HHP 420, HHP 428: January 2019

From the Law for Recreational and Sports Manager

chapter 2

Negligence - unintentional tort that causes injury to a person in form if physical injury, property loss, or reputation

There is no intent in negligence

There is either an act of omission or act of commission

From Blacks Law Dictionary - a secondary legal source

Negligence is the failure to use such case as a reasonably prudent and careful person would use under similar circumstances

Conduct that falls below the standard established by law - there are 6 NATA certified staff members between HHP and Athletic Training office - ask them about to give you an example of negligence in Athletic training a standard of care in athletic training

4 elements of negligence
Duty
Breach of Duty
Damage/injury
Proximate Cause

Duty = Obligations

sources of duty

inherent relationship
Voluntary Assumption
Statues

What was the foreseeability of the situation

Breach of duty

inherent risks = removing the risk changes the sport

tackle football - flag football

Tackle football acl injury / concussions

ordinary negligence

risk from extreme behavior

gross negligence

what is a standard of care

proximate cause

cause in fact

failure to supervise

damage

economic loss
pain and suffering
emotional distress

Sanders vs Kuna Joint School District

z

Wednesday, January 23, 2019

Spring 2019 HHP 428 TECHNOLOGY 10 POINTS - Due February 15, 2019

What are you going to do for 10 easy points?

Join Linked in and find McAndrews and other professionals in your career area - https://www.linkedin.com/feed/

Do a youtube video on Fleming Hall/ Walker Convocation - https://www.youtube.com/watch?v=IM7DR0F7G5w

Start a Blog - https://ncaad2rules.blogspot.com/

What are you going?

INFORMATION ON FRAUD - Guide to Combating Corruption & Fraud in Development Projects

https://guide.iacrc.org/the-basics-of-evidence-for-fraud-and-corruption-investigators/

Thinks to know to protect yourself

Tuesday, January 22, 2019

Yale changed administrative rules for student athletes

https://collegead.com/yale-university-39/

https://yaledailynews.com/blog/2019/01/22/yale-changes-deans-excuse-policy-for-athletes/

Institutional policy
Administrative rules
Student athlete welfare
NCAA regulations

Spring 2019 Sport Law Chapter 01 Notes both books

From Intro to Sports Law

English Common Law is the basis for many countries legal system

Stare Decisis = practice of following case precedent

The United States has a constitution and every state has their own constitution. Louisianna has re-written their's 11 times

Bill of Rights is the first 10 amendments to the constitution. These were specifically written to limit the power of the federal government and guarantee many civil rights and protections

State and Federal legislatures enact statues = Statutory Law

The Doctrine of Supremacy that federal law will prevail over state law - what is 1 example currently where this is not being followed?

Administrative Laws are created by State and Federal agency's - regulations to care out the responsibilities of government

examples - IRS; NLRB; OSHA;

Criminal Law/Criminal Courts - the body of law that identifies that behavior id criminal and stipulates the violations; Criminal Law can use the 5th amendment; Jury must be `12-0 " beyond a reasonable doubt"

Civil Law/ Civil Courts - category of law in which monetary damages are often claimed as a result of an act or failure to act by another that results in harm to persons or property

Anatomy of a Lawsuit

Complaint
Summons
Answer
Pleading
Discovery
interrogatories
deposition
summary judgement

US SUPREME COURT

Federal Appeallate courts map - 11 districts or this map Federal Appellate Court

Trial Courts

Appellate Courts (Appeals Courts)

Diversity of Jurisdiction - Power of Federal to hear a case between people of different states

Legal Resources

Primary
Secondary

From Law for Recreation and Sports Managers

3 primary areas of law - common, statutory, and constitutional

Common Law = refers to cases that have been resolved by various courts. Example Turner v. Mandalay Sports Entertainment
Constitutional Law = Examples Pregame Prayer,
Examples of Pregame Prayer Lawsuits
Statutory Law = Administrative Law

Writ of Certiorari - When 4 of the 9 Supreme Court Justices want to hear a case from the lower court.

What happened in the case of Savino vs Robertson, 1995 - this is an example of a brief.

What happened in case of Oklahoma vs NCAA

https://caselaw.findlaw.com/us-supreme-court/468/85.html

What happened in Smith vs NCAA

https://caselaw.findlaw.com/us-3rd-circuit/1040702.html

What happened in Tarkanian vs NCAA

https://caselaw.findlaw.com/us-supreme-court/488/179.html

A brief has been adjudicated = processed by the legal system

U of Arizona basketball pleads guilty to fraud in recruiting

https://www.seattletimes.com/sports/college/ex-arizona-assistant-coach-pleads-guilty-to-bribery-charge/?utm_source=RSS&utm_medium=Referral&utm_campaign=RSS_all

Or

https://tucson.com/sports/arizonawildcats/basketball/ex-arizona-wildcats-assistant-coach-book-richardson-pleads-guilty-to/article_ed5f85ea-1e66-11e9-bfb8-639c51a3b818.html

NCAA rules now have weight of law in that circuit court
Student athlete fraud
Civil law suit
Criminal lawsuit
Tax evasion

Monday, January 21, 2019

U of Arizona violence against women

https://tucson.com/sports/arizonawildcats/police-reports-detail-complaints-of-violence-against-women-by-ua/article_bbcda67a-1c53-11e9-8d9e-875e7229a81d.html?utm_source=listrak&utm_medium=email&utm_term=https%3a%2f%2ftucson.com%2fsports%2farizonawildcats%2fpolice-reports-detail-complaints-of-violence-against-women-by-ua%2farticle_bbcda67a-1c53-11e9-8d9e-875e7229a81d.html&utm_campaign=bang-mult-nl-pac-12-hotline-nl

Title ix
Campus safety
Civil lawsuits
Criminal lawsuits

U of Wyoming - booster w/legal issues forces $$$ return

https://www.athleticbusiness.com/fundraising/wyoming-to-replace-rejected-2m-from-convicted-donor.html?eid=111326396&bid=2349926

Or
https://www.laramieboomerang.com/news/local_news/uw-eyes-reserves-to-fill-returned-donation/article_162d25a2-3494-5f07-8fe2-a3bde43ce8f3.html

Fundraising
Boosters
Administrative law
Civil/criminal laws
Social media
Budgets
Facilities

Florida State social media

https://www.sbnation.com/college-football/2019/1/21/18191790/fsu-martin-luther-king-graphic

NCAA rules
Administrative laws
Copywrite laws
Social media

Oregon HS - student transfer eligibility - ineligibility

http://athleticmanagement.com/content/eligibility-leads-resignation

Or

https://www.wallowa.com/news/local/enterprise-athletic-director-resigns-accuses-administrators-of-unprofessionalism/article_d48a0266-15fb-11e9-ba40-1bf7a865c441.html

Administrative laws
Civil suit
Academics vs athletics
Transfers
European model for hs sports - club

State of Indiana May drug test prep athletea

https://www.athleticbusiness.com/law-policy/indiana-senator-proposes-prep-drug-testing.html?eid=111326396&bid=2348951

Or

Kansas HS problems - public/private school leagues

http://athleticmanagement.com/content/survey-shows-rift

Or

https://www.kansas.com/sports/varsity-kansas/varsity-football/article224632695.html

Administrative law
Student athlete welfare
Changing system of play offs

Friday, January 18, 2019

Concussion Study on Neck Strength to Prevent Soccer and Football Injuries

http://training-conditioning.com/content/research-promotes-neck-strength

or

https://shp.rutgers.edu/

Student Athlete Safety
Exercise Science
Off Season Conditioning

VA HS ASSOCIATION MAY REMOVE OUT OF SEASON PRACTICE

http://athleticmanagement.com/content/vhsl-may-reverse-course

or

https://www.starexponent.com/sports/high_school/vhsl-will-vote-on-a-proposal-to-eliminate-out-of/article_54a65c57-f7dc-5f54-a718-e05ab6dc657c.html

Administrative Rules
Student Athlete Welfare
Coach Welfare
Supervision

Does this increase transfers?

Thursday, January 17, 2019

NCAA show cause vs usc fb coach

https://www.latimes.com/sports/usc/la-sp-usc-mcnair-trial-20190116-story.html

Or

Administrative laws
Civil lawsuit

SC HS player dies from complications from an surgury

https://www.cbssports.com/college-football/news/south-carolina-high-school-football-player-dies-from-complications-during-acl-surgery/

Civil lawsuit
Student athlete welfare
Administrative laws
Medical malpractice

Wednesday, January 16, 2019

Student Athlete Commits Suicide - How can you prevent?

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4547116/
or

https://www.indystar.com/story/sports/2018/09/25/wabash-college-football-suicides/1404765002/

or

https://www.sprc.org/resources-programs/managing-student-athletes%E2%80%99-mental-health-issues

or

https://www.foxsports.com/other/story/madison-holleran-ncaa-student-athletes-mental-health-issues-032515

Supervision
Programming
Civil Lawsuit
Student Athlete Welfare
Preventable

5 AM WORKOUT DAY AFTER COMPETITION - U OF NEW MEXICO

http://athleticmanagement.com/content/early-morning-practice-ok

or

https://www.abqjournal.com/1266951/weir-disappointed-some-question-practice-times.html

Administrative Law
NCAA Rules
Student Athlete Welfare

STRIKING TEACHER AFFECTING HS SPORTING EVENTS - Los Angeles, California

https://www.google.com/url?q=http://amtcnewsletters.com/lt.php?id%3DLBlVUA8JVVFXAUQCAQBKAgRWCgk&source=gmail&ust=1547735150452000&usg=AFQjCNEUKmJDs3TE1wZL2O3w58SHQ6XtFw

or

https://www.latimes.com/sports/highschool/la-sp-lausd-strike-sports-20190114-story.html

Administrative Law
Civil Lawsuit
Supervision
Student Athlete Welfare

Fired College Baseball Coach Suing Former Institution - College of Charleston

https://www.athleticbusiness.com/college/legal-fight-between-fired-coach-college-heats-up.html

or

https://www.postandcourier.com/sports/legal-hardball-battle-between-college-of-charleston-fired-baseball-coach/article_58172708-1566-11e9-94b1-4b00ff8bf8aa.html

Administrative Law
Civil Lawsuit

Transgender Sports Law in South Dakota

https://www.athleticbusiness.com/governing-bodies/another-bill-targets-south-dakota-s-transgender-policy.html?eid=111326396&bid=2346771
or

https://www.argusleader.com/story/news/2019/01/14/bill-gut-high-school-transgender-athletics-policy/2570931002/

Administrative Law
Civil Lawsuit
Student Athlete Welfare

Legalizing College Betting In NY - will it prevent or encourage point shaving?

http://www.espn.com/chalk/story/_/id/25770943/gov-andrew-cuomo-wants-legalize-sports-betting-new-york

Regulations
Administrative Laws
How do you prevent student athletes betting on their own games?

Some more reading
http://www.ncaa.org/sport-science-institute/mind-body-and-sport-gambling-among-student-athletes

or

https://www.usatoday.com/story/sports/college/2018/05/31/sports-betting-college-athletics-world-concerned-supreme-court-ruling/645367002/

or

https://www.bostonglobe.com/opinion/editorials/2018/05/29/sports-betting-college-athletes-are-vulnerable/HKN1FR52Ef7dBt7pKzyRbM/story.html

or

https://nyulocal.com/the-history-of-nyu-basketball-you-didnt-know-c981f1cf0e4

or

https://azdailysun.com/five-men-sentenced-in-arizona-state-basketball-point-shaving-scandal/article_0e78f43f-529e-554c-bbb7-3cddef1009b8.html

or

https://www.si.com/vault/1998/11/09/251718/confessions-of-a-point-shaver-former-arizona-state-star-hedake-smith-reveals-how-he-and-his-accomplices-fixed-basketball-games

ALCOHOL SALES INCREASING REVENUE AT PURDUE

https://www.jconline.com/story/sports/college/purdue/football/2019/01/15/ross-ade-stadium-alcohol-sales-exceed-1-million-during-2018-season/2574958002/

Another article

https://www.desmoinesregister.com/story/sports/college/2018/04/19/map-college-football-stadium-ncaa-where-you-can-drink-beer/528530002/

Case Analysis
Supervision
Administration
Fan Safety
How do you prevent Civil Lawsuits?
Do you ever see it being sold at the HS level?

Alabama HS wbb reinstated

https://www.athleticbusiness.com/high-school/judge-s-ruling-allows-suspended-player-back-on-court.html?eid=111326396&bid=2344493

Or

https://www.al.com/sports/2019/01/judges-rules-in-maori-davenports-favor-and-she-can-play-tonight.html

Administrative laws
State Actor legislation
Civil lawsuit
Amatuerism

Tuesday, January 15, 2019

Lawsuits over workout U of Oregon

https://www.athleticbusiness.com/athlete-safety/second-lawsuit-filed-in-oregon-rhabdo-case.html?eid=111326396&bid=2344493

Or

https://www.dailyemerald.com/news/uo-football-player-sam-poutasi-suing-uo-taggart-day-after/article_10310ee8-15f4-11e9-89a5-7792960263fe.html

Student athlete welfare/safety
Supervision
Civil lawsuits

Monday, January 14, 2019

Juco adding a Sport in California

http://athleticmanagement.com/content/sbcc-adds-beach

Title IX
Administrative Laws

HS Coach Resigns GA

http://athleticmanagement.com/content/coach-resigns-1

and

https://www.ajc.com/blog/high-school-sports/grayson-football-coach-hunnicutt-resigns/m327w0H8QZmsQwvRwU4LvI/

CASE ANALYSIS
Administrative Law
Fan Behavior
Possible Lawsuits

WV HS Teacher fired over social media

http://wchstv.com/news/local/west-virginia-teacher-sues-over-firing-for-disparaging-posts

Administrative lawsuit
Civil lawsuit
1st amendment

Sunday, January 13, 2019

SPRING 2019 HHP 420 SPORTS LAW - MONDAY-WEDNESDAY-FRIDAY CLASS

HHP 420 – Sport Law
Syllabus
Sean McAndrews, M.A.
Mcandrse@wvstateu.edu

Course Information
Instructor Information
Professor: Sean McAndrews, M.A.
Email: Mcandrse@wvstateu.edu
Online: Email
Office Hours:
N123 FLEMING HALL
Monday - Friday 9:00 AM until Noon PM -
Saturday - Sunday during home team Sporting Events.

Course Description

(3 Credit Hours) 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.
Prerequisite(s): ENGL 102 and junior standing.

Program Learning Outcomes (PLOs)
1. Demonstrate coaches as a role model to athletes of all ages and diversities through study and practice of Sport Philosophy, law, ethics, teaching and proper writing and accurate oral communication skills.

2. Demonstrate knowledge of human growth and development from birth - death, kinesthetic learning theories and tactics and current coaching and training trends by planning physiologically and biomechanically correct practice and conditioning sessions that allow for proper progression of skill and that are safe and minimize the risk of injury.

3. Demonstrate knowledge and skill for understanding diverse athletic population and accommodating different learning styles and physical skill by planning, coaching and evaluating athletic performance and progression that include modifications that address these issues.

4. Exhibit knowledge of and abilities to create responsible and effective communities of sport learning and understanding by developing leadership and management frameworks that include criteria with specific attention to respect for other athletes, respect for the sport game, appreciation of diverse cultures, rules, abilities and talents, and awareness of the need for communication.

5. Demonstrate knowledge of and the psychomotor skill needed to perform proper fitness testing and assessment data analysis to afford the fitness community the optimal results based on their desired fitness goals.

6. Demonstrate the appropriate use of technology required in the discipline of exercise science and athletic coaching.

7. Exhibit knowledge of what it means to be a member of the coaching/Athletic profession by demonstrating ethical practice within the profession, demonstrating proper oral and written communication skills, engaging in research within the profession, following professional performance regulations and participating in continual education to uphold the commitment to life-long learning.

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).

• 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)

• 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)

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

• 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)
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
Textbook

• Intro to Sport Law, ___________ EDITION, Spengler et. al., Human Kinetics, 2009.

• Law for Recreation and Sport Managers, ____________ EDITION., Cotton, Kendell Hunt Publishing, 2013.

Grade Distribution and Assignment Descriptions

Graded Assignments and Point Values

Assignment Point Values

Quizzes (11 x 50 points each) 550
Exams (2 x 110 points each) 220
Title IX 100
10 Case Analysis 200
Total Points Possible 1070

Grading Scale

Letter Grade Range of Points
A 1000–900
B 899–800
C 799–700
D 699–600
F 599–000

Assignment Descriptions

NOTE: Please stay up-to-date and current with information placed on the course blog site and myonline.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, myonline.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

Case Analysist
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)

School and Course Policies
School Closings
Due to inclement weather or other such emergencies, there may be circumstances when the University campus and in-seat classes are delayed or cancelled. In such instances, online courses shall continue as normal unless otherwise indicated.

Netiquette Policy
“Netiquette” or “network etiquette” is a set of guidelines and standards that encourage appropriate behavior while on the Internet. This includes all points of internet access such as emails, discussions, wikis, virtual meetings, text messages, social media, etc. As a student in an online course here at West Virginia State University, you are expected to comply with the following code of conduct or “netiquette” while engaging in the course.
Please review the syllabus to understand how faculty prefer to be contacted for class related questions (e.g., WVSU Online email, campus email, discussion boards, etc.).

1. When corresponding with faculty and staff outside of the WVSU Online email system, use your WVSU campus email account (e.g., imastudent@wvstateu.edu).

2. Maintain a level of professionalism in your correspondence. Your course work is part of your own career preparation, so interact with your instructor and peers as you would in a business setting. This means checking grammar, style, and spelling in all course communications.

3. Respect all participants and constituents in your online classroom including your teachers, fellow participants, and technical staff supporting online courses. This includes

• honoring their right to their opinions;

• respecting the right of each person to disagree with others;

• responding honestly but thoughtfully and respectfully using
language which others will not consider foul or abusive;

• always signing your name to any contribution you choose to make;

• respecting your own privacy and the privacy of others by not revealing information which you deem private and which you feel might embarrass you or others;

• being constructive in your responses to others in the class; and

• being prepared to clarify statements which might be misunderstood or misinterpreted by others.

4. Maintain an adequate level of activity in your online course by signing in and reviewing course content at least 3 days a week.

5. Review assignments descriptions and available rubrics and guidelines BEFORE participating in these activities. This includes discussions, written assignments, exams, wiki assignments, etc.

6. If you are experiencing difficulties in the course, contact your instructor in a timely fashion (i.e., early enough for the issues to be rectified).

7. If you feel that another member of the class is violating netiquette guidelines, contact your professor for additional guidance.

What to Expect from an Online Course
A self-disciplined student will find online college courses to be rigorous, challenging, and engaging. A typical online college course will require as much or more work as a traditional college course. Most online courses require substantial reading and writing skills to master the subject. You should expect to spend 10-15 hours per week working in the course in order to complete the learning activities and assignments, take quizzes or exams, and participate in the classroom discussions.

Being a successful online student requires knowing where to go for the information you need and activities you are to complete.
Become familiar with the Moodle environment and the technology necessary to be successful in an online classroom. You will want to learn how to access course materials, communicate with classmates and your instructor, submit homework, take tests, and check your grades.

Students enrolled in online courses need good time management and communication skills to be successful. Below are guidelines to help you be a successful online student:

• Pace yourself. You will need to pace yourself and stay on top of the course schedule at all times. You also will need to set aside blocks of time to do your coursework when you will not have distractions. Be diligent and protective of your study time.

• Do not fall behind. If you must be away from the course for a legitimate reason such as illness, contact your instructor immediately and arrange for when you will be able to get caught up with your coursework.

• Follow up with your instructor(s) if you think something is wrong within the course. It may be that you missed something and need clarification, or that the instructor has not had a chance to respond to something in a timely manner.

• Engage yourself. You will need to communicate regularly with your instructor(s). You also will engage with your classmates in discussion forums or other types of learning activities. The more you communicate within the course, the more comfortable you will become with your instructor and classmates.

• Log into the course often and check for new announcements, assignments, and messages.

• Review the course schedule and keep track of due dates for projects, assignments, exams, etc.

• Ask questions when you don’t understand something, and don’t wait until the day before an assignment is due or you may not be able to get the help you need.

• Save all your work in the appropriate file format, such as MS Word or Excel, PDF, or other file format that the instructor can download and open. Save all of your work in a save and recoverable storage location, such as an external hard drive.

• Contact the helpdesk if you have a technical problem accessing the course.

o For technical assistance with WVSU Online, please submit a help desk request at the Center for Online Learning (COL) help desk website.

o You may also contact the WVSU COL Monday through Friday
between 8:30 a.m. and 5:00 p.m. After hours and on weekends, you may call Learning House technical support directly at 1-800-985-9781 or by contacting support@learninghouse.com.

Class Participation, Attendance, Deadlines, and Makeup
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.

Technical Requirements
This is an online course, which means you are expected to be familiar with the university’s learning management system (LMS), WVSU Online. If you are unfamiliar or uncomfortable with the WVSU Online, please contact the Center for Online Learning at 304-766-3300 to schedule training. Additionally, it means that you are expected and/or required to meet the minimum technical requirements for the course. You can access the WVSU Online log on from the WVSU Homepage or directly at https://myonline.wvstateu.edu.

Login ID
Your username and password for WVSU Online is the same as your WVSU email log in information (i.e., everything before the @ sign in your email is your username). Example: If your email is janedoe2@wvstateu.edu, your username is janedoe2.
Password

Your password is the same as the password for your WVSU email and myState.

If you cannot log in, try resetting your password at the WVSU Change Password page.

Be sure to login to your WVSU Online course during the first day of class and resolve any technical issues immediately during the first day of class. There may be reading assignments, online assignments, quizzes, or discussion forums that will begin during the first couple of days of the semester. Unresolved technical issues after the first few days of class are not valid excuses for not completing assignments. All assignments and course interactions will utilize Internet technologies.

Computer Requirements

This course requires that you have access to a computer that can access the Internet. It is important that you have access to a reliable high-speed Internet connection to be able to perform the required online activities of this course. It is also important that you have a backup plan for securing an Internet connection if your personal connection fails. Loss of Internet services is not an excuse for late assignment submission or for missing an exam. In addition, you need to make sure your computer is up-to-date with Java, Flash, Shockwave, Adobe Reader, and a current Web browser. These are free updates and should be done prior to the first week of class.

• You will need to have access to, and be able to use, the following software packages:

• A web browser (Internet Explorer, Mozilla Firefox, Google Chrome, Safari)

• Adobe Acrobat Reader (free)

• Adobe Flash Player (free)

• Microsoft Word

• Microsoft PowerPoint

If you do not own a copy of Microsoft Office and plan to use Open Office or another other word processing program instead, please be sure to save and upload all assignments in Microsoft WORD format or Rich Text Format (.rtf).

You are responsible for having a reliable computer and Internet connection throughout the course.

Technical Assistance
Location of your course: https://myonline.wvstateu.edu

For technical assistance with WVSU Online, please submit a help request to the COL Help Desk.

You may also contact the WVSU Center for Online Learning Monday through Friday between 8:30 a.m. and 5:00 pm. After hours and on weekends, you may call The Learning House technical support directly at 1-800-985-9781 or by contacting support@learninghouse.com.
Counseling and Accessibility Services (CAS)

The Counseling and Accessibility Services office provides students with mental health counseling, and accessibility services for students with a disability. All students, including online students, are eligible for in person free counseling services. Counselors are available by appointment by calling (304) 766-3262, by email at toledoke@wvstateu.edu, or in person in 125 Sullivan Hall, East. CAS is open Monday-Friday from 8:30 am-5:00 pm.
Students with Disabilities – Access/Accommodations

The University strives to make all learning experiences as accessible as possible. If you anticipate or experience academic barriers based on a temporary health condition or permanent disability (conditions include but not limited to; mental health, attention-related, learning, vision, hearing, physical or health impacts), please let me know immediately so that we can privately discuss options.

NEED ACCOMMODATIONS?
To establish reasonable accommodations, you are required to register with Student Accessibility Resources (SAR) and completed an intake process. Reasonable accommodations are established through an interactive process between you, your faculty and the accessibility specialist. It is important to start this process in a timely manner in order to receive accommodations as soon as practically possible. You are welcome to contact the accessibility specialist to inquire about or initiate the process through any of the following:

• phone – 304-766-3083

• text – 681-533-0850

• email – sar@wvstateu.edu

• in person – 123 Sullivan Hall East

• or view information online – http://bit.ly/WVSU-SAR.
After registering with SAR and if approved for accommodations, make arrangements with me as soon as possible to discuss your accommodations so that they may be implemented in a timely fashion.

ALREADY APPROVED FOR ACCOMMODATIONS?
If you have registered with Student Accessibility Resources (SAR) for the current semester, please communicate your approved accommodations to me in a timely fashion. We can arrange a private meeting to discuss your Accommodations Implementation Plan and how we will be implementing your accommodations in this course.
Retention and Student Success

The Retention and Student Success office provides all students, including online students, with free academic support through walk-in tutoring centers, one-on-one tutoring, supplemental instruction for historically difficult courses, academic coaching, and our online live tutoring services through Smarthinking.

Writing Center
The Writing Center is located on the second floor of the Drain-Jordan Library. Tutors are available to help you with your writing assignments for any of your courses.

Walk-in Hours: Mon – Thurs from 10 a.m. until 6:00 p.m.
Math & Science Tutoring Center

The Math & Science Tutoring Center is located in 117 Wallace Hall. Tutors are available to help in math, science and many math based business course.

Walk-in Hours: Mon – Thurs from 10:30 a.m. until 6:00 p.m.

For one-on-one tutoring or academic coaching, please contact Daisy Squirts, Academic Support Specialist at 304-766-3041 or dsquirts@wvstateu.edu

Smarthinking.com offers live, online tutoring in a variety of subjects to help you succeed. The service is available 24 hours a day and is also available for offline tutoring such as submitting writing assignments for review.

To use Smarthinking.com:
Log on at www.services.smarthinking.com

• Username: your complete WVSU e-mail address
• Password: wvstate

Library Support
The WVSU Drain-Jordan Library works to adhere to the Association of College and Research Libraries (ACRL) distance learning guidelines in providing library services to students and faculty participating in WVSU distance learning programs. These services are designed to assist those affiliates who receive all their courses off campus. Visit the library access for distance learning Web page for detailed information about the services and resources available to distance learning participants through the WVSU library.

Course Registration Issues
Students are responsible to make sure that they are registered for this course and classes are not dropped for any reason (e.g., nonpayment). Students receive neither credit nor a grade for this course if they are not officially registered. Students can access their records via web using MyState. Also, students are advised to properly and officially withdraw from, or drop, a class that they no longer wish to complete in order to avoid receiving the default F. Consult the university catalog for details or see someone in the office of the registration and records in:
Ferrell Hall 127
Registration and Records
(304) 766-4146
hunterdl@wvstate.edu

WVSU Policy on Plagiarism
Plagiarism is a form of cheating; it is using someone else’s words or ideas as if they were your own. If you are borrowing words or ideas from a published source, you must indicate the source in some way, usually a brief reference to the author or title. If you use the exact words of the source, you must put these words in quotation marks and also mention the source. Copying an article from an encyclopedia or a page from a book and submitting it as your own work is obviously plagiarism, but so is using a sentence or paragraph from a published source, even if you have changed it slightly or rewritten it—unless you identify the source. The special techniques for referring to published sources, called documentation, are taught in English 102, among other courses.

However, the source does not have to be published or written for the offense to be labeled plagiarism. It is also possible to plagiarize in an oral presentation as well as written work. Copying another student’s work is sometimes called plagiarism. This form of cheating is subject to the same penalties as copying from published sources.
Penalties Associated with Plagiarism

If a student is discovered to have plagiarized the material for an essay or research paper, the student is subject to penalties similar to those for any form of cheating. These penalties will be imposed at the discretion of the instructor, who will take care to produce the evidence of plagiarism and see that the penalty is in proportion to the offense.

• Any instance of plagiarism discovered in the student’s work may result in a lower grade on the assignment.

• If substantial portions of a document are plagiarized, that is, copied from one or more published sources, then a grade of F for that assignment would be appropriate.

• If substantial portions of a research paper are plagiarized, then a grade of F would be appropriate. Since the research paper is often the most important assignment in a course, a failing grade caused by plagiarism may also result in failure of the course.

Appealing a Failing Grade
If a student wishes to appeal the failing grade given on the basis of plagiarism, both the student and the instructor should present, as soon as possible, all relevant evidence to the department chairperson, who may then rule on the merits of the case, or select a committee of three department members to review the evidence.
Academic Honesty Statement

From Policy Bulletin #57, the West Virginia Board of Directors of the State College System, Policies, Rules, and Regulations Regarding Student Rights, Responsibilities, and Conduct in West Virginia State Universities and Colleges 7.05

c. Procedures related to academic dishonesty (e.g., plagiarism, cheating, falsifying records, etc.). Charges of academic dishonesty on the part of a student may be filed by any member of the academic community. Such charges shall be reviewed first at the department level by the chairperson, faculty member, and student involved. A written admission of guilt at this level may be resolved with a maximum penalty of F in the course.

If the student denies guilt, or the department chairperson feels the penalties at this step are insufficient for a specific act, the case shall be forwarded in writing to a presidentially designed academic officer with the rank of dean or equivalent. The case may be resolved at this level, or if thought warranted by the designated academic officer or requested by the student, the case shall be forwarded to be heard by an academic appeals committee.

The academic appeals committee shall present to the accused student and the person making the accusation written notification of the charges, which shall include at least:

I. A statement that a hearing will be held before an academic appeals committee, together with the notice of the date, time, and place of the hearing. A recommendation by an academic appeals committee for imposition of sanctions in a case of academic dishonesty is final.

II. A clear statement of the facts and evidence to be presented in support of the charges made.

The academic appeals committee may also recommend that the imposition of sanctions be held in abeyance where appropriate.

WVSU Sexual Harassment Policy (Title IX)
West Virginia State University is committed to combatting sexual misconduct. As a result, you should know that University faculty and staff members are required to report any instances of sexual misconduct, including harassment and sexual violence, to the University’s Title IX office so that the involved parties may be provided appropriate resources and support options. What this means is that as your professor, I am required to report any incidents of sexual misconduct that are directly reported to me, or of which I am somehow made aware.

There are two important exceptions to this requirement about which you should be aware:

1. As a student of West Virginia State University, you may also talk to on-campus counselors that are here to assist you free of charge. Counselors do not have this mandatory reporting responsibility and can maintain confidentiality. More information regarding the office of Counseling and Accessibility Services (CAS) can be found here: http://www.wvstateu.edu/Current-Students/Counseling-and-Accessibility-Services.aspx

2. An important exception to the reporting requirement exists for academic work. Disclosures about sexual misconduct that are shared as part of an academic project, classroom discussion, or course assignment, are not required to be disclosed to the University’s Title IX office.

If you are the victim of sexual misconduct, WVSU encourages you to reach out to these resources:

• Title IX Office: 304-533-5392 (24-hour number)

• Counseling and Accessibility Services (CAS): 304-766-3168

If you have a safety concern, please contact Public Safety, 304-766-3353 or dial 911.

Other reporting information is available here:

http://www.wvstateu.edu/titleix

Course Schedule (Subject to Change)

Date Readings Assignments Due
01/14 Into to class / Briefs

TBA SAMPLE FROM PAST
Intro to Sport Law CH 08
Intro to Sport Law CH 01 & 02
Law for Recreation & Sports Managers CH 01–03
Intro to Sport Law CH 03
Law for Recreation & Sports Managers CH 04
Intro to Sport Law CH 04 & 05
Law for Recreation & Sports Managers CH 05
Intro to Sport Law CH 07
Law for Recreation & Sports Managers CH 06
Quizzes 1–4 due

Intro to Sport Law CH 09–10
Law for Recreation & Sports Managers CH 07
NJCCA Rules
NAIA Rules Midterm due Saturday
Class Evaluation
Quizzes 5–8 due

Case Analysis due
NCAA D1 Quiz 9 due
NCAA D2 Quiz 10 due
NCAA D3 Quiz 11 due
Presentation Title IX / Case Analysis
Presentation Title IX / Case Analysis

05/06 FINAL SPORTS RULES DUE 11:55 PM

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
• List and differentiate the key types of law in the United State
• 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 6
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 to:
• 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
• Know key terms for NAIA, NCAA, and Junior College
• 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
• Use the EADA website to pull information about various institutions
• Apply key terms applicable Title IX