“If it’s occurring in the context of a school-sanctioned team, there are circumstances where the school should reasonably know this is going on and there is the potential for ex- posure,” Goplerud says. “There are now states enacting legislation on bullying and it’s certainly something coaches and athletic directors need to familiarize themselves with. “Cyber bullying is a bit more dif-
ficult to identify and it’s still a devel- oping area of the law.” Bullying doesn’t just take place at the student-athlete level and ath- letic directors also are responsible for keeping a close watch on coaches and staff. An example is Rutgers University, where men’s basketball coach Mike Rice was fired in April after a video made public showed him verbally and physically abusing players in practice. While most of the general pub- lic believes Rutgers made the right choice in cutting ties with Rice, many others believe it was merely an example of tough coaching. Some coaches today say they had coaches like Rice when they were younger, but Bob Ruxin, a sports attorney and president of Kazmaier Associates in Massachusetts, says there is a new normal and coaches must learn to accept that. “Traditionally I think there has been a lot of coach bullying,” Ruxin says. “Coaches can be mean, but you have the Rutgers situation and the verbal abuse has been around high school athletics forever, and there is going to be an increasing sensitivity to that.”
One option for programs to safe- guard themselves from cyber bully- ing is to place restrictions on student- athletes’ use of social media—an undoubtedly unpopular decision that likely will result in pushback. Sites like Facebook and Twitter have be- come staples among high school students, but attorneys agree it’s ac- ceptable to place limitations on what athletes can do or say on social media. It’s a right they surrender once they
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become part of your athletic program. At the very least, athletic directors should institute a widespread policy that prohibits student-athletes and coaches from inappropriately engag- ing with others on the Internet. That behavior can harm students and the reputation of the institution.
Finding Assistance The various laws and liabilities surrounding sports departments can be confusing for athletic directors. Goplerud believes its uncommon for attorneys employed at school districts to be well versed in sports law. That leaves athletic directors wondering where to find help when they’re in need.
One option is the state athletic as- sociations. They typically can pro- vide some sort of guidance or, at the very least, recommend resources that lead to answers. The National Fed- eration of High School Associations also is a valuable organization.
If it’s too overwhelming to find the answer on your own, Goplerud sug- gests discussing the matter with princi- pals or superintendents. You may also want to recommend that your school district’s attorney attend seminars or participate in webinars designed to educate attorneys about sports law. The thousands of laws and regu- lation can be intimidating and com- plex, but Wallace says a lot of it comes down to common sense. Make sure you’re actions and policy reflect what’s in the best interest of students and staff, and your athletic department will be on the path to avoiding lawsuits and other harmful conflicts in the future.
“Be careful on your rules and al- ways go back to the mission: What are we trying to accomplish?” Wal- lace says. “There isn’t a manual out there for the right thing to do, but there is a moral compass that you need to have in how you deal with student-athletes.”
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Priority Code: HC0513CADR May/June 2013 47
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