has litigated a number of Title IX cas- es and was successful in nearly all of them. Goplerud says that’s because for the most part school districts were ei- ther clueless to the regulations or they simply had no interest in complying. “The sports don’t have to be ex- actly equal as long as the overall opportunities are equal,” Goplerud says. “But when you have a base- ball team that has a nice playing fi eld with grandstands and dugouts and the team travels all over to play in tournaments and then you have the girls softball team that plays all its games in a public park, changes uniforms in a bathroom at a conve- nience store and doesn’t get to take trips, you have a problem.
“It seems to be an obvious case, yet those kinds of things happen all the time.” It’s realistic that some offi cials show blatant disregard for Title IX requirements, but many athletic direc- tors say they’re dealing with a delicate balance where budget cuts force them to fall out of compliance. When ath- letic departments try to save money by dropping sports, it must be accom- plished in a way that doesn’t offset the number of opportunities available to boys and girls. That sometimes forces unpopular cuts to programs that still have a great deal of demand. Budget cuts are a common occur- rence with sports departments around the nation, but Goplerud doesn’t be- lieve it’s an issue that causes athletic directors much grief. But for those who do feel they need some sort of guidance, it’s important they consult with the school district’s attorney. “I don’t think it’s that complex,” Goplerud says. “I think it’s a matter of priority. It also may be a matter of how frequently the athletic direc- tor or the principal is communicat- ing with legal counsel and how well versed the school’s attorneys are.”
Emphasize
Risk Management At the forefront of critical issues facing athletic directors is injury man-
coachad.com
agement, particularly with growing concerns over concussions and what schools are doing to protect student- athletes. While it’s nearly impossible to prevent injuries—especially in contact sports like football—there are precautions athletic departments should take to limit the dangers. The fi rst is providing student- athletes with top-of-the-line equip- ment. Robert E. Wallace Jr., a St. Louis attorney who has counseled profes-
Be careful on your rules and always go back to the mission: What are we trying to accomplish?
“ ”
sional and college teams, says budget constraints cannot be an excuse to pro- vide athletes with anything less than the most effective helmets and pads. “Certainly in terms of football, you want to make sure that you have the latest technology that you can reasonably provide under the cir- cumstances of your program,” Wal- lace says. “I also think you need to make sure that your coaches are teaching proper technique in order to protect themselves.” Technique on the playing fi eld
doesn’t receive as much attention as equipment or regulations, which have almost entirely dominated the discussion on improving player safe- ty. Football programs, for example, can decrease the number of concus- sions by helping student-athletes strengthen their necks in the weight rooms and teaching players correct tackling techniques.
Another factor is playing facilities. Athletic directors must be diligent in making sure the school’s fi elds and courts don’t present hazards that con- tribute to the risks athletes already face during competition. But while
that’s necessary, Goplerud says it’s how coaches respond to a potential injury that could create the biggest problems for schools.
“The evolving protocol, which the
NFL is now the leader in, is a start- ing point for evaluation of anybody that gets hurt and all of the immedi- ate testing by the trainers and physi- cians that take place before you al- low anyone back into competition,” Goplerud says. Baseline testing is one of those practices, and even though its not mandatory in college or high school sports, Wallace says schools should consider adopting it on their own. Not only does it protect athletes from potential life-altering injuries, it also decreases the chances that the school or athletics program will face law- suits resulting from negligence. Baseline testing itself isn’t fool- proof, and the process has come under scrutiny for its effectiveness after many coaches claim athletes have learned how to circumvent the system. If the athlete “sandbags” the initial test, it’s possible the trainer will have diffi cultly determining whether a concussion has occurred during a game.
Having something in place still
shows parents and the school dis- trict the athletic department is se- rious about addressing signifi cant
ATHLETIC DIRECTOR TAKEAWAYS
• The thousands of laws and regula- tions involving sanctioned sports might require the help of state associations or sports lawyers to understand.
• Put in place baseline testing or other methods to protect student-athletes and your school from lawsuits.
• Recommend that your school’s attorney attend seminars or webinars to improve their knowledge of sports law.
May/June 2013 45
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