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

Our goal is to keep you - the influencers in DIII athletics - apprised of what's happening around Division III - the games, polls, news, happenings, awards, calendar of events, and much more. We hope you enjoy d3Playbook and that you'll share this with your friends, colleagues and co-workers.

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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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Monday, June 1, 2020

America Ablaze

D3Playbook
JUNE 1, 2020 | written by STEVE ULRICH
your must-read briefing on what's driving the day in NCAA Division III

Our goal is to keep you - the influencers in DIII athletics - apprised of what's happening around Division III - the games, polls, news, happenings, awards, calendar of events, and much more. We hope you enjoy d3Playbook and that you'll share this with your friends, colleagues and co-workers.
 
>> Good Monday Morning Sun on Apple iOS 13.3 We ALL must do better.

>> Editor's Note: D3Playbook is moving to its summer schedule, publishing twice per week on Mondays and Thursday (since you're not in the office on Fridays, wink). We will also bring any breaking news when it happens.

>> Today's Word Count: 1,060 words ... about 4 1/2 minutes of your valuable time. 

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1.  America Ablaze



It's a difficult time to focus on Division III and athletics as we watch protests unfold around the country.

From Atlanta to Minneapolis to Washington, we watch news coverage and wonder where we went astray as a nation ... and what can be done to repair the damage.

We move ahead with today's newsletter, fresh in the knowledge that there are more important issues that need to be confronted - today, tomorrow and in the weeks and months to come.

 

2.  DIII Reduces Contest Minimums

Coronavirus: NCAA gives spring athletes year of eligibility - Los ...
by Rachel Stern, NCAA

"The minimum number of contests required for sports sponsorship and championship selection in Division III have been reduced by 33% in all sports for the 2020-21 academic year.

The Division III Administrative Committee approved the reductions during a videoconference Thursday in response to recommendations from the Division III Membership and Championships Committees. The minimum number of required participants will stay the same.

“We hope that a reduction in contest minimums will provide flexibility to our member schools as they work to reopen during what is a very uncertain and complex time. We understand this won’t fix everything for everyone, but we believe it is the right move at this time and we will remain flexible moving forward,” said Tori Murden McClure, chair of the committee and Spalding president.

The Administrative Committee concluded that reducing the minimum number of contests required for sports sponsorship and championship selection will help institutions remain in compliance, provide much-needed guidance as institutions map out what competition schedules will look like and will reduce the administrative burden associated with seeking relief in the form of waivers as institutions continue to grapple with the COVID-19 pandemic."

>> Why It Matters: A Division III Commissioners Association survey showed 85 percent of respondents supported a reduction, allowing members the flexibility to devise a competition schedule that works for all institutional academic calendars.

>> Go Deeper

 
3. College Without the Campus
 
by Brock Colyar, Charlotte Klein, Anna Silman, James D. Walsh, New York Magazine
 
"The mythical American curtain-raiser to adulthood, the four (or so) years of finding-yourself freedom and higher learning, is having a reckoning. May 1, the date when most colleges ask that the students to whom they’ve offered admission declare their intentions for the fall, has come and gone with many students (and their parents) unsure of what they should do. Facing the prospect of mass deferrals, many schools are granting families extra mull time because nobody, not the schools, not the families, not public-health experts or politicians, knows whether it will be safe or wise (or legal) to be on campus in September.

The financial wreckage from that uncertainty could be massive. Meanwhile, the number of students pursuing a college degree could be the smallest in two decades. One out of 10 high-school seniors report that they no longer plan to attend a four-year institution. A quarter of current college students say they wouldn’t return or it is “too soon to tell,” and 12 percent of high-school seniors are thinking they’ll take a gap year, as opposed to the normal 3 percent.

Even before the pandemic, college seemed on an unsustainable path — tuition was rising, as was student debt. The richest schools have become unimaginably richer, hoarding their endowments while educating a tiny, lucky elite, while the student masses, seeking the credentialing necessary to step behind the picket fence of a middle-class life, commute to nonresidential schools, often while working full time. Those are also the kids most likely to drop out under financial strain — and everybody is under financial strain right now — the thin membrane of space in their budgets that allows them to study suddenly gone."

>> Why It Matters: “Our track season was taken away from us a week before our first meet. We didn’t even get the chance to step on the track. I text with my coach every other day, and I’ll take videos of myself running and she’ll tell me what I can do better. But you definitely don’t get that detailed coaching. If this fall semester is done virtually, I will take a leave of absence from school.” Ana Lamoso, junior, Babson College

>> Reality Check: "Financially, colleges need to be open. Their operating budgets depend on tuition revenue, and schools need students on campus to be spending money in the bookstore or the dining hall or on sporting events. It’s important for students to take a step back and find things to fill their time that are going to engage their core interests and make them happy — maybe what they didn’t have time for during the school year. Some of the tougher conversations are with the athletes because they may or may not be able to play their sport." - Dr. Kat Cohen, founder of elite admissions counseling service IvyWise.

>> What They're Saying: “After the Second World War through the baby boom, there were just not enough seats in the primary schools. So there were what were called ‘double sessions’: Half the school would come in the morning; half the school would come in the afternoon. I think that could be where we’re heading in higher education, unless there is some miracle vaccine. So any given college, they would say to half of their students, ‘You’ll be here for six weeks, then you will go out and the other half will come. And during the six weeks when you’re home, you will go to school remotely.’ ” —Robert Zemskyprofessor of education, University of Pennsylvania Graduate School of Education

>> A Look Into Our Future?

 
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4.  Comings and Goings
 
 
5.  1 Thing 


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