This publication incorporates the final legislative actions of the 104th annual NCAA Convention, January 13-16, 2010. In addition, interpretations incorporated by the Legislative Review Subcommittee, noncontroversial amendments adopted by the Management Council, pursuant to Constitution 5.3.1.1.1, and modifications of wording adopted by the…

This publication incorporates final legislative actions taken during the 2009-10 legislative cycle. Legislation adopted after August 1, 2009, interpretations incorporated by the Legislative Review/Interpretations Committee, modifications of wording and editorial revisions are set off by a gray background and also include an adoption or revision…

A tort is an actionable wrong, other than breach of contract, that the courts will recognize and intervene to equalize. There are three questions the court will ask: Did someone owe someone else a duty? Was there a breach of duty owed? Was the breach the proximate cause of the plaintiff's injury? The grounds for injury actions may be classified as…

The text of the opinion section of Nevada District Judge Paul S. Goldman's Decision in Jerry Tarkanian v. the University of Nevada and the National Collegiate Athletic Association, in which the judge ruled that the NCAA could require the university to suspend Tarkanian, is presented. (Author/MLW)

Changes in sports and the "sue syndrome" have increased the risk of athletic coaches being sued. Suggestions to reduce the risk involve: (1) job contracts; (2) preseason physical examinations; (3) parental consent; (4) good rapport with participants; (5) equipment safety; (6) documentation; (7) insurance; and (8) establishing priorities. (FG)

The ruling of a state judge that the National Collegiate Athletic Association could not require that Jerry Tarkanian, basketball coach at the University of Nevada at Las Vegas, be suspended for recruiting violations is discussed. The ruling states that he was denied due process. (MLW)

This transcript of an oral presentation reviews a Kansas Supreme Court decision concerning supplemental contracts (the Hachiya decision), which held that coaching is always performed under a supplemental contract no matter when the assignment occurs. Four previous decisions regarding coaching and contracts are discussed: (1) Smith v Board of…

Even in situations in which the underpayment of girls' coaches is due to the sex of the students coached rather than to the sex of the coaches, the coaches and the girls coached are victims of unlawful discrimination. Available from Harvard Women's Law Journal, Harvard Law School, Cambridge, MA 02138. (Author/IRT)

The possible negative and positive effects of the National Collegiate Athletic Association's regulation, intended to monitor coach income and improve institutional control of programs, are examined. Legal effects under state open-records laws are outlined, one case is reviewed, and the regulation's practical effects are summarized. (MSE)

The ramifications of Title IX compliance are explored in the context of existing programs and procedures. The handbook is written from the standpoint that, once physical education personnel and governance officials are aware of Title IX, they will wish to take the suggested action steps so that program improvement will result. The first section…

Discusses school boards' potential tort liability for sports injuries arising from coaches' lack of knowledge of how to prevent or treat injuries. Argues for board policies requiring that coaches be trained in handling injuries, that their skills be upgraded, and that proper practices be followed. (RW)

Review of coaching contracts from approximately 50 institutions of higher education led to development of a model contract. Guidelines for university counsel include stating explicitly all items that the university intends to provide as compensation and stating the exact terms of the contract and the repercussions if either side prematurely…

This guide focuses on the legal responsibilities of coaches and physical educators, but much of the content is equally applicable to those who teach sports skills in other recreational settings. The guide presents the legal duties of the coach or teacher. The content is drawn from a review of sport lawsuits (or sports injury litigation) over the…

This paper discusses the Equal Pay Act, Title VII of the Civil Rights Act of 1964, as it applies to women athletic coaches and physical education teachers. The following points are considered: (1) application of the Equal Pay Act; (2) advantage of voluntary compliance with the Equal Pay Act; (3) factors used to measure "equal work"; (4)…

An examination of the constitutionality of team prayer shows that pregame prayers violate the First Amendment's Establishment Clause, and their use can lead to liability problems for both coaches and school boards. Advises school boards to adopt policies specifically prohibiting team prayers. (MLF)