HHP 420, HHP 428: January 2018

CHAPTER 01 HISTORICAL FOUNDATIONS

Why did PE/SPORT Develop?

Historically - The need for physically fit males to fight and go to war for their City/State and/or Country....

CHINA 2700 BC

Chinese believed in-activity led to disease; Cong Fu = Chinese Gymnastics... Activities incorporated into lifestyle 2700 BC....

INDIA 2500 BC

Their HINDU beliefs led them to avoid glorifying the body and accumulating the worldly goods. YOGA was developed. YOGA is stretching and breathing...

NEAR EASTERN CULTURES 2000 BC

The Middle East now - Egyptians, Persians, and Syrians, espoused a philosophy that life was to be enjoyed, including military training... Young Boys at age 6 began learning horse riding, hunting, javelin throwing, and running...

ANCIENT GREECE

Golden Age due to the influence - powerful city states with powerful military training centers

Athens - Athenian Culture revolved around philosophical inquiry and artistic inspiration. Deep Appreciation of the human body and mechanics of the human body by Aristotle and Archimedes

Sparta - Sparta was dedicated to Military Excellence... Highly fit and militarily skilled... Rigorous Mental and Physical training... Spartan is a popular mascot name...

Funeral Games were sporting competitions organized and carried out in honor of deaths of revered Greek Citizens (Sporting Wakes)... Cities would compete and winners would receive wreath of laurel or olive leaves to symbolize their athletic excellence....

National Festivals were a byproduct of Funeral Games and a predecessor to the Olympics - MALE ONLY EVENTS... The concept was amateurism "love of sport", in reality, Athletes took gifts and moved from city to city

Birth of the Olympics were held in 776 BC... The Ancient Olympics Games were to honor the Greek God Zeus... Running, throwing, jumping, boxing and wrestling... Who could compete

Male
Train for a minimum of 10 months
be a free man
maintain a perfect physique and good moral character
have no criminal record
compete within the rules
sign an athletes oath along with trainer and family

Once you signed up - you were forced to compete in the nude...
Roman Law in 393 BC ended the Olympics

ROMAN EMPIRE 500 BC - 476 AD

The worlds 1st great military civilization. Every citizen was prepared to go to battle - the "citizen-soldier" was the philosophy of life.
Romans became the first spectators of sport. Bloody/Violent Games to the death in the coliseum. The greatest professional fighter was Diocles.
To keep the gladiators healthy, the first sports medicine specialist was a Greek named Galen. He wrote about exercise and rest

MIDDLE AGES 476 AD-1600 AD

Dark Ages - Europe fell into the dark ages with the fall of Rome. Little is known about the specific details of life during this time. The Teutonic Armies rose to power with their physical prowess. 2 concepts added the the diminished of physical activities

The Christian Church and philosophy of Christian Asceticism "Glorification of the body was EVIL". Conversely punishment of the body was a way to remove the evil and elevate the spirit

Scholasticism = the love of knowledge and intellectual development. Time exercising was seen as wasted time

Age of Feudalism 9th-14th Century

Europe was governed by individual landowners who had their own military to protect their property. Knighthood training started at 7 and by 14 you became a squire, and at 21 you became a knight

Renaissance

Cultural re-birth of Europe in the arts, music, and physical activity. Body, Mind, Spirit with the relationship of physical health and learning

Italy - Educator Vittorino da Feltra
Pope Pius
German Church Leader Martin Luther
French Theorist Francois Rabelais
English Poet John Milton

EUROPE Mid 1700-Late 1800

Germany - German Gymnastics - national commitment to rigid discipline to protect its independence. Synchronized marching and posture

Sweden - Swedish Gymnastics - to protect and preserve the Swedish heritage.

Per Henrik Ling - founded the Royal Central Institute of Gymnastics in Stockholm, understanding of anatomy and physiology and exercise physiology
Lars Gabriel Branting - expanded the study of exercise anatomy and physiology to include cardiovascular, respiratory, and nervous system
Gusaf Nyblaes - military gymnastic enthusiast

Britain

Birthplace of outdoor sports; Golf 1600 and Cricket 1700

France

3 famous french in the area of PE and Sport

Jean-Jacques Rousseau proponent of education reform and challenged the church position on play and leisure activity
Johann Basedow - encouraged PE in schools
Baron Pierre de Coubertin - restarting the Modern Olympiad 1896

UNITED STATES

Colonial America

NEW ENGLAND COLONIES - Puritans - no pleasure
HUDSON RIVER AREA - Dutch - okay with physical activities
SOUTH OF DUTCH SETTLEMENTS - English Prisoners and Malcontents

Nationalist America

Early America stressed the the 3 R's... In 1802 US government opened US Military Academy in West Point, with a strong emphasis on physical training
Round Hill School opened in 1823 teaching formal gymnastics founded by Charles Beck.
Turnverein Societes influence in 1848 Cincinnati

Post Civil War

1st college teaching PE 1861 NORMAL SCHOOL

EXERCISE RELATED PROFESSIONS US

PE & Athletics 1800's - 1866 California mandated PE in school - 5 whole minutes... 1893 HARVARD granted a PE Degree

Athletic Training (NATA) & Sports Medicine developed 1900's... 1950 NATA founded... ACSM founded 1954

Health Promotion/Adult Fitness - today prevention.. Concept of Wellness starts... Two major events in 1950's... 1) we were falling behind Europeans K-12 in muscular Tests 2) Autopsies of the young men and women killed during the Korean War showed 70% had significant coronary heart disease

Sports Management - Ohio University started degree in 1967... the degree is suppose to prepare you to work in athletics, recreation administration...

Recreation & Intramural Activities - Campus or local communities... Also Exercise Specialist

Thursday, January 18, 2018

Detroit News: What MSU knew: 14 were warned of Nassar abuse

From Detroit News:
What MSU knew: 14 were warned of Nassar abuse
8 women reported abuse claims, at least one of which reached president

http://www.detroitnews.com/story/tech/2018/01/18/msu-president-told-nassar-complaint-2014/1042071001/

Sent from my iPhone

Spring 2018 HHP 420 SPORTS LAW SYLLABUS

Instructor:

Sean McAndrews, M.A. Email Mcandrse@wvstateu.edu

Class Time:

Fridays-Saturday 11:00AM – 12:15 Fridays class only

http://myonline.wvstateu.edu/ 50 course

Office Hours:

Monday - Friday 9:00 AM until Noon PM

Saturday - Sunday during home team Sporting Events.

Faculty Blog:

http://macdaddyncaasidhhp01.blogspot.com/ - I have a blog that I post discussion items.

Text Required:

INTRO TO SPORT LAW, SPENGLER, , 1st, HUMAN,

LAW FOR RECREATION+SPORT MANAGERS, COTTEN , 6th, KEND,

Course Description:

Ethical theories along with negligence law, contract law and constitutional law as they apply to sport and sport governance will be discussed. As a result of completion of this course the student will be aware of their individual obligation, responsibilities and their legal rights in terms of coaching and training decision-making and ethical moral judgment.

Prerequisites:

Must be a WVSU Sports Studies, Physical Education, Health Education or Health Science Major or with permission of the instructor. This course is recommended for upper level students ONLY.

Course Outcomes:

WHAT IS AN OUTCOME?

An outcome is what a student, MUST achieve in this course in order to be considered competent enough to advance to higher level Sports Studies courses and ultimately graduate from West Virginia State University.

At the completion of this course the student will: (NASPE standards are listed in bold).

1. The student will identify the differences between theories of justice and the concepts of rights and the psychosocial bases for moral reasoning. (NASPE Standard for Sports Coaches Standard 2, 3 and 4)

2. The student will utilize legal terminology used in sport case law and federal legislation through critical sport law case analysis both orally and written. (NASPE Standard for Sports Coaches Standard 2, 3 and 36)

3. Compare and contrast sport cases involving negligence, labor law and contract law. (NASPE Standard for Sports Coaches Standard 2,3 and 36)

4. Ethically and legally analyze the professional responsibilities of the athlete, coaches, and sports administrators. (NAPSE Standard for Sports, Coaches, Standard 1,2,3,4 and 36)

Attendance/Late Materials:

Materials are due per the syllabus date. Materials turned in late will result in ZERO points. If your county public school where you reside is canceled, you do not have to come to class. However you are responsible for what is covered that day… Late materials will not be accepted unless with a legal excuse – birth, death, sickness, court proceeding, citation, tow truck receipt. Students, especially teacher education majors, sports studies majors, will lead discussion of class and students will be assigned topics to cover in class. Logging on the night before class will definitely be beneficial to your grade.

HOW DO YOU ACHIEVE THESE OUTCOMES

You can achieve these outcomes in many ways! First of all, you must participate in class assignments, discussions, projects, and in-class learning activities. You will not be evaluated on participating; however, it MUST be understood that completion and understanding of these outcomes is not attainable without your participation. Participation is defined as frequent (at least twice per week) contact with your instructor. You will perform assessments that will assess your ability in the major outcomes for this course. The major outcomes of this course were designed with the NASPE-National Standards for Coaching Education as its foundation.

HOW DO YOU DEMONSTRATE YOU ARE COMPETENT IN THE DESIRED OUTCOMES?

All through the course and on each MAJOR ASSESSMENT (assessment of individual outcomes), you will be assigned a level of competency (70%) that the Department of Health and Human Performance believes reflects how well you should achieve on the given assessment. Your final grade will be based upon how well you have achieved on each individual assessment in the course. Your MAJOR assessments in this course will contain structured questions and critical thinking scenarios that will reflect ALL major outcomes being evaluated. This will give you the chance to show/demonstrate a better understanding of the competencies over time.

The MAJOR ASSESSMENTS will contain questions or be assignments designed to enable your instructor to evaluate your performance and understanding of the competencies with this course. You may be given assignments and/or learning activities in this course that will be assessed but not be considered a MAJOR ASSESSMENT. The instructor will use these as “benchmark assessments.” You will be given a certain standard to meet on these assessments and the data recorded will demonstrate that you are or (are not) competent in understanding of the competencies at hand and are ready (or not) to progress to a higher competency level. You are within a field of study that requires you to do more than merely memorize/know material and concepts. You MUST be able to apply this knowledge and these concepts to the “real world” and make critical decisions. You as the student should want to perform at your best ability on all assignments to become the best Sports Studies professional you can be.

SPECIFIC NASPE (National Standards for Coaching Education) this course will address

Standard 1: Develop and implement an athlete-centered coaching philosophy

Standard 2: Identify, model, and teach positive values learned through sport participation.

Standard 3: Teach and reinforce responsible personal, social, and ethical behavior of all people involved in the sport program.

Standard 4: Demonstrate ethical conduct in all facets of the sports program.

DOMAIN VII ORGANIZATION AND ADMINISTRATION

Standard 36: Fulfill all legal responsibilities and risk management procedures associated with coaching

GRADING SCALE

11 QUIZZES * 50 points = 550

2 Exams * 110 = 220

TITLE IX = 100

10 CASE ANALYSIS = 200

TOTAL POINTS 1070

1000 POINT SCALE

A = 90 – 100%. This grade shows evidence of OUTSTANDING performance and/or understanding of the complete outcome being assessed. (900 or more points)

B = 80 – 89% This grade show evidence of up average performance and/or understanding of the complete outcome being assessed. (800 to 899 points)

C = 70 – 79%. This grade shows evidence of AVERAGE performance and/or understanding of the complete outcome being assessed. (All MAJOR assessments should meet this standard) (700 to 799 points)

D = 60 – 69%. This grade shows evidence of BELOW AVERAGE performance and/or understanding of the complete outcome being assessed. (600 to 699 points)

F = 0 – 59%. This grade shows evidence of UNACCEPTABLE performance and/or understanding of the complete outcome being assessed. (000 to 599 points)

ASSESSMENTS ASSOCIATED WITH THIS COURSE

NOTE: Please stay up-to-date and current with information placed on the course blog site and online.wvstateu.edu. Information on the course blog site will contain due dates and other dates/deadlines of importance. As of right now, tests will be paper… However, online.wvstateu.edu exams will be used if available.

QUIZZES There will be a 11 quizzes at 50 points each worth 550 points. (550 Points)
EXAMS There will be a midterm and final covering each worth 110 points for a total of 220 points. (220 Points)
Title IX & Presentation Students will be given three institutions to review. (100 Points)
CASE ANALYSIS & PRESENTATION: You will produce ten summaries/ conclusions, each worth 20 points each. The ten will come from posts on http://macdaddyncaasidhhp01.blogspot.com/. Students will sign on to the blog and put their name. Repeating a topic will result in zero points. You are to use the case analysis format in the book. The form is on the assignment tab on line. The students will present 3 in front of the class for total points. (200 total points)

QUIZZES There will be a 11 quizzes at 50 points each worth 550 points. (550 Points)
EXAMS There will be a midterm and final covering each worth 110 points for a total of 220 points. (220 Points)
Title IX & Presentation Students will be given three institutions to review. (100 Points)
CASE ANALYSIS & PRESENTATION: You will produce ten summaries/ conclusions, each worth 20 points each. The ten will come from posts on http://macdaddyncaasidhhp01.blogspot.com/. Students will sign on to the blog and put their name. Repeating a topic will result in zero points. You are to use the case analysis format in the book. The form is on the assignment tab on line. The students will present 3 in front of the class for total points. (200 total points)

COURSE OUTLINE (Subject to Change)

IMPORTANT SCHOOL DATES

January 20 MLK HOLIDAY

01/19 Intro to class / Briefs

01/26 Intro to Sports Law CH 08

02/02 Intro to Sport Law CH 01 & 02

Law for Recreation & Sports Managers CH 01 & CH 02 & CH 03

02/09 Intro to Sport Law CH 03

Law for Recreation & Sports Managers CH 04

02/16 Intro to Sports Law CH 04 & CH 05

Law for Recreation & Sports Manager CH 05

02/23 Intro to Sports Law CH 07

Law for Recreation & Sports Manager CH 06

02/25 Quizzes 1-4 due

03/02 Intro to Sports Law CH 09 & CH 10 & CH 11

Law for Recreation & Sports Manager CH 07

03/09 NJCCA RULES

03/16 NAIA RULES

03/17 MIDTERM ON INTRO TO SPORTS LAW & LAW FOR RECREATION & SPORTS MANAGERS

03/26 Quizzes 5-8 Due

03/30 Class Evaluation

03/30 CASE ANALYSIS DUE

04/06 NCAA D1

04/07 QUIZ 09

04/13 NCAA D2

04/14 QUIZ 10

04/20 NCAA D3

04/21 QUIZ 11

04/24 PRESENTATION TITLE IX/CASE ANALYSIS

05/04 PRESENTATION TITLE IX/CASE ANALYSIS

May 06 – May 10 Finals

05/09 PRESENTATION IF NEEDED 10AM

05/09 FINAL SPORTS RULES DUE 11:55 PM

LEGEND:

RED = QUIZZES DUE/ ASSIGNMENTS TURNED IN/ PRESENTATIONS

PURPLE = IMPORTANT DATES FOR WVSU

BLUE = FINAL GRADE POST DATE

BLACK = LECTURE

STUDENT OUTCOMES CHAPTER 1 Students will

· be able to list the primary sources of Law in the US legal system

· understand the function and process of the federal and state court systems

· be able to list and differentiate the key types of law in the United State

· be able to list the common legal resources.

CHAPTER 2 Student will be able to list

• The elements of negligence liability and how it applies to sport

• The defenses to the tort of negligence and the application to sport management

• Intentional torts and their application to sport settings

• Product liability and its application to sport management

CHAPTER 3 Student will be able to discuss

• The foundation of risk management and key elements of the decision- making process

• The essential components of an emergency action plan and a crisis management plan

• The key elements of a lightning safety plan

• Management issues for sport facilities and those with disabilities

CHAPTER 4 Students will understand

• How agency relationship work and the authority that agents have

• The function of a sport agent

• The duties of agents and principals within the agency relationship

• The many ways in which athlete agents are regulated

CHAPTER 5 Students will be able to list

• The elements of a valid contract

• Common provisions within sport contracts

• The many types of contracts that are found in the sport industry

• The issues that arise when a sport contract is breached

CHAPTER 6 Students will be able to discuss

• Key legal issues in employment for sport managers

• Relevance of the doctrine of employment at will

• Primary issues in employment discrimination

• Key legal issues relevant to sexual harassment

• The main elements of federal employment legislation

CHAPTER 7 Students will be able to describe

• How the United States Constitution applies to private and public sport entities

• The free speech and freedom of religion protections provided for by the

First Amendment

• How the First Amendment regulates religious prayers and activities in sport settings

• What substantive and procedural due process are and how their requirements apply to sport organizations

• How the Equal Protection Clause of the Constitution affects sport- related affirmative action plans

CHAPTER 8 Students will be able to list and compare

• The various federal gender equity laws and how they apply to sport

• The history of Title IX, how it has been interpreted, and how it is applied today

• The definition of sexual harassment and how it is regulated in sport

• The various types of employment discrimination laws

CHAPTER 9 Students will understand trade mark law as it applies

• The areas of intellectual property law that apply to sport

• The types of trademarks that are used in the sport industry

• Ways that a sport organization can protect itself when its trademarks, copyrights, or patents are used by others who are not authorized to do so

• The value that athletes have in their personal right of publicity

CHAPTER 10 – Students will be able to list

• The federal antitrust laws and how they apply to sport

• The types of player restraints that have been reviewed under the antitrust laws

• The types of exemptions from the antitrust laws that apply to professional sport

• The history of team movement and the ways that antitrust laws affect the movement of teams within professional sports

• The specific ways that antitrust laws have been used to regulate college athletics

COLLEGE SPORTS RULES – Students will be able to

• distinguish between the different levels of college sports rules

• will know key terms for NAIA, NCAA, and Junior College

• Will be able to use a College rule book to find applicable rules

•

TITLE IX – Students will be able to

• Use the prong test to determine Title IX compliance

• uses the EADA website to pull information about various institutions

• apply key terms applicable Title IX

HHP 420, HHP 428

Wednesday, January 31, 2018

Title IX investigation of Mizzou’s Terrence Phillips continues | The Kansas City Star

Lawsuit: UA showed 'deliberate indifference' as Wildcats player beat girlfriends | Arizona Wildcats football | tucson.com

Getting Through | training-conditioning.com

Flint high school football coach calls for administrators to resign | MLive.com

Tuesday, January 30, 2018

Scott Frost takes responsibility as two Nebraska players hospitalized after workout

Monday, January 29, 2018

High School coach methods questioned

Saturday, January 27, 2018

Todd Berry lays out the AFCA's legislative goals for 2018 - FootballScoop

Did Growth Of Women's College Sports Cost Men? Data Says No

Friday, January 26, 2018

Report details more accusations against Michigan State in wake of Larry Nassar case

HHP 428 CHAPTER 02

Tuesday, January 23, 2018

PREP SCHOOL ISSUES - Lawsuit

Monday, January 22, 2018

TITLE IX LAWSUIT - D1 SCHOOL - SIU

HS COACH BURNED OUT - too much stress

Friday, January 19, 2018

How to Stop Sexual Abuse in Sports - Athletic Business

ATHLETIC DIRECTOR - Supervision Idea

RACIAL SLUR AT SPORTING EVENT

Athletic Training - Exercise Science

HHP 428 CHAPTER 01

Thursday, January 18, 2018

Detroit News: What MSU knew: 14 were warned of Nassar abuse

Spring 2018 HHP 420 SPORTS LAW SYLLABUS

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