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Athletics and the Law and Practices to Follow:

Athletics and the Law and Practices to Follow By: Victoria Castillo Professor Kincaid, Pe565 4-9-17

Negligence:

Negligence Negligence is an unintentional tort that causes injury to a person in the form of physical injury, property loss, or reputation. As coaches and educators one way to prevent negligence is to remind our selves of the four elements: Duty, Breach of Duty, Damage or Injury and Proximate Cause.

Four Elements of Negligence:

Four Elements of Negligence Duty Breach of Duty Damage or Injury Proximate Cause As coaches we must owe a duty to protect the participant from unreasonable risk of harm. As coaches we must Breach its duty to protect the participant of unreasonable risk of harm. The participant must suffer physical damage. The Breach of Duty must have been the proximal cause.

Defenses against Negligence:

Defenses against Negligence If the four elements and the participant cannot show that all elements are met. Then there is no negligence and cannot file against the coaches. Some concepts to know is common law, contract law and statutory law. Being familiar with these terms will help with allocations of risk.

Waiver and Releases:

Waiver and Releases As coaches and educators when having students/athletes participate in sports teams, field trips and etc. It good to have the participant to sighn waiver and release forms. A waiver is a contract in which the participant or user of a service agrees to relieve the provider of the duty of ordinary care (Cotton, Wolahan 2013). Once the participant signs it releaquishes the right to pursue legal action legal action to sue against the service provider.

Continued:

Continued It is good to have participants to sign waivers for informed consent, participation, facility lease, equipment rental, and indemnification. All of these that are listed help the coach or educator liable for mishaps.

Premises Liability :

Premises Liability Is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises (Wikipedia, 2017) . “It is expected that the owner or operator of a sport or recreation business will provide a resonalbly safe environment for all who enter the premises” (Cotton, Wolahan ; 2013).

Continued:

Continued As a coach/teacher there are four duties or obligations that a facility owner owes an invitee in order to provide a safe premise for athletes and students. •     Inspect the facility to discover defects or hidden hazards. •     Remove or repair dangerous conditions. •     Make the facility reasonably safe. •     Warn users of hidden hazards.

Products Liability :

Products Liability As coaches/teachers there are three product categories to look out for: Design Defect: occur in products that cause harm as a result of issues related to the family design of a product. Manufacturing defects: product errors that result in flaws to an otherwise defect-free product design, and manufacturing process. Marketing defects: Occur when the warnings or instructions accompanying a product are inadequate rendering the product not reasonably safe. (Cotton, Wolahan , 2013)

Emergency Care:

Emergency Care As coaches and teachers it is key to have an emergency respond plan. Creating an Emergency Action Plan for yourself and others to follow will help an emergency run smoothly. Some examples that can be on a response plan can be injuries, weather related emergencies, hazardous spills, civil disturbance, bomb or terrorism threat, earthquake, medical emergencies, fire and the media. Knowing what to do and acting fast can make you or break you.

Supervision:

Supervision Supervision is a term donating responsibility for an area and for the activities that take place in that area it includes coordinating , directing, overseeing and etc. Duty to supervise arises in two categories. General Supervision: oversees individual or small groups involved in an activity that does not require constant, unremitting of the activity or facility. Specific supervision: constant and continuous the type of supervision that is more appropriate for individuals or small groups receiving high risk instructions. Knowing these different types will help you become a better coach/teacher.

Transportation:

Transportation Duty of transportation must be provided in a safe manner regardless of the mode of travel. Coaches must know the duty to provide a manner of safe transportation begins at the point of departure and continues until those using the transportation have been returned to the original departure point. There is a duty of care, transportation of care and independent contractors we as coaches must be familiarized with.

Assault and Battery :

Assault and Battery As Coaches we must know what elements of Assault and battery Three elements of assault: An intentional act by defendant. Causes reasonable apprehension on the part of the plaintiff. Imminent harmful or offensive.

Continued :

Continued Elements of Battery: Intentional conduct by defandent . Causing harmful or offensive contact to plaintiff. Without consent. It is our duty to know this and its defenses.

Criminal Law and Sport :

Criminal Law and Sport Crimes are thought of as harmful acts against individual persons. There are three crimes that are possible to occur in recreation and sport: Crimes against persons. Crimes against public welfare Crimes against Government. It is our duty to know what categories they classify as.

Risk Management Process :

Risk Management Process Duty of Risk management plan is: Developing the risk management plan. Implementing the plan. Managing the plan. By coming up with a plan it will help control the financial and personal injury losses from sudden, unforeseen, unusual accidents and intentional torts.

Audits of Risk Management :

Audits of Risk Management Duty of conducting the audit must look into all areas. The committee must complete a legal check up of the organization in order to discover and minimize potential financial threat. There are many categories that may be included in an audit. Some are financial information, property facility, operational liceneses and etc. When it is time to conduct the audit the committee should come to an agreement on all aspect and prepare recommendations.

Crisis management:

Crisis management It focuses on allowing the organization to achieve its mission under extraordinary circumstances. It is intended to prevent or reduce the damage a crisis can cause to an organization. Developing a plan is to formulate a planning committee. Identify the significance of the crisis and have an response. Practicing the plan is key so you may know what to do when it actually happens.

Due Process :

Due Process There are to types of due process procedural process and substantive due process. To resolve the dispute you must answer 3 questions: Is there governmental or state action. Does the government action deprive an individual of “life, liberty or property”? How much do process is due. This will help when it comes to search and seizure.

Search and Siezure :

Search and Siezure you need probable cause to search or invade someone's privacy. You must first know if there is state of action. This action or conduct must be taken up by the State, local or federal officials is state or governmental action for the purpose of the 4th Amendment. in order to proceed with the search they must have a warrant. a search occurs when an expectation of privacy which society is prepared to consider reasonable is infringed. the court or School must have a valid reason or evidence to perform a search or test.

Drug Testing:

Drug Testing The fourth amendment helps protect athletes/people from being drug test. You have to have reasonable cause to do so. The NCAA is a private organization and the 4th amendment does not protect private institutes. It is determined by the conduct search when an expectation of privacy which society is prepared to consider reasonable or infringed. If the court feels they have cause they may order the athlete to pursue taking the drug test. I feel it is good and it has rules to have athletes hold themselves to be accountable. Accomplishments should be awarded with good all hard work and not with the help of drugs.

Participants with Disabilities:

Participants with Disabilities Individuals with a disability fall under the 504 plan. It is to provide individuals with disabilities the opportunity to participate in physical education and athletic programs or activities with out being discriminated against due to their disability. To successfully pursue a claim under the 504 he or she must establish: the individual with a disability has a record of having, or one who has been regarded as having a physical or mental impairment that substantially limits a major life activity.

Continued :

Continued The second is the individual is otherwise qualified for the athletic activity. The individual must show that with reasonable accommodation he or she can participate. if the individual is being excluded from athletic/physical education solely by reason of their disabilities. the school, or institution is receiving federal financial assistance meaning all public schools in the United States would fall in this category. Since virtually all schools are federally funded. These are fundamental concepts for all the enjoy and participate.

Gender equity and Title IX:

Gender equity and Title IX Gender equity and title IX is protected by the Equal Protection Act. This Allows female athletes to participate in contact sports. It helps out when it comes to scheduling seasons. It also helps with funding. Title IX rules and laws are necessary to improve the lives of young girls through sports.

Work Cited :

Work Cited Cotten , D., & Wolohan , J. T. (2017). Law for recreation & sport managers (6th ed.). Dubuque, IA: Kendall Hunt Publishing Company Wikipedia. ( n.d. ). Retrieved April 10, 2017, from https://www.bing.com/search?q=wikipedia&form=EDGNTC&qs=AS&cvid=0d490c3617d940d0a464a9a645d6803f&pq=wi&cc=US&setlang=en-US

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