Legal Issues in Physical Education & Sport

Reasons PE teachers and coaches often move into administrative positions because the following reasons have good crossover:

  • People skills
  • Administration of classes
  • Legal emphasis

How paranoid should you be?

Definitions

  • Malfeasance: Commission of illegal act
  • Misfeasance: Unlawful performance of lawful act
  • Nonfeasance: Failure to perform duty legally required
  • Tort: Civil wrongs not arising from a breach of contract.

Negligence: Doing or failing to do what a reasonable and prudent person would have done under the same circumstances.

General recommendations for avoiding negligence:

  • Ensure safety: Equipment facility
  • Teach and enforce applicable rules
  • Teach skills necessary
  • Provide supervision ALWAYS

Assumption of risk: Involved in exercise and sport but not always the case.

Save harmless: May save district but not teacher. Teacher responsible for their own tort. Find out what insurance policy school has to if you are sued. Physical education teachers and coaches should get their own additional liability ensurance. Some coaching organizations and teachers organizations offer this.

When others use "your" facility

  • Written standard operating policy
  • Written emergency and crisis plan
  • Ensure strict supervision
  • Require appropriate insurance
  • Keep accurate records and signatures that group leaders have read

It is impossible to make facilities comlpetely fail safe.

Attractive nuisance: These are equipment and other facility features that may attract people to them to get hurt. Examples include soccer goals (kids like to swing on them), blocking sleds, batting cages, gymnastic vaults, weight lifting equipment,  and treadmills.

Teams: Do coaches have right to regulate aspects not directly related to sports? Rules must be established, communicated, and understood.

Note: some of this information is based on Horine, L. E., & Stotlar, D. K. (2004). Administration of Physical Education and Sport Programs, (5th ed.). New York: McGraw-Hill.