the location where the situation occurs.

Valley High School Football program fulfills the requirement of creating and maintaining an emergency action plan since it maintains its own written emergency action plan that is reviewed yearly. Yearly reviews give the program a chance to assess the emergency action plan and make sure that the staff members are aware of the existing protocols. Posting of the plan in the athletic training room and coach’s office is another area that shows the program meets this requirement.

The written plan will also create a structure in which various responsibilities can be handled during emergencies. Emergency management is not only about taking care of the injured athletes but also about managing other team members, making sure that the emergency equipment is ready, and bringing in medical assistance. The existence of a written plan will help with the management of these responsibilities.

There are two aspects of the program that should be improved. The first thing is that more rehearsals are needed, where all coaches should participate together. A once-a-year written plan review cannot substitute for a rehearsal since there is no chance for coaches to practice their responsibilities in the actual sport environment. Secondly, there should be a clear designation of roles when the athletic trainer works at several sites.

13. Duty to Provide Proper Transportation

Proper transportation involves making sure that the athletic program has organized ways of safely transporting the student athletes to and from athletic events. The responsibilities of the athletic program in terms of transportation include having to use the appropriate school or district transportation where necessary, keeping accurate records of the athletes that are travelling and having people transport the athletes that meet the necessary requirements.

Valley High School football shows compliance through the use of district transportation for all their away games. Using the district transportation ensures that the program has an established means of transporting the athletes as opposed to letting the athletes find their own means of transportation to the away games. The other aspect of compliance is the written roster check before leaving and upon return.

The written roster checks are especially significant because the transportation means creating time when the athletes are not at the school and athletic center. Conducting the check before departure helps the coach know who exactly will be participating in the transportation, while conducting the check after the arrival is another chance to check the athletes. The use of the district buses along with such procedures shows that there is already an organized transportation process in the program.

Nevertheless, there are two weaknesses in the program which should be taken into account. First, parent carpooling is sometimes used without completing volunteer-driver forms. While the use of parent transportations might be necessary in some cases, it leads to inconsistency in the transportation process if the required papers are not completed. The second weakness is the absence of the alternative procedure of communication in case of bus delay. There is no alternative procedure of communication in case of bus delay in the program.

14. Duty to Select, Train, and Supervise Coaches

It is the responsibility of the Athletic administrators to make sure that coaches have what it takes to be able to discharge their responsibilities towards the student athletes (Mirsafian, 2016). The role here goes beyond simply appointing people to become coaches. It is important that coaches are well trained to enable them to handle their responsibilities effectively.

In Valley High School football, one can see compliance with regard to the training of coaches since it requires that all paid and unpaid coaches undergo the state coaching education course. This creates a uniform training program for those who have been appointed coaches regardless of whether they get paid or not. The second form of compliance comes from the annual safety training program undertaken by all the coaches.

Coaching education and annual safety training provided by the state create a solid base for preparing a coaching staff of the program. At the same time, the application of the requirements to paid and voluntary coaches equally creates consistency across the whole coaching staff, which is necessary since the student-athletes can have interaction with any member of the coaching staff during practices and competitions. Setting up equal training expectations will enable the coaches to be aware of their responsibility.

However, there are two areas that can be further developed. First, the program does not have an efficient mentoring system for first-year assistant coaches. While these assistant coaches might have received education and training according to all the requirements, they do not necessarily receive the same amount of practical advice as mentors. The mentoring process will allow the first-year coach to learn about the practical approach of the program to its safety and legal-duty responsibility. Second, there is no mid-season safety and legal-duty performance review in the program.

Conclusion

The fourteen legal duties need to be fulfilled for the safety of student athletes and minimizing the liability of institutions. There are many instances where Valley High School football shows compliance in various legal duties. However, the process of documentation, verification and training needs improvement. Attention to all legal duties will make the chances of injury and litigations minimal for all participants. Living in the age of increased consciousness of litigation demands that policies are drafted, communicated and enforced consistently.

References

Cotten, D. J., & Wolohan, J. (2016). Law for recreation and sport managers. Dubuque, Iowa:

Kendall Hunt Publishing Co.

Doleschal, J. K. (2006). Managing risk in interscholastic athletic programs: 14 legal duties of care. Marq. Sports L. Rev., 17, 295. https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1385&context=sportslaw

Mirsafian, H. (2016). Legal duties and legal liabilities of coaches toward athletes. Physical culture and sport. Studies and Research, 69(1), 5-14. https://reference-global.com/download/article/10.1515/pcssr-2016-0002.pdf

Appendix F

Fourteen Legal Duties of Athletic Personnel

· Duty to Plan

· Make an annual plan, stick to and act on it.

Ensure that there is minimal or no injury or loss by having responsive strategies developed in:

1. Coaching competence

2. Medical screening

3. A suitable activity to take into account age, maturity and environment

4. Injury response

5. The athlete and family will be warned.

6. Alcohol and other drug abuse, family neglect or abuse of children will be covered by child advocacy.

Duty to Supervise

A coach must be:

· Physically present

· Provide competent instruction

· Educate practices to reflect the age and maturity of players.

· Avoid the risk of potential injury and take appropriate action when injured or in case of trauma

This duty includes making sure facilities are secured and students cannot access the facility if a competent staff member is not physically present to supervise.

A coach must also supervise the condition, safe use, maintenance and upkeep of equipment and facilities.

Duty to Assess an Athlete’s Readiness for Practice and Competition.

· Coaches must assess health and physical or maturational readiness skills and physical condition of athletes.

· Athletes are required to undergo medical screening per CIF regulations prior to tryout, practice and competition.

· If an athlete is injured and needs the attention of a physician, the athlete may not return to practice or competition without written permission of physician.

Duty to Maintain Safe Playing Conditions

· Coaches are trained professionals who have more knowledge and skill than they are expected to have, and have the ability to recognize potential causes of injury associated with equipment that is defective or unsafe.

· The athletes should not be put through extreme or extended conditioning during extreme hot humid weather conditions and weather conditions should be assessed.

· There needs to be a plan in place for monitoring and reacting to hazardous weather.

The duty to provide appropriate equipment.

· Coaches must ensure that athletes are properly equipped with clean, durable and safe equipment

· The protective gear should be NOCSAE (National Operating Commission on Safety in Athletic Equipment) certified and should be fit-tested and worn properly.

· Athletes must wear protective equipment any time they are exposed to the full rigors of contact in practice or competition

Duty to Instruct Properly

· Athletic practices should be a sequence of instruction that considers the logical progression of the basics that prepares the player for a more advanced progression of knowledge, skill and capability.

· Instruction should show good, safe technique and feature warnings regarding unsafe technique and prohibited practices.

· Each athlete is required to have their duty to match during practice.

Duty to Match Athletes During Practice

Players during practices should be grouped according to:

· Maturity

· Skill

· Age

· Size

· Speed

Duty to Condition Properly

Practices should include a series of cardiovascular and musculoskeletal conditioning programs that gradually build up the athlete's readiness for more strenuous practices and competitions.

Weather, maturational and readiness factors should be taken into consideration.

Duty to Warn

· Coaches should inform parents and athletes about unsafe practices of a sport and risk of injury/death.

· A generic warning, signed by both athletes and parents is included in the physical packet but sport specific warnings should be included at the parent meetings for specific sports

Duty to Injury Insurance Covers ensure Athletes

· Athletes must be cleared through the athletic office prior to participation and should not be allowed to participate without this clearance

Duty to Provide Emergency Care

· Coaches are expected to be able to carry out approved, prioritized and standard First Aid procedures in response to a range of traumatic injuries.

Duty to Develop/Follow an Emergency Response Plan

Plan must include a health and safety checklist.

o Plans should be prepared to:

· Provide care for uninjured team members during the time it takes to administer emergency care to the injured athlete.

· Make sure a well-equipped first-aid kit, a spine board and other emergency response gear are available

· Have access to a telephone and make sure to call EMS in a timely fashion

· Make it easy to get to injured athlete quickly and efficiently by having coaches or team members available at the driveways, parking lots, entry doors and remote hallways.

Duty to Provide Proper Transportation

· Use of district transportation should be maximized while going to athletic activities.

· Make sure that all players are on the bus before leaving the away game

· Parent Drivers: Coaches and/or parent drivers will need district volunteer driver forms to drive athletes.

Duty to Select, Train, and Supervise Coaches

Athletic administrators will be asked to make sure coaches can offer safe conditions and activities as described in the list of duties above: