1. NCAA's Next Legal Challenge
 by Scott M. Reid, Orange County Register "The NCAA has filed a brief in support of the U.S. Olympic and Paralympic Committee (USOPC) in a potential landmark California Supreme Court case, asking the court to rule that the USOPC does not have a legal duty to protect athletes from sexual abuse and harassment.
The NCAA acknowledges in the filing that a Supreme Court ruling that the USOPC has legal obligation to protect athletes could also create major ramifications for the NCAA as well.
“This Court should hold that the USOC did not owe a duty to Plaintiffs” to protect them from sexual abuse and harassment, NCAA attorneys write in the brief.
The State Supreme Court decision in January to hear an appeal of a 2nd District Court decision in October that found the USOPC did not have a legal responsibility to protect athletes came against the backdrop of a new state law that could see USOPC, and its 49 national governing bodies, as well as the NCAA, face dozens, if not hundreds, of sexual abuse lawsuits."
>> Situational Awareness: The NCAA filing is the latest chapter in a lawsuit filed by three former Olympic taekwondo hopefuls who allege they were sexually abused by coach Marc Gitelman over a seven-year period and that the abuse was enabled by the USOPC and USA Taekwondo, the sport’s national governing body.
>> What's Next: “If this Court were to find” that the USOPC can be held liable in such cases, NCAA attorneys write in the brief, “the NCAA and organizations like it would face the prospect of massive potential liability for conduct they can neither monitor nor control.”
>> Point: “It’s appalling that the NCAA not only maintains it has no legal obligation to protect student-athletes, but now it’s insisting that other organizations like the U.S. Olympic and Paralympic Committee do not owe protection to athletes for sexual abuse and harassment either,” attorney Beth Fegan said of the NCAA filing with the State Supreme Court.
>> Counterpoint: “The NCAA cannot exert day-to-day control over and monitor the thousands of coaches and student-athletes employed by and enrolled at its nearly 1,100 member institutions across the country or to ensure compliance with its guidance.”
>> Continue Reading
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