Athletic Department From Title IX to risk management, athletic directors must understand their obligations under the law
By Kevin Hoffman, Managing Editor
etween programs and bud- gets, there looms a larger re- sponsibility for athletic direc- tors to protect coaches, students and their schools from costly lawsuits re- sulting from negligence within their own departments. The question is how.
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Sports law can be complex and the thousands of requirements and regula- tions seem to change at a rapid pace. Athletic directors must keep up, and the best way to achieve that is by seeking help from school officials and sports attorneys who can provide guidance on creating a safe playing environment that meets all legal obligations. Some of the biggest challenges facing athletic directors today are
Title IX, risk management and bully- ing—each presenting challenges for high schools. By developing a thor- ough understanding of the laws and regulations with each, athletic direc- tors can take a huge leap forward in providing the best leadership for their athletic programs and their schools.
Title IX Challenges Title IX is 40 years old, and although most athletic directors are accustomed to the rules and regula- tions accompanying it, it continues to create problems for school districts that have trouble complying. Peter Goplerud, dean at the Flor- ida Coastal School of Law in Jack- sonville, Fla., says athletic directors don’t seem to be as educated on the requirements of Title IX as they
should be. Several high school ath- letic departments around the nation are investigated each year for appar- ent violations. Federal officials are currently re- viewing a Texas high school after the former girls soccer coach filed a complaint. The coach resigned in part because he says his compensa- tion was not equal to the pay given to coaches in other sports.
“I encourage the school board to
Risk management is a growing concern today, especially with a heightened awareness of head injuries. Athletic directors must have policies and staff in place to protect student-athletes.
44 May/June 2013
take a close look at Title IX and as- sure that all sports are being treated fairly and equally as required under the law,” the coach told the school board, according to media reports. “The football program is great and deserves the recognition that it gets. Fortunately, for all other sports at the high school, Title IX says that they deserve the same treatment.” Another high school in Massa- chusetts is under review for its re- sponse to two sexual assaults com- mitted by a male student-athlete. The federal Civil Rights office says the school did not appropriately re- spond to the crimes, did not have appropriate Title IX grievance pro- cedures in place and did not have a designee coordinating the district’s compliance under Title IX. Issues also are apparent at the collegiate level. In 2012, Quinni- piac University (Conn.) was found to have violated Title IX by not providing enough opportunities for its female students. The university claimed competitive cheerleading was among its offerings, but the ap- pellate court rejected the argument. Goplerud’s colleague Ray Yasser
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Protecting Your
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