Review of Legal Duties for Athletic Directors in Action

As another school year has started, it is important for athletic directors to remember that in addition to other duties – scheduling, equipment purchasing, contest management, etc. – it is time to review the most important issues of safety and security for athletic and activity participants, coaches and spectators.

In the spirit of timely review, following are the 14 legal duties that guide athletic directors as they provide leadership related to safety and security.

The 14 Duties are

1. Duty to Plan

2. Duty to Supervise

3. Duty to Select, Train, and Supervise Coaches

4. Duty to Provide Proper Technique Instruction

5. Duty to Provide Warnings

6. Duty to Provide a Safe Playing Environment

7. Duty to Provide Protective Athletic Equipment

8. Duty to Evaluate the Conditioning of Athletes

9. Duty to Evaluate for Injuries and Incapacities

10. Duty to Match and Equate Athletes

11. Duty to Provide Immediate Medical Assistance

12. Duty to Develop an Emergency Medical Response Plan

13. Duty to Provide Safe Transportation

14. Duty to Disclose Insurance Coverage and Other Information

While space does not permit review of all 14 legal duties, the goal is to highlight – by way of application – the importance of understanding the reasons and applications of the 14 duties.

Legal Duties/Negligence
A legal duty is a legal obligation to act in such a way as to enhance safety of person/property. When there is an allegation that a harm resulted from a breach of a legal duty, that is called negligence. Negligence can arise from affirmative actions that are determined to be unreasonable under the circumstances, or failure to act in a reasonable manner in the execution of legally required duties.

As it relates to athletic directors, these general duties follow them everywhere – the staff, workers, coaches and a number of other personnel all fall under the umbrella of athletic director responsibility.

Negligence is the failure to exercise reasonable care in the execution of one or more specific aspects of an interscholastic athletics program. Generally, negligence allegations cite commission of a hazardous act or omission of reasonable act or duty (failure to act) in the performance of supervisory responsibility. In either case, acts of omission or commission may serve as both as the actual cause and the proximate cause of an injury.

The four elements of a claim of negligence are:

1. Duty – The defendant (coach/AD) owed a specific duty, an obligation of reasonable care under all circumstances to ensure (not guarantee) that the participants in an activity (including spectators) are as reasonably safe as they can be during the activity;

2. Breach – That the defendant coach/AD breached the duty of reasonable care;

3. Causation – The breach of the duty was both the actual and proximate cause of damage; and

4. Damage – That the breach was foreseeable and actually caused PROVABLE compensable personal and/or property injury/damage.

Two reminders: 1) the law of negligence is not a guarantee that nothing bad happens – the law exists so that if something does happen that was foreseeable under very specific circumstances, the injured party can seek relief; and 2) the coach/AD relationship is frequently one of agency – the coach is the agent of the athletic director as it relates to many of the 14 duties. That means in many aspects, the athletic director is only as good as the coach in charge based on training and knowledge.

Real Situations
The following are actual situations; no lawsuits were filed. They are presented simply to inspire both questions and reflection as athletic directors assess the ongoing legal duties they face. Some inquiries would be the questions below, and those will be the basis of this review. The answers that follow are not comprehensive; they are intended to be additional information for consideration. There may be legal theories outside the 14 duties that could be applicable, but these situations are only for 14 duties consideration.

Upon reading these situations, other questions arise to inspire athletic directors to review the 14 duties continuously.

• What duty existed before this situation arose?

• Was this situation reasonably foreseeable? (There can be much “gray” area when considering this question.)

• How should an athletic director deal with this situation?

• What are the lessons learned?

Situation 1 – The ADA Elevator Stopped Working – (Duties to Consider – Duties 1 and 2) The football game start time is 7 p.m. The ADA access to the stadium bleachers is via an elevator. The school has personnel to aid the ADA spectators at both the entrance to the elevator on the first floor and at the exit to the elevator on the third floor. Alternatively, there is ADA ramp access to the field level for sitting in designated areas, should a spectator prefer ramp access.

At about 6:55 p.m. after many ADA spectators were already seated, the athletic director was notified that the elevator stopped working, and fans in wheelchairs currently awaiting entry needed seating access at field level. District maintenance employees were immediately summoned and quickly determined that the elevator was unusable without further specialized maintenance, which they could not do. That meant that those already in the stadium had to be escorted out in a different manner. What to do?

• What duty existed before this situation arose? There is a duty to inspect and confirm that the elevator is working prior to the commencement of its use, and to be aware of any history of it not working.

• Was this situation reasonably foreseeable? In a general sense, the answer probably would be “no.” However, if there had been a history of malfunction that was overlooked in preparation for the event, that may indicate foreseeability. But if this was a first-time failure, it represents unfortunate timing.

• How to deal with this situation? This situation leaves the athletic director with hard and uncomfortable practical choices. One, how does a spectator confined to a wheelchair now isolated in the bleachers get to a place to leave the stadium by ramp? Literally, the spectators may have to be carried down the stairs, one spectator at a time, to their waiting wheelchair. Who would do the carrying? This requires immense sensitivity for the spectator. The athletic director might consider using medical personnel (EMTs) available to help and start the process of organizing the exit as soon as the problem was reported. This would contemplate notifying and discussing options with the spectator, family members and others to get significant input into the solution. For those still entering, ensure the space at field level is a safe distance from the field of play, and provide a spot to sit for those with ADA limitations.

• What are the lessons learned? Be prepared for even the most unexpected and remote event – after all, no one thinks a stadium elevator is not going to work.

What happened – The affected parties allowed family and friends to carry them down to the safe area of the track so they could enjoy watching the game. There were many willing to help, and there was a spirit of understanding regarding the elevator snafu.

Situation 2 – A Shot in a Shot Put Competition Hits a Spectator – (Duties to Consider – Duties 1, 2, 3, 5, 6, 9, 11)

At a track and field meet, the shot-put throwing circle was protected by a fence that met all recommended conforming height, width and throw-circle coverage. Both sides of the landing area sector lines were marked off with a rope barrier that was attached at the shot circle end pole of the fence and extended to about 100 feet down and about 20 feet from both sides of the landing sector.

After the boys competition concluded, the girls were called for warm up. The warm-up safety procedures and the warm-up order were articulated, then warm-up started. During one warmup throw attempt by a thrower using the spin technique, the shot slipped out of her hand during the spin just as she was releasing it. It hit high on the backstop and actually bounced over the backstop and hit a spectator on the shoulder, causing injury. The spectator had her back to the thrower and was not paying attention as she was in conversation with another spectator.

• What duty existed before this situation arose? To make sure barriers were erected that would denote where spectators would stand so they would be viewing the event from a safe spot.

• Was this situation reasonably foreseeable? Generally, the answer is yes – that is why barriers of any form at these events are erected – to force spectators into safety. However, this is a very unique situation – what happened had never been seen before by any coach, spectator or athlete participating. Everyone said, “I’ve never seen that before!” Also, the spectator was not paying attention. If the spectator was paying attention, the spectator could have easily avoided being hit. In the moment, such an expectation that the spectator takes steps to protect themselves could and might factor into any ultimate determination of fault, but that is a defense in the event of litigation.

• How to deal with this situation? Make sure the spectator has access to medical attention immediately and be prepared to listen to the injured party express frustration that more could/should have been done to enhance safety.

• What are the lessons learned? Freak things can happen at high school sporting events. It may be necessary to adjust how close spectators can sit to the throwing circle.

What happened – The injured person and spouse were extremely upset. They thought safety could have been better. They were, however, satisfied when the athletic director assured them things would be reviewed before the next meet. The athletic director acknowledged everything they were concerned about for future meets. An adjustment was made going forward based on one of the suggestions.

Situation 3 – Freshman Athlete Injured on First Attempt at Jumping Over the High Jump Bar – (Duties to Consider – Duties 1, 2, 3, 4, 5, 6, 9, 11, 14)

During the latter part of the first week of track and field practice, and after two practices of teaching/discussing/reviewing safety and appropriate jumping technique, a freshman with no prior track and field experience takes his first jump over a relatively low height at the high jump pit. He lands awkwardly, which was noticed by the coach. The coach immediately asked him whether he was OK. The athlete said he was OK but then asks, and receives permission, to go to the restroom in the locker room. The coach, who did not note anything physically unusual about the athlete, approved the student going into the locker room to use the restroom.

The next day the athlete’s parent called the school to excuse the student for the day, and then called the school nurse to indicate her son had a broken orbital socket around his eye. The mom said she had picked up the athlete from practice the previous day after getting a call due to him not feeling well. She noted his eye was swollen, so she took him to the doctor. She further told the nurse that per the physician, until the swelling went down, the doctors would not know the extent of the damage to the eye, but that most likely he will need surgery on the orbital socket.

The nurse then shared this information with the athletic director, which was the first the athletic director had heard about it. The athletic director called the head track coach for an explanation, who was unaware of it, but was going to check with the high jump coach. The high jump coach confirms the essential facts but was unaware that the athlete had called home and left practice.

• What duty existed before this situation arose? To ensure the coaches are aware of their duties relating to training, specific event coaching, injury awareness and communication of injury with the athletic trainer, parents and athletic director.

• Was this situation reasonably foreseeable? Absolutely - certainly the “awkwardness of a jump” by a first-time participant is foreseeable, as is the potential of a resulting injury. It is even foreseeable that an athlete might call home and leave practice early – none of this should have been a surprise to the jump coach except for possibly the magnitude of the injury.

• How to deal with this situation? Talk to the head coach and the jump coach immediately to express that they have a continuing duty to know that an athlete has 1) incurred an injury, 2) access to immediate medical attention, and 3) knowledge that the athlete left practice early.

• What are the lessons learned? Be very diligent about out-of-the-ordinary and/or apparent fluky incidents at practice. If not handled well and confidently, it can be a really bad look for the coaches and athletic director.

What happened – The eye was at great risk, so the parent was referred to the “catastrophic insurance” carrier for the state. His orbital socket was fixed via surgery. The athlete made a full recovery.

As indicated previously, these situations are real, and none led to any litigation. The fact that no litigation occurred is a testament to the commitment to communication, and because the athletic director had an understanding of, and commitment to, the applications of the 14 Duties.

This gets to the old saying, “An ounce of prevention is worth a pound of cure.” An understanding and commitment to these 14 Duties is so helpful and is a great way to mitigate against things that would otherwise become an impediment to the day-to-day activities of administering interscholastic sports and activities.