Sport Law Advocacy

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by AliZach
Last updated 4 years ago

Discipline:
Health & Fitness
Subject:
Sports
Grade:
7,8,9,10,11,12

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Sport Law Advocacy

Negligence

Contracts

Contract Law: A contract is a voluntary agreement that imposes duties and benefits upon the parties. It is a promise or a set of promises that if breached, the law will provide a remedy. A contract is complex, a manager should consult an attorney before entering into an agreement. · Elements of a common contracto Duties and responsibilities,Term of Employment, Rollover Provisions, Reassignment Clause, Compensation Clause, Fringe Benefits, Bonuses and incentives, Provisions for outside and supplemental income, Termination clause, Buyout provisions, Arbitration agreement, Covenant not to competeHow Contracts Apply to me: Whether seeking a job or hiring employees, contracts are a common occurance to deal with. Throughout my various jobs, one contract situation stands out to me above the rest. I coached field hockey at an area high school and not until midway through the season did the Athletic Director present me with a contract to sign. Not until taking the Sport Law course did I think much about that but now with my newfound knowledge, there are definitely questions that arise from that situation. As I had not signed a contract until halfway through the season, would I have been protected by the school I coached for if something were to happen? This situation exemplifies what was explained in class, that contracts need to be specific, detailed, and completely understandable to be valid. Advocacy for Contracts in Sport Law: In working in the sport industry, contract deals are a major part of careers, so to have the correct understandings of the elements of a contract and the validity of the contract are essential. Contracts are necessary because they state the expectations of both parties and how negative situations will be resolved. Contracts are a very important entity to sport law. Nomatter what area of sport you are involved in, you’re likely to encounter contracts on aregular basis.

Neligence- Failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances.4 Elements to Claim Negligence: Duty of Care Breach of DutyProximate CauseDamagesHow Negligence Applies to Me: Throughout the semester, I was taught the importance of recognizing negligence in all sport entitites. This topic was thoroughly explained and the importance of understanding the elements of negligence was emphasized. The photo to the left represents a scenario that through sport law has made me aware of possible negligence cases I have experienced. I worked at a gym in Wilmington, NC and there are one on one & group training sessions provided. All of the trainers were board certified and had multiple years of experience. In the picture to the left, one trainer Stephen is working and monitoring his client Rachel closely. This is important to note because as a paid personal trainer, Stephen is expected to owe a duty to Rachael. That duty is to ensure that she goes through each exercise in the safest manner that Stephen can provide. If Stephen were to not be paying attention to his client or to request her to do an exercise that could injure her, he could be sued for negligence. Often times, trainers admister group exercise classes early in the morning. They have to prepare these classes carefully and detailed to ensure that all clients participating in the activity are not at a severe risk of injury. This increases risk because now the trainers have multiple clients to account for. Trainers must make sure that the exercises that they choose are not the proximiate cause of injury if that were to occur to their clients. Advocacy for Negligence: Negligence is extremely important in any sport industry. It provides a standard of care which any person in a administrative position may owe to their constituents. Acknowledging potential risks and providing reasonable care for anyone who could be affected by your actions is necessary for avoiding negilgence.

Compliance- the process by which an organisation ensures that it observes and complies with the external statutory laws and regulations.Governance and Policy Issues in College AthleticsLevels of NCAA Compliance violations:1 & 2 - major violations (i.e. academic misconduct, recruiting violations)3 - secondary violations (i.e. impermissible benefits, normally self-reported by school)4 - minor paperwork issues/clerical errorsThe Americans with Disabilities Act (ADA) (July 26, 1990): Provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities· Reasonable accommodations could be made to remove any barrier created by a person’s disability· Title III: No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation· Reasonable modifications- “unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, privileges, advantages, or accommodations"How Compliance Has Applied to Me: The ways in which compliance has involved me occurs daily. Working at an organization for people with physical disabilities, the Americans with Disabilities Act is always at the front of the staff's mind. Being able to provide services for people with disabilities can be a struggle at times due to public facilities not providing ADA accessible accommodations. Although I knew the significance of the Americans With Disabilities Act, it was not until Sport Law in which I could apply it to certain scenarios I have experienced and how the ADA aims to protect people, but it often falls short of full protection. Advocacy for Compliance: On the NCAA homepage, the organization mission is said to be dedicated to "safeguarding the well-being of student-athletes and equipping them with the skills to succeed on the playing field, in the classroom and throughout life". Keeping this in mind, it is obvious why compliance is necessary in sports. Compliance standards provide guideline for success on and off the field of play. Without these guidelines, the possibility of athletes being unsuccessful on the field and the classroom would be much more likely.

Compliance

Sport Law AdvocacyAlison Zacharias

Constitutional Law - The body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.Bill of Rights: The collective name for the first ten amendments to the United States Constitution,which are a list of limites to the U.S. Government.4th Amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Title VII- Prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin.Title IX- A comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.How Constitutional Law has applied to me: As a citizen of the United States. the Constitution provides certain rights for me every day. As a female, the Amendments to the Bill of Rights have allowed for me to find employment in the workplace, regardless of my gender, as well as opportunities to engage in sport as a female. Studying the Constitution while applying it to Sport Law has developed me to become aware of all of the ways in it the Constitutions protects players, coaches, and management.Advocacy for Constitutional Law in Sports: These satutes provide a way for all athletes to play and develop through sport. Sport not only teaches skill specific to the sport, but also teaches valuable life skills such as teamwork, leadership, and responsibility. Through consititutional law have these skills been able to be available for every race, gender, and ability level to participate in sport. The Constiitution also provides a framework for those employed. There cannot be discrimination of any kind for employment, which is noted by Title VII. This is important for the sport industry because it provides an equal platform for all citizens to be considered for positions in sport administration, management, marketing, coaching, and other positions in the sport world. Having this diversity upheld by the U.S. Constitution provides a way for sport to grow and develop.Photos Used: These photos surrounding represent ways in which Constitutional Law has affected me in the past. In the bottom left corner, a photo represent me playing field hockey in college. Due to Title IX, I have had the opportunity to play in competitive sports as a female. In the bottom right corner is a photo of a high school field hockey team I have coached. Having an equal opportunity as others to be considered for a coaching position is credited to Title VII, which provides equal opportunity in the workplace. Title VII also lends itself to the photo directly above which is of Sportable's road racing team. As an employee of Sportable, I am able to work with physically disabled athletes, who, like able bodied athletes, have the opportunity to compete in sports and have the opportunity for equal employment. Many of our coaches at Sportable have physical disabilities which represents the reach that Title VII has.

Constitutional Law

Risk Management

Risk management-an organized plan by which a sport business can manage or control both the programmatic risks and the financial risks facing the organization.How Risk Management has applied to me: This topic covered this semester has made an impact on my knowledge of this area of sport law and how I will apply it in the future. As I continue my career as an employee in the sport industry, I hope to one day reach my goal of being a race director for marathons. Through applying the crucial concepts of the D.I.M. (development, implementation, and management) process, will I succeed in minimizing risks in this profession. At the beginning of the semester, I did not think much about the factors that go on outside of race course design, race marketing, and preparation. I though that police took care of the risk management sector of race day, but now after hearing Ray from Sports Backers speak, as well as discussing other risk management concepts, do I fully understand the need for a thorough risk management team in the event development field.Advocacy for risk management: The importance of risk management is obvious. It provides safety for spectators and participants alike during events. Without detailed risk mangement principles and policies an increase of potential risks and harms would be inevitable.Photos Used: These photos represent how risk management has played a role in my life as a sport law advocate. The photo of the hay bales was taken at a Tough Mudder Event I competed in 2014. As we discussed in class, these types of obstacle course style races have an increased risk of injury and harm due to the nature of the event. By having the appropriate risk management policies in place before the race and to have all race attendants aware of how to handle situations that may arise along the course is important for any event team to have to create a successful event. The video placed in this section is of the Big Sur Marathon. The aerial view of this video shows how open these marathon courses are and how vulnerable athletes and spectators are to harm. The photo to the right of the video is of the Richmond Marathon starting line. Having run in this event before, I have seen the risks that can accompany athletes during this event. Athlete Injuries, crowd management, 'bandit' runners, and external factors can negatively impact an event. By preparing for all possible occurances can a risk management team be successful.


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