Thursday, June 4, 2020

Legal Issues in Opening

D3Playbook
JUNE 4, 2020 | written by STEVE ULRICH
your must-read briefing on what's driving the day in NCAA Division III

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>> Today's Word Count: 1,446. Brief, concise. Easy to digest. 

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1.  Legal Issues in Opening
 
by Lindsay McKenzie and Emma Whitford, InsideHigherEd.com
 
"Whether institutions can be held liable for students, faculty and staff members contracting COVID-19 on campus is top of mind for leaders mulling reopening plans, but that’s not the only legal pitfall they have to worry about. Lawyers in higher education say an abundance of legal issues await them come September.

In the final months of the spring semester, lawsuits cropped up in response to room and board reimbursements, or lack thereof, and online AP testing complications. Colleges have for weeks lobbied Congress for liability protection should students or employees get sick."

>> Quotable: “If an institution says that people have to wear masks or other PPE on campus, and discipline them for not doing it, is there a legal risk? Are they going to sue us? Is there some kind of constitutional claim there?” asked Jim Keller, a litigation lawyer who co-chairs Saul Ewing Arnstein & Lehr’s higher education and K-12 practice in Philadelphia.

>> Quotable II: "Institutions will have a number of strong defenses available, including, among others, that their adherence to CDC and other guidance demonstrates that they have met the applicable standard of care and that, given the nature of the virus, it will be very difficult … to demonstrate what caused a particular individual to contract the virus," said Scott Warner, a partner at Husch Blackwell in Chicago who specializes in higher education law. "Institutions will also be informing their students and employees of the risks inherent in returning to campus given the very nature of the virus."

>> The Big Picture: What does this mean not only for students, but also for staff, including coaches, trainers, administrators and support staff? Will your institution's general counsel be working for you? Or against you?

>> Be Smart: Communication will be the key between Old Main and the rest of the campus.

>> Go Deeper

 
2. NCAA's Legal Obligations vs. Sexual Abuse

by Nick Bromberg, Yahoo Sports

"The NCAA is arguing that it doesn’t have a legal obligation of protection in response to a lawsuit by three former college athletes who say they were sexually abused by a longtime track and field coach.

Former Arizona and Texas athlete Erin Aldrich and former Texas athletes Londa Bevins and Jessica Johnson say that John Rembao sexually abused and harassed them during their college careers. They’ve sued the NCAA, saying the collegiate governing body has failed to establish rules that punish coaches for sexual misconduct.

The plaintiffs argue that if a coach can get punished for recruiting violations or inappropriate payments to players and recruits, he or she can also get punished by the NCAA for sexually abusing or harassing athletes.

>> Why It Matters: “The direct negligence-based claims should be dismissed because the NCAA does not owe a related legally cognizable duty to Plaintiffs. The contract-based claims fail because there is no enforceable contract between Plaintiffs and the NCAA, nor were Plaintiffs third-party beneficiaries of any contract between the NCAA and its members." - Orange County Register

>> Of Note: Case questions the scope of the NCAA's reach. See North Carolina's academic fraud case.

>> Continue Reading

 

3. MLAX Changes Faceoffs
 
DIII Men's College Lacrosse - Home | NCAA.com
 
"The NCAA Men’s Lacrosse Rules Committee has proposed eliminating the motorcycle grip and having both players start faceoffs with only their feet, gloves and sticks touching the ground beginning in the 2020-21 academic year.

Before a final decision is made, in accordance with the NCAA playing rules change process, the committee will seek additional feedback from the membership during a two-week comment period. Then the committee’s final recommendations must be approved by the NCAA Playing Rules Oversight Panel, which is scheduled to discuss men’s lacrosse rules proposals July 22.

Currently, players can start a faceoff on one knee and also can use a motorcycle grip, in which the stick is held with both palms down. Members of the committee, which met by videoconference for four days last week, felt this leads to clamping of the ball and long stalemates.

If the changes are approved, committee members think this area of the game will be cleaned up, and players would have to move the ball in a continuous motion. If the ball is withheld in a player’s stick, a violation would be called, and the opposing team would be awarded possession of the ball."
 
  • The committee also proposed that if a team is called for three faceoff violations in a half, the player committing the penalty on all subsequent violations must serve the 30-second penalty.
  • The committee recommended making the goal-mouth area restricted for offensive players. If an offensive player jumps, dives, falls or runs into the goal-mouth area and scores, the goal would not count.
  • In dead ball, out-of-bounds scenarios, the committee recommended that the defensive team could call a timeout, and the possession clock would remain at the time of the stoppage and not reset.
>> Read More


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4.  A Look Back

Twenty-five years ago ... the NCAA Division III women's soccer championship.

First Round
UC San Diego 2, Cal Lutheran 0
Macalester 1, UW-Stevens Point 0
Williams* 1, Plattsburgh State 1 (4 ot)
Rochester 1, Binghamton 0

Regionals
UC San Diego 2, Washington (Mo.) 0; Gustavus Adolphus 1, Macalester 0 (2 ot)
UC San Diego 2, Gustavus Adolphus 1 (2 ot)

William Smith 1, Williams 0; Rochester 2, Heidelberg 1
William Smith 2, Rochester 0 (2 ot)

Randolph-Macon* 0, Trinity (Tex.) 0 (2 ot); Methodist 1, Emory 0
Methodist 1, Randolph-Macon 0

Amherst 1, Bowdoin 0; Richard Stockton 2, Col. of New Jersey 1
Richard Stockton* 1, Amherst 1 (4 ot)

Semifinals
UC San Diego 1, William Smith 0
Methodist 2, Richard Stockton 0

FInal
UC San Diego 3, Methodist 0

*Advanced on penalty kicks


5.  Comings and Goings
 

 
6.  1 Bruce Thing

American Skin (41 Shots)" Live in Tampa, FL 03/23/12 - YouTube
 
"Is it a gun, is it a knife
Is it a wallet, this is your life
It ain't no secret (it ain't no secret)
It ain't no secret (it ain't no secret)
No secret my friend
You can get killed just for living in your American skin"


- American Skin (41 Shots), Bruce Springsteen
 
>> Situational AwarenessAmerican Skin (41 Shots) was inspired from the incident that took place on Feb. 4, 1999, when four white New York City plainclothes police officers shot dead Amadou Diallo, a 22 year-old black West African immigrant. The four men suspected Diallo to match the profile of a rapist that had committed crimes in the Bronx area then, and when he tried to pull out what they later found out to be his wallet (which they presumed to be a gun), they opened fire, 41 shots, 19 of which hit the target. The officers were later tried for murder, but were found innocent by the jury.

>> Reality Check: “Eight minutes,” Bruce Springsteen said today during his Sirius XM broadcast. “That song is almost eight minutes long. That’s how long it took George Floyd to die with a Minneapolis officer’s knee buried into his neck. That’s a long time. That’s how long he begged for help and said he couldn’t breathe. The arresting officer’s response was nothing but silence and weight. Then he had no pulse. And still it went on…May he rest in peace.”

>> Be Smart: “There can be no standing peace without the justice owed to every American regardless of their race, color or creed. The American story, our story, is in our hands and may God bless us all."

We can do better. We must do better.

#BlackLivesMatter #AllLivesMatter


 
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