Instructor: Sean McAndrews, MA

ncaacompliance@wvstateu.edu or smcandrews1935@suddenlink.net

Class Time: 100% on Line

SUMMER 2017 – https://myonline.wvstateu.edu

WVSU SEXUAL HARASSMENT POLICY

http://www.wvstateu.edu/wvsu/media/About/p14.pdf

WVSU STUDENT RIGHTS POLICY

http://www.wvstateu.edu/wvsu/media/About/p23.pdf

WVSU TITLE IX POLICY

“WVSU’s Sexual Harassment policy designates faculty as “mandatory reporters” of any disclosure of sexual harassment/abuse, stalking, and/or domestic violence related experiences or incidents shared with the faculty member in person, via email, and/or in classroom papers or homework exercises. These disclosures by the student to the faculty member requires that the faculty member inform appropriate WVSU channels to help ensure that the student’s safety and welfare is being addressed, even if the student requests that the disclosure not be shared. Additional information can be found in the WVSU Sexual Harassment policy (http://www.wvstateu.edu/Current-Students/Title-IX-Compliance.aspx).”

Class Organization:

Class is based on total points, so as you increase your points, your grade will hopefully go from “F” to “A”. You will have an “F” in midterm until your total points increase. I keep the mystate up to date, so, if you see an “F”, you have an “F”
This is a 4 week class. Everything must be posted by Friday July 14, 2017 at 6PM.
You have multiple times to take every quiz/exam. 3 quizzes take the average grade of your attempts. The rest I take the highest grade.
You must log in once weekly – there is a daily weekly assignment of the day. See the date it is due. You can work ahead and finish early.
There are 470 total points on a 420 point scale, meaning an 80% in all assignments will equal an A. There is no bonus work
All lessons materials are located under the lessons tab.
I post power points, PDF Manuals, and word documents. I can email the materials to you.

Office Hours:

I am on campus Tuesday-Thursday 8-10AM until 4-6PM during the summer. I plan on checking every Friday and every Monday to grade assignments and quizzes.

Faculty Blog:

I post items on my blog including the syllabus on my blog http://macdaddyncaasidhhp01.blogspot.com/ I post NCAA Rules on http://ncaad2rules.blogspot.com/

Text Required:

Introduction to Sport Law, Spengler, Anderson, Connaughton, and Baker
The NCAA and NAIA Materials are PDF located under the lessons tab.

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 or have greater than 60 credit hours.

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, coach and sports administrator. (NASPE Standard for Sports Coaches Standard 1,2,3,4 and 36)

Late Materials:

Materials are due per the syllabus date. Materials turned in late will result in ZERO points.

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:

Domain I: Philosophy and Ethics

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 responsibility and risk management procedures associated with coaching.

ASSESSMENTS ASSOCIATED WITH THIS COURSE

CHAPTER Quizzes There is quiz after every Chapter of the Introduction to Law. 15 – 30 point quizzes. You will have multiple times to take each quiz, if you work ahead. (450 Points)

COURSE OUTLINE (Subject to Change)

IMPORTANT SCHOOL DATES

DATE: CHAPTER/ASSIGNMENT/QUIZ-TEST DUE

06/19 First Day of Class

06/25 DAILY WEEKLY QUESTION OF THE WEEK due 11pm

06/27 All 4 Quizzes for 1^st week must be completed 11 PM

06/30 DAILY WEEKLY QUESTION OF THE WEEK due 11pm

07/02 All 3 Quizzes for 2^nd week must be completed 11 PM

07/07 DAILY WEEKLY QUESTION OF THE WEEK due 11pm

07/09 Earliest you can finish the class

07/09 All 3 Quizzes for 3^rd week must be completed 11 PM

07/14 DAILY WEEKLY QUESTION OF THE WEEK due 11pm*

07/14 All 5 Quizzes for 4^th week must be completed 11 PM

LEGEND :

RED ARE DAYS WHEN SAKAI QUIZES, EXAMS, OR ASSIGNMENTS DUE (###)

PURPLE ARE IMPORTANT SCHOOL DAYS

GRADING SCALE

4 daily weekly questions 20

15 – 30 Point Chapter Quizzes = 450

TOTAL POINTS 470

GRADE BASED OFF 420 TOTAL POINTS

A = 90 – 100%. This grade shows evidence of OUTSTANDING performance and/or understanding of the complete outcome being assessed. (378 or more points)

B = 80 – 89%. This grade shows evidence of ABOVE AVERAGE performance and/or understanding of the complete outcome being assessed. (336 to 377 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) (294 to 335 points)

D = 60 – 69%. This grade shows evidence of BELOW AVERAGE performance and/or understanding of the complete outcome being assessed. (252 to 293 points)

F = 0 – 59%. This grade shows evidence of UNACCEPTABLE performance and/or understanding of the complete outcome being assessed. (251 or less points)

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

SPORTS RULES – Students will be able to list

• The student will know the difference between NCAA, NAIA, and NJCAA rules

• The student will know key terms dealing with Athletic Eligibility

From the 1985 Book

Coaches Guide to Sports Law by Gary Nygaad and Thomas H. Boone part of Athletic Coaching Education Program

This book is on file at the library

Interesting look at Sports Law in the 80's and how it has changed

There is a quiz on this book. You need to be able to organize a practice plan and a travel plan for your team.

Some of the information is still pertinent, some has changed drastically

Chapter 1 Negligence and Coach's legal duties

BUZZ WORDS
Danger of Using Improper Techniques
Frequency of Warning
Negligence
Presence of Duty
Breaching of Duty
Assumption of Risk
Contributory Negligence
Adequate Supervision
Sound Planning
Inherent Risks

Chapter 2 Supervision

General vs Specific

Qualified Supervisors (7)

Chapter 3 Planning

Planning Ahead

Improper Planning

Improper execution of an approved plan

Written plans
Performance Objectives
Reversing the planning Order
Progression

Chapter 4 Warning of Risks of Activities

Inherent Risks
Examples of Warnings
Waivers and releases of liability
Legal Validity of a Waiver
Voiding and Exculpatory Cause
Informed Consent

Chapter 5 Providing a Safe Environment

Actual and Constructive Notice
Facility Issues
Defective Equipment
Product Liability

Chapter 6 Evaluating Players for Injury and Incapacity

Chapter 7 Matching and Equating Participants

Matching Factors
Skill
Experience
Injury or Incapacitating Conditions
Maturity
Height - Weight
Age
Mental State
Sex

Chapter 8 First Aid and Emergency Medical Procedures

Providing Medical Assistance
Exceeding your Medical Authority
4 Basic Duties
Good Samaritan Laws
Follow up procedures and reports

Chapter 9 Player, Official, and Spectator Rights

Autocracy vs Democracy
Free Expression
Religious Rights
Rights of Due Process
Violating Safety Rules
Game Officials
Spectators and Bystanders
Common Knowledge rules

Chapter 10 Record Keeping, Transportation, and Insurance

Records and Record Keeping
Transportation
Insurance
Health and Accident Insurance

SAMPLE PRACTICE PLAN
MIDDLE SCHOOL BASKETBALL
12 STUDENTS
COACHES DUTIES BEFORE-DURING-AFTER PRACTICE

SAMPLE AWAY TRIP
HIGH SCHOOL VOLLEYBALL TEAM
15 STUDENTS
COACHES DUTIES
PERMISSION FORMS
EQUIPMENT
MEALS
HOTEL RESERVATIONS

HHP 420, HHP 428

Wednesday, December 27, 2017

Concussions - possible solution

Abusive HS Coach - Chicago

HS AND COLLEGE COLLABRATION ON FACILTY - TN

NRA LAWSUIT OVER NO GUNS IN PARKS - REC CENTER

Widening Gap in D1 Athletics

SEC - South Carolina Football NCAA Violation

US OLYMPIC - Sex Abuse Case

HS FB PLAYERS DEATH - Family sues boosters

CRITERIA FOR BOWL GAMES - POST SEASON - D1

College VB Coach Files Complaint After Firing

Friday, June 16, 2017

201617 WVSU HHP 420 SPORTS LAW SUMMER SYLLABUS

HOW DO YOU ACHIEVE THESE OUTCOMES

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

ASSESSMENTS ASSOCIATED WITH THIS COURSE

COURSE OUTLINE (Subject to Change)

GRADING SCALE

Tuesday, December 27, 2016

SPRING 2017 HHP 420 SPORTS LAW - Coaches Guide 1985