NSIAAA Legal Update 2011

NSIAAA Legal Update 2011 Karen Haase Harding H di & Shultz Sh lt (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

Legal g Issues Todayy < < < < <

Concussions and Other Injuries Assumption of the Risk Transfer Eligibility Hazing Assistant Coaches

Concussions and Other Injuries

Concussions and Other Injuries  LB 260 • “…concussions concussions are one of the “most most commonly reported injuries in children and adolescents who participate in sports…”

• “risk of catastrophic injury or death is significant when a concussion…is not properly evaluated and managed.”

LB 260 Requirements  Schools make available training approved db by the h chief hi f medical di l officer ffi  Approved Courses: • Heads UP Concussions in Youth Sports (C (Centers ffor Di Disease C Control) l) • Concussion in Sports—What Sports What You Need to Know (NFHS) • C ConcussionWise i Wi (Sports (S t S Safety f t International)

LB 260 Requirements ď&#x20AC;ż School provide concussion and brain i j injury information i f i to students d and d their h i parents or guardians annually ď&#x20AC;ż Student must be removed from practice or game when coach or medico suspects student has sustained a concussion or b i iinjury brain j

LB 260 Requirements  If concussion suspected, hold students out until il • has been evaluated by a licensed health care professional • H Has written i clearance l from f li licensed d health care professional • Has written clearance from parents  If student t d t is i removed d from f activity, ti it mustt provide specific notice to family

The Bottom line:  BE CONCUSSION AWARE • In ALL sports  Consider implementing policy now  Nebraska Sports S Concussion Network

Assumption p of the Risk

Giannino v. Sachem Sch. Dist. (SDNY)  Player injured because student from opposing team was wearing illegal cleats  Sued school he attended  Court: • Student didn didn’tt assume risk other player would cheat • School couldn’t foresee or prevent cheating

Assumption p of the Risk  Don’t p plan on this doctrine saving g yyou  Parent-provided football helmets?

• No “safe” choice • Involve up-line administration • Involve the board

Transfer Eligibility g y

Mcgee v. Virginia High School League Inc. League, Inc (W.D. (W D Va)  6 High Schools Consolidated into 3 • Transfers out of assigned g school allowed • Activity Association refused to waive exclusion period  Parent claims: • Interference with right to raise child • Substantive S b t ti d due process • Irreparable harm

Transfer Issues to Consider  NSAA rule is lawful  Unusual circumstances  Special Education issues potentially tricky

Hazing

Hazing g  “any any activity by which a person intentionally or recklessly endangers th physical the h i l or mental t l health h lth or safetyy of an individual for the purpose of initiation into, admission into affiliation with, into, with or continued membership with any organization”

Culbertson v. Fletcher Pub. Sch. Di t (W Dist., (W.D.OK) D OK)  Student alleges g bullying y g and hazing g by y players and coach  Defendants moved to dismiss • Standingg • Timing of claim • Duty to protect • Section 1983 – conscious shocking • Policy

Sanches v. Carrollton-Farmers B Branch h IInd. d S Sch. h Di Dist. t ( 5th Ci Cir.)) ď&#x192;&#x2DC; Cheerleader alleged g school was indifferent to sexual harassment ď&#x192;&#x2DC; Appellate Court: ((1)) harassment was not based on sex,, (2) harassment was not severe, pervasive etc pervasive, ((3)) school not deliberately y indifferent since administrators took action that harassment policy required.

How Common is Hazing?  National study commissioned by North American Interfraternal ( ) Foundation (NIF) • 48% of college athletes reported that they had been hazed before coming to college - Male and Female athletes roughly equivalent in reporting experience - Types of hazing differed • 66% reported t d th they’d ’d observed b dh hazing i off others in high school sports

Hazing We’ve Seen in Nebraska  “Paddling” by upper classmen  “Freshmen eat a pepper” day  “Russian dick dick-lett” lett”

Volunteer/Community Coaches

Volunteer/Community Coaches  Head Coach is the supervisor  Provide P id training t i i and d keep k records d  Talk to yyour head coaches about wage and hour issues  Beware the justice system

NSIAAA Legal Update 2011 Karen Haase Harding H di & Shultz Sh lt (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase