TODAY’S LITIGIOUS SOCIETY sometimes makes it seem a law degree will soon be a required part of a coach’s education. It’s not that bad, but it’s a good idea to understand what society perceives to be a coach’s legal duties.
Coaches are held to what is called a “standard of care” that will lower the chance of injuries to athletes. Please note that I didn’t write eliminate injuries or ensure the safety of athletes. That’s an impossibility.
Also remember coaches are held to a standard of care, not a standard of practice. A standard of care is eliminating the deep knee-bend duck walk as part of practice. A standard of practice is doing the duck walk because “my coach made us do it.”
Things to Remember
Coaches are also held to something called the “reasonable prudent profession standard.” This is acting in the manner that those in your profession would act under similar circumstances. It is reasonable, for example, that a football coach examines a player’s helmet. Not checking a helmet is unreasonable.
Failing to be a reasonable, prudent coach is being negligent. The test for negligence is as follows:
You must have a duty. Coaches clearly have a duty to lower the risk of injury to their players.
You fail to meet that duty. Playing a 110-pound freshman against a 250-pound senior in the first scrimmage is not lowering the risk of injury.
There must be an injury. The freshman is injured.
There must be a connection between the duty, the breach of the duty and the injury. This is called “proximate cause.”
The term foreseeable is another way of saying did you use professional common sense? Did you plan ahead? Did you, for example, make sure that the player’s equipment fit properly or did you just tell him to select his own equipment?
Legal Coaching Duties
Your legal coaching duties are:
1. To properly plan an activity. You have a duty to develop a sequence of progressive practice sessions, game preparation and strategies to offer a worthwhile and safety-first experience.
Not planning extra water breaks during August practices would be an example of poor planning.
2. To offer appropriate equipment. The days of giving the old, poor-fitting equipment to the freshman team is over – and that’s a good thing. Avoid purchasing new, state-of-the-art equipment until it becomes “established” equipment.
Buy only from established and reputable companies.
Don't modify equipment or use it for any other activity than its intended purpose.
3. To offer appropriate facilities. A coach’s duty is to inspect the site he is going to use. If there is a problem, correct it. If it cannot be corrected immediately, adjust the activity and report the problem immediately.
For example, the failure to consider buffer zones is a major hazard. Since we know players sometimes leave the playing area, we must create an obstruction-free space outside the playing area.
4. To offer appropriate instruction. You not only have a duty to instruct your athletes to play well; you must teach the proper techniques to lower the chance of injury. The repetition of fundamental skills is one of the major ways to lower the chance of injury.
The ability to offer appropriate instruction can be enhanced in the following ways:
Continue to improve your knowledge by attending workshops. Have the skill demonstrated and let the players practice before the game or match. Remember the phrase, “Teach,” before you “test.” Never use coercion.
Keep competition as equal as possible. Skill, experience, maturity, height, weight, age, sex, one’s mental state and the activity itself — all play a role in this attempt to seek equal participation. You want to avoid competitive mismatching.
Plan the activity; prepare the participants, yourself and the area. Always ask yourself — is there a safer way to teach this activity?
5. To offer appropriate supervision. The lack of supervision is one of, if not the most-often cited complaints against coaches.
Improve your supervision program by remembering and following these simple ground rules.
Being present is only the beginning. Supervision means controlling the situation by continually scanning the activity from the best vantage point. Supervision is an art and a skill that can be improved.
Supervision is a matter of foreseeability and vigilance. I have observed many coaches who fall into what I call the “Safety sloth syndrome.” They are there, but just not paying attention.
Follow R.I.D. RID is an old and effective lifeguard anagram relevant to all supervision.
Recognizing the situation. It there a problem? If there is, don’t wait — correct it immediately.
Intrusions. Don’t permit conversations with teachers or parents while leading a drill. Don’t leave the practice area to make a phone call.
Distractions. Control and scan your players. Avoid doing other tasks at the same time you are coaching.
6. To appropriately condition the individual. Progression is the key to proper conditioning. Trying to do too much too soon, and cutting back on the conditioning phase to get in more skill practice, are two major concerns.
Follow your association’s conditioning guidelines. The current body of knowledge concerning proper physical conditioning is extensive.
7. To appropriately warn about the risks of the activity. Warning and obtaining a signed informed-consent form from both players and parents is a positive aspect.
Sometimes it’s difficult to get everyone to support the idea of a signed informed-consent form, but it’s an important duty. Some coaches feel the time and effort is unnecessary because “everyone knows that you can get hurt in athletics,” while other coaches feel that if you describe the potential injuries students will stop participating. This line of thinking has been proven to be untrue. Participation in athletics has not decreased. Informing players about the risks of participating lowers risks. It is also a duty.
When developing an informed-consent form, remember the following steps.
Your legal counsel should review all documents. Documents must be understood and appreciated by the recipient.
The forms should include pertinent words in large print such as “Warning,” “Attention” and “Please Read.”
The form should cover all phases, sites and the duration of the program.
Ask parents and players if they have any questions and if they understand what they are signing. This permission slip is an agreement to participate and they are signing it voluntarily.
Oral warnings should be frequent and given within the normal context of instruction. Coaches should also inform athletes about their role in lowering the chance of injury to themselves.
8. To offer appropriate post injury care. Regardless of the excellence of any risk-management program, injuries will still occur. A post-injury program should include the following traits.
All coaches should have training in basic first aid and CPR — no exceptions.
Maintain a first-aid kit that includes individual emergency medical forms.
Protect the player from further harm. Comfort the athlete. Do not offer medical assistance beyond your ability.
Have and immediately implement your emergency plan. Review it often and go through it with all the coaches on the staff.
Obtain a higher-level of medical care for the injured player as soon as possible.
Avoid offering information to those in the area except to your superiors or medical personnel.
Report and document the incident as soon as possible.
Do all you can to obtain a certified trainer for your program. This person will be an invaluable resource.
9. To offer appropriate activities. This is an easy one. Football is an acceptable activity. What is and isn’t an appropriate activity is more a matter of how that activity is taught and performed.
Coaches who fail to check equipment on a regular basis, for example, turn the sport into an inappropriate activity.
10. To maintain reasonable records. Maintaining organized, clear records will save you a great deal of time in the future. Reviewing prior practice plans helps you make better practice plans for the following season. Having a set of written rules and regulations prevents misunderstandings.
Maintaining precise and organized records demonstrates that you’re meeting your professional and legal duty. It also gives you credibility.
11. To follow appropriate rules and regulations. Coaches are required to follow state and national rules. There is no excuse for not staying current with all rules and regulations.
Make sure you read the entire rule book. Never modify any regulation that pertains to a safety issue.
Staying On Top Of Things
The information in this article is based on a consensus of opinions by those in athletics, my experience as a coach, an athletic director and as a sport’s safety consultant. It is not professional legal advice. Always check with your school’s legal counsel.
The good news is that a coach’s legal duties are fundamentally the same as his or her coaching duties. If you are a good coach, you care about kids. That’s the formula for meeting your legal duties.
Dr. Richard P. Borkowski served as an athletic and physical education director from 1960 through 1993. His 33-year coaching career included 20 years as a varsity high school coach. He has also served as a football expert witness in law cases throughout the nation for over 35 years.