5 hot topics (minus two) wssaaa conference 2009 presenters: dick langum and steve bridge

5 Hot Topics5 Hot Topics(Minus Two)(Minus Two)

WSSAAA Conference 2009WSSAAA Conference 2009

Presenters: Dick Langum and Presenters: Dick Langum and Steve BridgeSteve Bridge

Canfield & Associates 2

Please understand the purpose of this presentation and handout is educational. Nothing in either should be construed as

specific legal advice for a particular situation. Sound legal advice requires an

understanding of all of the facts of a particular situation, something that cannot

occur in an education presentation.

Current IssuesCurrent Issues

Though there are several current Though there are several current issues facing athletic programs- we issues facing athletic programs- we have decided to focus on two: have decided to focus on two: 1.1. Maintaining a Professional BarrierMaintaining a Professional Barrier 2.2. ConcussionsConcussions

Reason: These two issues have the Reason: These two issues have the potential of becoming large litigation potential of becoming large litigation issues for coaches, AD’s and School issues for coaches, AD’s and School DistrictsDistricts

The Risk of Doing BusinessThe Risk of Doing Business

The school district employees, The school district employees, agents and volunteers are covered agents and volunteers are covered by liability insurance while acting by liability insurance while acting within within the scope of their dutiesthe scope of their duties

Intentional wrongs, acts or crimes Intentional wrongs, acts or crimes areare excludedexcluded


The Need to Feel Safe!The Need to Feel Safe!

60% of all students feel that safety is 60% of all students feel that safety is the number on concern in schools the number on concern in schools today!today!

90% of parents feet that safety is the 90% of parents feet that safety is the number one concern in schools number one concern in schools today!today!


PARENT’S EXPECATIONS & PARENT’S EXPECATIONS & DISTRICT LIABILITYDISTRICT LIABILITY

Parents have the expectation that Parents have the expectation that their children will return to them in their children will return to them in the same condition or better than the same condition or better than when they left for school!when they left for school!

Theory of “in loco parentis” (in the Theory of “in loco parentis” (in the place of parents)place of parents)


Legal TerminologyLegal Terminology

Deliberate indifference: Deliberate indifference: When a school district employee, agent When a school district employee, agent

or volunteer chooses to act outside the or volunteer chooses to act outside the policies, procedures of the district policies, procedures of the district and/or the rules and regulations and/or the rules and regulations governing the activity, the person may governing the activity, the person may be guilty of deliberate indifference and be guilty of deliberate indifference and therefore exposing themselves to therefore exposing themselves to personal liabilitypersonal liability . .

Special School Employee Special School Employee DutyDuty

RCW 28A.400.317 (1)RCW 28A.400.317 (1)What must be reported:What must be reported:

Sexual GroomingSexual GroomingBoundary Invasion behaviorsBoundary Invasion behaviors

Inappropriate relationships with studentsInappropriate relationships with studentsInappropriate conduct with studentsInappropriate conduct with students

Things that “do not add up” between an educator and a Things that “do not add up” between an educator and a studentstudent


Determining LiabilityDetermining Liability

Duty of Ordinary CareDuty of Ordinary Care Foreseeable Foreseeable Known or Known or should have knownshould have known

Breach of that DutyBreach of that Duty Doing Doing something you shouldn’t have done something you shouldn’t have done Not doing something Not doing something you should have doneyou should have done

Damages or Injuries OccurredDamages or Injuries Occurred To individual To individual To To propertyproperty

Proximate Cause Proximate Cause Natural and continuous Natural and continuous sequence of events sequence of events withwith no casual element no casual element interrupting sequence interrupting sequence andand nothing outside the nothing outside the chain of events impacting cause and effectchain of events impacting cause and effect


Maintaining a professional boundary


Use technology responsiblyUse technology responsibly Password protect your computer. Password protect your computer. Use email as you would a hand Use email as you would a hand

written note.written note. Keep it professional—not personal.Keep it professional—not personal. Don’t text message or IM students.Don’t text message or IM students. Facebook, My Space and websites Facebook, My Space and websites

all have potential for irresponsible all have potential for irresponsible &/or inappropriate behavior.&/or inappropriate behavior.


Personal BehaviorPersonal Behavior Never be alone with a player Never be alone with a player

behind closed doors.behind closed doors. Spending more social time with Spending more social time with

students/players than adultsstudents/players than adults Giving one or more players gifts Giving one or more players gifts

but not giving gifts to all playersbut not giving gifts to all players Don’t allow players to call you by Don’t allow players to call you by

your first name.your first name. Be cautious about using only one Be cautious about using only one

babysitter.babysitter.


Professional BehaviorProfessional Behavior Don’t do what you are not trained to Don’t do what you are not trained to

do.do. Monitor how frequently a staff member Monitor how frequently a staff member

requests the same opposite gender TA.requests the same opposite gender TA. Be cautious how you greet someone—Be cautious how you greet someone—

bear hugs are not appropriate.bear hugs are not appropriate. Don’t transport players/students in Don’t transport players/students in

your vehicle and never transport a your vehicle and never transport a player by themselves.player by themselves.

Don’t flirt with students/players.Don’t flirt with students/players.


Professional BehaviorProfessional Behavior REMEMBER:REMEMBER:

YOU ARE THE YOU ARE THE ADULT!ADULT!


Professional BehaviorProfessional Behavior REMEMBER:REMEMBER:

By not establishing and By not establishing and maintaining personal maintaining personal boundaries and a boundaries and a professional relationship professional relationship with students, you have with students, you have opened the door for opened the door for perceived perceived GROOMING.GROOMING.


The abuser will select a student and give them special rewards and attention, provide them with support and understanding, while slowly increasing the amount of touch or other sexual behavior.

Grooming


RCW 28A.400.317RCW 28A.400.317 If you have reasonable cause to believe If you have reasonable cause to believe

that a that a school employeeschool employee is guilty of is guilty of physical abuse or sexual misconduct, you physical abuse or sexual misconduct, you must report your beliefs to your school must report your beliefs to your school administration. administration.

The school administrator is then required to The school administrator is then required to investigate and report (or cause to have investigate and report (or cause to have reported) to the proper authorities as soon reported) to the proper authorities as soon as possible, in no case longer than 48 as possible, in no case longer than 48 hours. hours.

During the course of the reasonable cause During the course of the reasonable cause determination, the school administrator determination, the school administrator shall contact all parties involved in the shall contact all parties involved in the complaint.complaint.

Sexual MisconductSexual Misconduct

Number one issue facing school district Number one issue facing school district today because of amounts today because of amounts associated with litigation awards.associated with litigation awards.


Current Issue-Safe EnvironmentCurrent Issue-Safe Environment

Sexual Misconduct IssuesSexual Misconduct Issues Associated Press Reports from 2001-Associated Press Reports from 2001-

2004 over 2500 educators have 2004 over 2500 educators have either lost their license to teach or either lost their license to teach or faced felony charges as a result of faced felony charges as a result of sexual misconductsexual misconduct

OSPI Sexual Offender Profile- OSPI Sexual Offender Profile- 2000-20052000-2005

95 Sexual misconduct cases95 Sexual misconduct cases 48 years of age is the average48 years of age is the average 16.5 years of experience16.5 years of experience


Common MistakesCommon Mistakes

Don’t see any problemDon’t see any problem Assume that since you only saw Assume that since you only saw

one thing that it is an isolated one thing that it is an isolated problemproblem

Ignore the problemIgnore the problem Letting the relationship with the Letting the relationship with the

person accused interfereperson accused interfere Don’t seek District Office level Don’t seek District Office level

adviceadvice

Investigation ProcessInvestigation Process(Initial Stages)(Initial Stages)

Role of the Role of the SuperintendentSuperintendent Role of the Role of the HR personHR person Role of the Role of the Building PrincipalBuilding Principal Role of Role of AAD &/or immediate supervisor &/or immediate supervisor Role of the Role of the insurance providerinsurance provider incl. risk incl. risk

manager, investigatormanager, investigator Role of Role of law enforcementlaw enforcement


Investigation ProcessInvestigation Process(Secondary phase(s))(Secondary phase(s))

The school district-may be excludedThe school district-may be excluded Law Enforcement-may involve multiple Law Enforcement-may involve multiple

agenciesagencies School District Lawyer(s)School District Lawyer(s) Victim LawyersVictim Lawyers Accused LawyersAccused Lawyers Union attorneyUnion attorney Watchdog litigation teamsWatchdog litigation teams The MEDIA-selective reporting/trial in public The MEDIA-selective reporting/trial in public

domaindomainCanfield & Associates 23

Investigation ProcessInvestigation Process(Key ingredient-DOCUMENTATION)(Key ingredient-DOCUMENTATION)

Key element in all cases is ACCURATEKey element in all cases is ACCURATE DOCUMENTATION.DOCUMENTATION.

Keep records recording time, date & place of Keep records recording time, date & place of event or action(s)event or action(s)

Trust your “gut”—if the circumstance Trust your “gut”—if the circumstance doesn’t feel right or seem right, document it. doesn’t feel right or seem right, document it.

As Paul Harvey used to say, As Paul Harvey used to say, “This is the rest of “This is the rest of the story”.the story”. You may have a part and You may have a part and someone else may have a part, but together someone else may have a part, but together they make the REST OF THE STORY!they make the REST OF THE STORY!



HOT TOPIC #2HOT TOPIC #2

CONCUSSIONSCONCUSSIONS


CONCUSSION?CONCUSSION?

A concussion is a brain injury that:A concussion is a brain injury that: Is caused by a bump, blow, or jolt to the head.Is caused by a bump, blow, or jolt to the head. Can change the way your brain normally works.Can change the way your brain normally works. Can range from mild to severe.Can range from mild to severe. Can occur during practices or games in any Can occur during practices or games in any

sport.sport. Can happen even if you haven’t been knocked Can happen even if you haven’t been knocked

out.out. Can be serious even if you’ve just been Can be serious even if you’ve just been

“dinged” or had your “bell rung”.“dinged” or had your “bell rung”. No two concussions are alike.No two concussions are alike.

(1)(1)4/094/09


General Information Associated General Information Associated with Concussionswith Concussions

Two most recognizable signs of concussion Two most recognizable signs of concussion are LOC and amnesia, yet neither are are LOC and amnesia, yet neither are required for a diagnosis of a concussion.required for a diagnosis of a concussion.

There are two parts to the concussion/head There are two parts to the concussion/head trauma injury—the trauma injury—the physical damagephysical damage to the to the brain and the impairment to how the brain and the impairment to how the brain brain functions.functions.

CT scans and MRI’sCT scans and MRI’s study the structure of study the structure of the brain and not how the brain is functioning.the brain and not how the brain is functioning.

(2)(2)


General Information Associated General Information Associated with Concussionswith Concussions

SymptomsSymptoms give us indicators of how much give us indicators of how much damage has been done to the functioning of damage has been done to the functioning of the brain.the brain.

An athlete should be evaluated every 5 An athlete should be evaluated every 5 minutes until athlete improves and be minutes until athlete improves and be monitored over the next few days to observe monitored over the next few days to observe and report delayed signs and symptoms.and report delayed signs and symptoms.

If an athlete lost consciousness or experiences If an athlete lost consciousness or experiences amnesia lasting longer than 15 minutes, they amnesia lasting longer than 15 minutes, they should be referred to a physician immediatelyshould be referred to a physician immediately..

(3)(3)


Statistics and Trends Associated Statistics and Trends Associated with Concussionswith Concussions

If there is If there is memory lossmemory loss for for lessless than than 5 minutes5 minutes, the memory , the memory recovery level after 2 days is 93%, after 4 days is 95% and recovery level after 2 days is 93%, after 4 days is 95% and 100% after 7 days.100% after 7 days.

If there is If there is memory lossmemory loss for for moremore than than 5 minutes5 minutes and less and less than 15 minutesthan 15 minutes, the memory recovery level after 2 days is , the memory recovery level after 2 days is 80%, after 4 days is 81% and after 7 days is 90%. 80%, after 4 days is 81% and after 7 days is 90%.

An athlete who sustains a concussion is 4-6X more likely to An athlete who sustains a concussion is 4-6X more likely to receive a 2receive a 2ndnd concussion unless the first concussion has HEALED! concussion unless the first concussion has HEALED!

If an athlete lost consciousness or experiences amnesia lasting If an athlete lost consciousness or experiences amnesia lasting longer than 15 minutes, they should be referred to a physician longer than 15 minutes, they should be referred to a physician immediately.immediately.

Follow RTP (return to play) guidelines established starting in Follow RTP (return to play) guidelines established starting in 2009-2010.2009-2010.

(4)(4) 4/094/09


What are the symptoms of a What are the symptoms of a concussion?concussion?

You can’t see a concussion, but you might see symptoms right You can’t see a concussion, but you might see symptoms right away. Sometimes symptoms can show up days or weeks after the away. Sometimes symptoms can show up days or weeks after the injury.injury.

SYMPTOMSSYMPTOMS (reported by athlete)(reported by athlete) Nausea feel like you might vomit)Nausea feel like you might vomit) Balance problems or dizzinessBalance problems or dizziness Double vision or fuzzy visionDouble vision or fuzzy vision Sensitivity to lightSensitivity to light HeadacheHeadache Feeling sluggishFeeling sluggish Feeling foggy or groggyFeeling foggy or groggy Concentration or memory problems (forgetting plays)Concentration or memory problems (forgetting plays) ConfusionConfusion

(5)(5)4/094/09


Symptoms of a ConcussionSymptoms of a Concussion Symptoms Observed by Parent/Coach/etc.Symptoms Observed by Parent/Coach/etc.

Appears stunned or dazedAppears stunned or dazed Is confused about assignmentsIs confused about assignments Forgets playsForgets plays Is unsure of game, score, or opponentIs unsure of game, score, or opponent Moves clumsilyMoves clumsily Answers questions slowlyAnswers questions slowly Loses consciousnessLoses consciousness Shows behavior or personality changesShows behavior or personality changes Can’t recall events prior to hitCan’t recall events prior to hit Can’t recall events after hitCan’t recall events after hit

(6)(6)

4/094/09


WHAT SHOULD I DO?WHAT SHOULD I DO? If I am a player:If I am a player:

Tell your coach or parents/guardianTell your coach or parents/guardian Get a medical check upGet a medical check up Give yourself time to recoverGive yourself time to recover

If you have had a concussion, your brain needs time to If you have had a concussion, your brain needs time to heal. While your brain is healing, you are much more heal. While your brain is healing, you are much more likely to have a second concussion. Second or later likely to have a second concussion. Second or later concussions can cause permanent brain damage, and concussions can cause permanent brain damage, and even death in rare cases. (called even death in rare cases. (called “2“2ndnd Impact Impact SyndromeSyndrome) Severe brain injury can change your whole ) Severe brain injury can change your whole life.life.

(7)(7)6/076/07


What Should I Do?What Should I Do? If I am a parent?If I am a parent?

Seek medical attention right awaySeek medical attention right away

Share all information with the health care providerShare all information with the health care provider

Keep your teen out of play until cleared by a medical Keep your teen out of play until cleared by a medical doctordoctor

Tell all of your teen’s coaches about any recent Tell all of your teen’s coaches about any recent concussion(s)concussion(s)

Remind your teenRemind your teen: : It is better to miss one game than It is better to miss one game than the whole season or longerthe whole season or longer

(8)(8)6/076/07


What Should We Do?What Should We Do?(An Action Plan-part 1)(An Action Plan-part 1)

PreseasonPreseason Good physicals for players including prior health historyGood physicals for players including prior health history Parent Education Meeting-as part of regular pre-season Parent Education Meeting-as part of regular pre-season

meetingmeeting Player Education Meeting-as part of regular pre-season Player Education Meeting-as part of regular pre-season

meetingmeeting Develop an Emergency PlanDevelop an Emergency Plan

Who will manage injuries during practice/games?Who will manage injuries during practice/games? Training of staff in head injury protocolTraining of staff in head injury protocol Pocket cards for coaches and first aid kits—reminders of Pocket cards for coaches and first aid kits—reminders of

symptoms/protocolssymptoms/protocols Emergency contactsEmergency contacts Good communication procedures to 911Good communication procedures to 911 Who will manage remainder of playersWho will manage remainder of players Who will complete and file accident reports Who will complete and file accident reports 4/094/09

(9)(9)6/076/07


What Should We Do?What Should We Do? (An Action Plan-part 2)(An Action Plan-part 2)

During the seasonDuring the season (Coaches if an injury occurs) (Coaches if an injury occurs) Remove athlete from play Remove athlete from play Perform necessary first aid as requiredPerform necessary first aid as required Obtain a proper evaluation—we as coachesObtain a proper evaluation—we as coaches identify an injury identify an injury

and a health care professional evaluates the injuryand a health care professional evaluates the injury—coaches —coaches always submit to the higher authority when providing always submit to the higher authority when providing health carehealth care

Inform parents or guardians and provide them a fact sheet on Inform parents or guardians and provide them a fact sheet on concussion symptoms/recognitionconcussion symptoms/recognition

Return to Play (RTP) only after written clearance from HCP as Return to Play (RTP) only after written clearance from HCP as requiredrequired

Inform all staff who may be in contact with student-athlete so Inform all staff who may be in contact with student-athlete so proper/accurate monitoring of symptoms is possibleproper/accurate monitoring of symptoms is possible

Poor grades or falling grades may be an indicator of a Poor grades or falling grades may be an indicator of a concussionconcussion

Behavior changes may be an indicator of a concussionBehavior changes may be an indicator of a concussion(10)(10)

4/094/09



Coaches: During the SeasonCoaches: During the Season Proper Fitting and Frequent Refitting of EquipmentProper Fitting and Frequent Refitting of Equipment

Proper Maintenance of EquipmentProper Maintenance of Equipment

Teach Proper and Safe Sport TechniquesTeach Proper and Safe Sport Techniques

Follow Rules of Sportsmanship for the SportFollow Rules of Sportsmanship for the Sport

Communicate with Parents or Guardians and Teachers about an Communicate with Parents or Guardians and Teachers about an Athlete with a ConcussionAthlete with a Concussion

Mandate Good Teeth Guards where AppropriateMandate Good Teeth Guards where Appropriate

(11)(11)4/094/09



REMEMBER!REMEMBER!

REST IS THE KEY TO FULL RECOVERY!

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Senate Bill #5943Senate Bill #5943

What is it?What is it? Concussion AWARENESS & TRAINING BILLConcussion AWARENESS & TRAINING BILL

How will it be applied?How will it be applied? Similar to rules clinicsSimilar to rules clinics

Who will it effect?Who will it effect? Everyone who uses your facilitiesEveryone who uses your facilities

Who supports this?Who supports this?

4/094/09 (13)(13)

5 hot topics (minus two) wssaaa conference 2009 presenters: dick langum and steve bridge

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