Legal Issues in Coaching

How to Avoid Them

Legal issues and concerns are all around us and coaching is not immune. So today, I want to share with you some words of wisdom from experience and some quotes from legal sites to get you to think, prevent, and hopefully discuss with your closest coaching buddy.

Note: I am no lawyer and do not take this post as legal advice. I am simply sharing legal issues based on what I have seen in my 30 years of coaching plus cited sources.

What I’ve Seen

Over 30 years I have seen, read, or heard of many high school coaches back themselves into a legal corner. Years ago and yes some today, some of the legal issues involved teacher-student relationships. Today, these illegal relationships continue but we see a rise in coaches pushing their players over their abilities and seriously hurting or in some cases killing the individual student.

Bad Decisions Hide in the Locker Room

There is one place where “bad decisions” by players can cause a coach or a coaching staff their career(s). Back in the day, the locker room was a place of talking and jokes amongst teammates and maybe stealing a towel and at worse a towel pop.

Today, the locker room is still a place of camaraderie but can also be a place where a “prank” can go too far. Today, “hazing” and “locker room pranks” are done!

Never tolerate, condone, or accept a “joke” in which another person is touched, bullied, or items taken. This will be the beginning of something bigger if not talked about and stopped immediately.

I have witnessed an entire coaching staff “fired” for an incident in the locker room.

I have seen a great head coach “fired” for an incident.

Both instances were horrible acts committed on one player by another; and sometimes a group of players. These acts were so bad, some players also had legal issues.

Never let this get to this point!

Educate your staff and your players.

How You can Avoid Legal Issues

Referring to “what I’ve seen” above, the best way to prevent you being accused or neglectful is to treat every student/player as if it was your own child. Communicate with them as if what you wrote could be read by your spouse, parent, and lawyer and there is no “gray” area.

When communicating, always use an app that is open for all students, coaches, parents, and administrators. Also, choose an app where content can not be deleted. Moreover, do all communicating through an app like Remind101, Hudl, or SportYou. It is in your best interest to never text.

When pushing players to their limits or giving them a little extra for one reason or another - be careful. It is important to watch the player(s) perform and make sure they are always provided water. Also watch for signs and symptoms of heat exhaustion and heat stroke.

Besides the player dehydrating and possibly fainting, there have been some cases where the kidneys shut down and the player is hospitalized. Be smart about this. Do enough to get the point across, but never enough to cause or get close to causing any harm. That is just plain stupid!

Supervision is KEY

Want to save your job? Want to make sure your program stays out of the news? Then make sure and supervise all areas where players are. Supervise the field, weight room, parking lot after practice, and the locker room.

3 out of the 4 are easy. It is the locker room that is sometimes neglected. I used to tell my staff you don’t need to stand there in one place. Move around, blow the whistle, walk by the showers blowing the whistle, and keep moving. Just letting the players know you are there will prevent issues. If you hear noise, seek out the cause - do not ignore.

Be visible and be heard - supervise.

From Legal Writings

Taken from the article: by Linda Jean Carpenter, Ph.D., J.D. - Professor (retired) - Brooklyn College - Brooklyn, New York

Negligence, civil rights, contractual issues, and intentional torts such as defamation and battery are all legal concepts which have an impact on how you, as a coach, conduct your professional life. These and other related legal concepts can be looked at as problems and areas of danger for lawsuits or, from a more positive viewpoint, as guidelines for proper, professional behavior. Coaching, above all else, should carry with it a similarly positive viewpoint about the legal issues which relate to coaching being more productive and less likely to produce an adverse relationship with your athletes and their parents.

So with the positive viewpoint in mind, let’s review some of the legal concepts, which can help you be a better coach.

Figone (1989) and Engelhorn (2005)

Coaches’ legal duties . . . are as follows:

1. Providing a safe sport environment

2. Using the total knowledge and skills of instruction and training

3. Using of appropriate and functioning equipment

4. Planning for short- and long-term training program

5. Proper matching of athletes in practices and competitions based on their size, skill and power

6. Conducting sufficient supervision of athletes

7. Warning athletes and their parents regarding the inherent risks involved in their specific sport

8. Providing proper medical care

9. Preventing sexual harassment by other athletes and coaching staff, as well as discrimination

10. Reporting to the proper authorities in cases of child abuse.

National Federation of High Schools Association

Closing

Again, this entire post is for reading and to start a discussion with your staff on how you can better prepare and make sure to stay out of the court system. This is not legal advice. If you need further information or have a question be sure to contact your District’s legal counsel or an attorney of your choice.

Care for each player as if it was your own and supervise - supervise - supersive.

Daily Discipline

Coach - I think you’ll enjoy getting this Daily Discipline email from Brian Kight on weekday mornings. It’s a great source of quick, simple principles that are super helpful and encouraging. Really helps me focus to start my day.