Fourteen Legal Duties of Athletic Personnel – Duties #9 and #10 [NIAAA]

By: John Evers, CMAA | NIAAA

DUTY TO WARN

Informed Consent

• Coaches should provide education to all parents, athletes and staff
• Information should include possibility of injury, paralysis of death
• Examples of safe practices should be discussed and examples shown
• Examples of unsafe practices should be discussed and examples shown
• Education for general types of unsafe behaviors should be provided
• Education for sport specific types of unsafe behaviors should be provided

Modeling Appropriate Behavior

• Coaches shall not tolerate acts that violate safety standards
• Players shall be admonished for acts that violate safety standards
• All violations on the part of coaches, staff or athletes shall be documented.
• Athletes with repeated unsafe actions may be banned from participation
• Coaches who tolerate unsafe actions may be terminated for cause

Education

• Coaches shall show "Informed Consent" videos to players, parents and staff
• Athletes must not be allowed to participate before viewing such videos
• Parents must give consent to participate after viewing such videos
• Written guidelines for sports specific standards shall be given to all participants
• Written guideline for sports specific standards shall be posted in all facilities
• Safety standards shall be included in all coaching and student athlete handbooks
• Ongoing in-service safety education for coaches, players and staff shall be conducted

Documentation

• Coaches shall provide written forms for parents, parents and staff
• Written approval for participation must be signed by parents and athletes
• General "informed consent" forms shall be signed and kept on file
• Sports specific "informed consent" forms shall be signed and kept on file
• Documentation of posting of safety guidelines in all facilities shall be kept on file
• Documentation of ongoing in-service activities for staff and players shall be on file

DUTY TO ENSURE ATHLETES ARE COVERED BY INSURANCE

Historical Past Practices

• Some state associations do not mandate individual coverage
• Some state associations provide catastrophic insurance coverage
• Some districts do not mandate individual coverage
• Some districts provide some level of coverage for athletes
• Some districts provide catastrophic insurance coverage
• Many districts provide no insurance coverage of any type
• Tight budgets make this a difficult sell for schools and districts

The Case for Mandated Coverage

• Some degree of coverage will lessen liability exposure for local districts
• Some degree of coverage will lessen liability exposure for coaches and staff
• Some degree of coverage will benefit athletes in the event of injury
• Any degree of coverage shows sign of good faith on the part of the school or district

Some Best practices

• Put systems in place to require coverage prior to participation
• Some schools and districts provide individual coverage through third party groups
• Athletic departments should provide social services options for families with low income
• Some civic groups could work with schools to provide funding for indigent families
• Work with school insurance companies to provide limited athletic insurance
• Work with school insurance companies to provide some level of catastrophic insurance

Documentation

• Document all coverage for all participants through the athletic department
• Document all injuries that require treatment and payment
• Documents any additional funding to provide for families with limited income
• Document all injuries and payments that could lead to catastrophic coverage