Understanding Coaching Legal Duties
It is crucial that coaches are familiar with their particular legal responsibilities for a number of reasons.
First and foremost, as with all who work with children, coaches owe a duty of protection to those in their care.
Secondly, understanding these duties should assist coaches in avoiding situations which may require legal intervention, such as a legal suit by a parent, or formal disciplinary action by an NSO or other governing body.
Thirdly, in the event a coach does find themselves in a situation requiring legal advice, the coach will often need to "unpack" the legal duties associated with the recommendations made by any legal advisors. Coaches will quickly learn that the legal duties they owe to those in their care are exhaustive, time consuming, and often quite complicated .
This article will explain the 14 legal duties that a coach must adhere to and provide further guidance about the impact of these duties on any rights of remuneration that the coach may have for their services.
The mismanagement of an athlete can therefore lead to disputes that require mediation through a NSO, or litigation in a Court of law, where a coach’s income can be jeopardised. This understanding will, it is hoped, lead to the formation of better relationships between coaches and their athletes.
By maintaining a clear understanding of the legal duties owed to their charges, coaches can ensure that they are able to educate the athletes in their charge about the requirements for optimal performance both on and off the field of play!
This article will clarify where each of these duties arises from, as well as the general impact of these duties on the legal liability of a coach.
Duty of Reasonable Care
Managing the Duty of Care is a vital aspect of the job for any coach. This duty means that a coach must take reasonable steps to safeguard the safety and well-being of its athletes when they are participating in training and competition. This duty is more complex, however, than simply taking steps to prevent harm to athletes; it also means ensuring that an athlete’s health condition is taken into consideration when developing training programs. Coaches must also make certain that an athlete does not use illegal or banned substances. Failure to do so could expose the coach to liability under the law of vicarious liability, through which an employer can be liable for actions of employees who cause harm to a third party within the course of their employment. An example of this type of liability would be if a coach encourages the use of anabolic steroids and a resulting health problem caused by their use leaves an athlete unable to compete. The athlete may then decide to sue the coach for the harm suffered. The requirement for a coach to take reasonable care for an athlete also means being aware of the extent to which a coach has a duty of care towards competitive opponents. The recently decided case of Tye v West Australian Rugby League (No 2) [2014] WADC 267 involved a challenge to the decision to reduce the damages awarded to a football player whose leg was broken in an on-field incident where the opposition player was found to have been negligent. On appeal, it was found that the injury was not within the respondent player’s control and hence that the respondent’s negligent conduct was therefore not the cause of the injury. The appeal against the reduced damages was therefore allowed. The judges in this case found that a mere ‘generalised’ duty of care to all players could not found a claim for negligence, and that a legal duty only arose when it was foreseeable that a player may create a risk of harm to members of the opposing team at a match. On this basis, it is necessary for a coach to take proactive steps to ensure that its athletes are safe around all players on opposition teams rather than simply relying on a duty of care owed to its own players.
Duty to Ensure Proper Instruction
We have all seen coaches shuffling their feet while demonstrating the proper stance, the new shooting motion, or the new throwing grip. The coach claps his hands together to signify that it is time for the team to gather and watch as he demonstrates the proper technique. The most accomplished coaches are able to bring their desired methodology to the players by clearly and succinctly relaying the technique verbally while showing an appropriate example. A coach has the responsibility to give appropriate mental and physical instruction to ensure that athletes have the foundation required to work toward success. Coaches must ensure that their athletes understand how to perform the task and have the appropriate mechanics to do so safely. If a coach’s method or example poses a risk of injury, it is the coach’s responsibility to demonstrate a different technique, method, or example that does not. This includes adjustments after a potential injury. If the player continues to perform an activity in the same way, risking further injury, the coach needs to step in, recognize the problem, and correct it in order to avoid additional injury. In addition to ensuring that athletes perform skills and techniques safely, coaches have the responsibility to teach to the athlete’s level of understanding. A good coach will appreciate the difference between a concept or technique that is too technical or too advanced for her players and adjust accordingly. Take, for example, a sprint coach with a 12-year-old distance runner who has never run more than 200 yards in her life asks to try out for the 4×100 meter relay. A coach with little experience teaching 100-meter sprinting may demonstrate the start of the race and tell the runner to keep sprinting until she gets handed a baton. That athlete has no idea about the importance of arm action, leg extension, acceleration, or top-end sprinting. However, a knowledgeable coach will recognize that the relay leg is the most important leg for the success of the race and will demonstrate, and then have the athlete practice, the start of the leg. A good coach will ensure that the athlete knows to stretch her back leg low toward the ground during the drive phase and that she gradually extends it to full length as she approaches her top speed. Additionally, a coach should have the athlete practice staging her acceleration zone so that she can properly execute the hand-off with a lot of speed and be able to maximize speed before the exchange so that her teammate receives the baton with the fewest number of steps possible to get to top speed.
Duty to Properly Supervise Participants
In addition to the duty to maintain a safe playing environment, a coach has a duty to supervise and to protect the participants in his or her charge. More specifically, a coach must monitor and oversee the athletes under his or her supervision. It is not a passive obligation, but rather an affirmative duty to assure, through active monitoring of athletes engaged in team and individual practice and competition (and, in some instances, conditioning and training), that the participants are acting in a safe manner, and that they are not exposed to unreasonably increased risk of danger or harm. The degree of intensity of the supervision required may vary, depending upon the nature of the activity in which the athlete is engaged. In general, the greater the inherent risks or dangers associated with an activity, the greater the level of supervision required to protect participants. Training or conditioning activities that involve the use of equipment or that are otherwise of a nature that may lead to injury result in a heightened duty to supervisors and coaches to assure participant safety.
Duty to Disclose Inherent Risks
A coach also has an obligation to warn athletes about inherent risks. Inherent risks are those risks that are unavoidable in the nature of the sport. For example, players in contact sports must expect injury. Coaches also have a duty to warn athletes when they increase the risk of injury by modifying their equipment, such as altering their mouth guards so that they are not wearing the full guard. The coach may also have a duty to warn the athlete if he or she does not possess the requisite skill level to participate in a given activity. Athletes are required to use reasonable diligence to ensure their own safety when participating in sports, but coaches, teams, and schools are required to ensure that athletes are aware of all risks involved and to supervise them to ensure that they do not recklessly disregard their own safety.
When teams and schools often fall short, or act outside of the scope of their duty to warn in a number of ways. For example, it is often standard practice for schools to hold athletes liable for the costs of protective gear that exceeds what is required by the state curriculum. However, if there are additional protective measures that could prevent injury and damage, such as neck rolls, facial guards, arm and leg protectors, and shin guards, the school may have a duty to provide these additional forms of protection. Not providing this equipment may constitute a failure to warn the athlete of the inherent risks. Even when the risk is truly unavoidable, such as in collision sports, the coach or school may have a duty to warn athletes about the extent of the risk. This risk is exacerbated when athletes are of different sizes, because extra precautions should be taken to ensure that the athletes are not placed in harm’s way by being matched up with much larger competitors.
Duty to Provide Safe Equipment and Facilities
Asserting that a facility was inherently dangerous or questioned the safety of a piece of equipment is insufficient to protect a coach from legal liability for injury and damages caused by its use. 85 NY Jur 2d Athletics, Sports § 277 (Dec 2022); Mitchell v Horn Elkhorn Area Alumnus Athletic Association, Inc., 70 AD3d 612, 613 [2d Dept 2010]). New York courts will assess whether a coach has exercised ordinary and reasonable care in overseeing the use of a facility or piece of equipment. A coach who has the responsibility to oversee practices and/or games has a duty to maintain safe conditions for their team members. Höhelsher v. Haller, 68 AD3d 978, 979 [2d Dept 2009]). Courts in New York have routinely held that material issues of fact exist in regards to whether coaches have fulfilled or have failed to fulfill their responsibilities in overseeing athletes’ use of equipment and facilities wherein injuries have occurred.
Duty to Render Emergency Care
In the event of a catastrophic injury (unconsciousness or inability to move any body part), coaches have a duty to arrange for emergency care. Depending on the seriousness of the injury, the coach should summon medical assistance (i.e., ambulance) or determine whether the athlete can be transported by private vehicle to the hospital. Any delay in treatment may contribute to the severity of injury. Coaches should not attempt to play doctor if they are not trained and licensed to do so. Not only is there a risk of adverse consequences to the athlete, but the coach may face liability for unauthorized practice of medicine, nursing or physical therapy.
Duty to Protect Confidentiality
The duty to maintain confidentiality requires that a coach will not disclose what he or she learns about the personal circumstances or business activities of an athlete in the course of the coaching relationship, unless authorized by the athlete or required to do so by law. Breach of this duty, especially when done knowingly, may create liability, or at the very least significant embarrassment.
In some cases, a coach fulfills a duty to maintain confidentiality simply because the athlete expects it of the coach. In other cases, a contract may exist which allows a coach to hold an athlete’s information in confidence provided certain parameters are adhered to (e.g., that confidentiality will be kept forever or can be released after a certain period of time or under certain conditions, that the information will not be used for any purpose except as stated in the contract).
Confidential or proprietary information that coaches will be exposed to may include:
■Information about a client or athlete’s business dealings
■Personal problems, including those relating to marriage, finances, racial discrimination or even an affair
■Information covered by the physician/patient privilege
■Trade secrets
Confidential information can exist in many forms, such as:
■Information communicated in verbal form, such as e-mails or phone calls from clients to coaches
■Stored information, such as e-mails, texts, faxes, and stored hard copy documents
■Information in websites, flexible plans, or marketing information
The duty to maintain confidentiality is more extensive than most first assume, not only protecting information in the coaching context, but also at the coach’s places of employment, or at off-site events such as tournaments and coaching clinics. Coaches should not discuss their athletes in an inappropriate manner with any person, motivational group, or at any coaching clinic, whether in person, by telephone, e-mail, or through the mail. This includes not only speaking directly about the athlete’s problems or performance, but also reference to them in passing, or in jest. A breach of this duty, even if inadvertent and not intended to harm the athlete, could result in liability or significant embarrassment.
Coaches engaging in sports gambling or participating in offending sites where the results of games (particularly youth sports) are manipulated will likely expose themselves to significant legal risk.
Duty to Foster Inclusion and Anti-Discrimination
A coach is in a position of authority and influence over their players. These players expect that their interaction with the coach will be one where they are treated with equity and equality, regardless of their race, religion, gender, nationality, political views, social affiliation or other grounds. A breach of this duty can have a profound impact on the athlete and lead to a feeling of exclusion from sport and the team, perhaps permanently. Promoting inclusion of all groups, and preventing discrimination, are paramount duties of a coach. In addition to the law, ethical approaches to coaching also enforce this duty . In practical terms, what does this mean? It means demonstrating an awareness of the differences between members of a group, and working to reduce those differences in order to promote equality. It means being aware of coaches own biases or prejudices and being cautious of them interfering with your duty as a coach. Of course, it means actually treating people equally and with respect whilst undertaking duties as a coach. This may include being careful when talking to others about athletes to ensure that any remarks or comments are appropriate for the context.
Duty to Execute Background Checks
Due to the sensitive and vulnerable nature of the athlete-coach relationship, it is imperative that programs ensure the safety and wellbeing of all their athletes and prospective coaches or volunteers. Specifically, to minimize the risk of abuse and protect athletes from future harm, programs have a duty to conduct adequate background checks on those individuals who work directly with athletes as coaches or volunteers in the program. A thorough background check should include, at a minimum, the Federal Bureau of Investigations fingerprint check and education verification, sex offender registry searches, and nationwide reference checks.
Duty to Abide by Applicable Laws and Regulations
The legal obligations of a coach not only extend to best practice and any employment agreements but also the rules and regulations that govern the sport or event in question. Additionally, there will be the usual standards of behaviour that ought to be followed, with the fact that a coach is an example for players to follow, meaning that the coach should operate within the law at all times. The rules specific to the sport may include doping and eligibility rules; for example, age restrictions, qualification rules and selection criteria.
Inexperience of these areas is no excuse. An understanding of what codes are in place and how the sport is governed will stay a coach in good stead. A coach’s role in the recruitment of other staff members, such as physiotherapists, and recommendations to other governing bodies are also areas where they should know more about what rules and regulations are in play.
Duty to Report Misconduct
Pursuant to N.C. Gen. Stat. §7B-301, teachers, school officials, coaches, health care providers and many other professionals with direct contact with children have an affirmative duty to report child abuse or neglect. N.C. Gen. Stat. § 7B-301. The statute is often summarized as a "mandated reporter requirement" and it means that all coaches have a legal duty to report any knowledge or suspicion of abuse or neglect of a child, including sexual abuse, to law enforcement and/or social services. Failure to report child abuse where that failure is willful (meaning the person knew the report was required) or negligent (meaning the person did not know the report was required, but, in part, because of his/her position, should have known the report was required, i.e. a reasonable person in such position would have known of the reporting duty) is a Class 1 misdemeanor.
The statutory requirement that coaches be mandated child abuse reporters is statutory recognition of the fact that coaching is a position of trust and authority, as one coach observed on this blog when he pointed out that "youthsports are a call to leadership." With trust comes responsibility. Coaches, as youth leaders, have both the authority and responsibility to protect children from abuse and exploitation.
Coaches who do not timely report suspected or known abuse can also directly harm children, by failing to protect them from further abuses. In phenomenally sad cases, like the Penn State child sexual abuse scandal, coaches are alleged to have turned a blind eye to the well-known and publicly documented sexual abuse of minors. In those cases, failure to timely report the sexual misconduct was not just a negligent omission by the coaches, it was an active cover up, and is subject to criminal prosecution.
Relative to the apparently "silent" coaches who simply neglect to report the abuse out of fear for their job or concern about the potential backlash/conflict within their school program or club, the law does not require coaches to investigate or "know the truth" prior to making a report. N.C. Gen. Stat. §7B-310 refers to the requisite knowledge as "reasonable belief" and states (in relevant part) "A report shall contain, if known: . . . .(2) The age, sex, race, and address of any child shown in the photograph, and the name and address of the photographer." N.C. Gen. Stat. § 7B-310. The child’s name is NOT to be included in the report. Id.
What is noteworthy, is the inclusion of the photographer’s name, not the name of the person whom made the report. There is no legal requirement for the mandated reporter to gather information on the person about whom the report is made, much less to "confirm" the suspected abuse. The reasonable belief standard simply does not require the same level of knowledge as the civil standard for pre-suit investigations, i.e. "reasonable inquiry", which I discussed here.
Taking the definitions above into consideration, we can conclude that a mandated reporter is NOT required to investigate their reasonable suspicion of abuse, confirm that abuse occurred, or prove that the abuser is guilty, prior to making a report to law enforcement and/or social services. Further, any concern that a report may be a "false claim" or "sour grape parents" seeking anger based revenge on a coach, would also not serve as a legal excuse for failure to timely report. Failure to report suspected or known child abuse is an inherent risk of coaching-if you want to avoid this risk, coaching is not the right vocation for you.
Duty to Foster It Equity and Fair Play
A responsible coach should not only assume this duty, but actively work to promote respect and fairness among fellow game or training participants. Regardless of the level of participation, the coach must prevent a level of intensity that would encourage or promote misconduct amongst the players. Coaches should promote sportsmanship among athletes and confer with fellow coaches when appropriate. A coach has the ability and responsibility to teach and promote respect among the players for fellow coaches, spectators and the opponents. This includes setting the standard for teammate respect in competition, practice and social settings and managing inappropriate behavior on behalf of the athletes.
Duty to Facilitate Mental Health Support
On top of ensuring the physical and technical development of athletes, mental well-being is now closely linked to performance. Evidence continues to mount that optimal mental health is essential for elite athletes, as well as being an indicator of their general health. In addition, there are a number of studies which show the prevalence of poor mental health among elite athletes. Some examples are:
The psychological effects of COVID-19 on elite athletes has received significant attention in the last few months. For example, a recent study, focussing on 207 German elite athletes in isolation at home, found that 32% of the athletes included in the study experienced severe depressive symptoms and 28% experienced severe anxiety. As awareness of the importance of mental health has increased, so has the prioritisation of providing mental health support at every level of sport. Examples of this include: Whilst sports organisations and governing bodies in the UK have made great progress in prioritising and supporting the mental health of athletes, it is clear that there is still a long way to go. For example, coaches are regularly reminded of the importance of supporting and, if appropriate, referring athletes who are experiencing mental health issues, however, there is often little guidance, particularly in an elite, high performance context, on how this should be done. Coaches should always refer athletes to an appropriately qualified medical or mental health professional if they suspect that someone is in crisis, e.g. suicidal or at risk of self-harm, and can assist athletes to access these services. Coaches should also seek to develop and empower mental health champions within their teams or squads to support other athletes and check that appropriate facilities, policies, procedures and personnel are available at all venues. If the coach has concerns about an athlete, the coach should use their judgement as to whether these should be raised with either their director of performance, welfare officer or a medical professional. The latter will exercise their professional judgment in liaising with the athlete and their parents or guardians and decide whether a formal referral to a psychologist is necessary.
Duty to Meet All Legal and Safety Obligations
While the legal duties of coaches vary significantly from state to state, the common thread is that coaches owe some form of duty to their athletes. From the duty to obey the laws of the state to the duty to ensure that one’s athletes are safe while participating in sports, the law requires coaches to familiarize themselves with various legal issues that could have a significant impact on their careers, athletes, and/or organizations.
Among the duties we have covered here are the duty to report abuse, a duty that requires mandatory reporting of certain kinds of suspected abuse. Adhering to the duty of reporting suspected abuse minimizes the risk of harm to vulnerable minors. Coaches also have a duty to prevent harm to those vulnerable minors while they participate in sports. Failure to take reasonable steps to prevent harm could lead to civil liability for negligent supervision or other torts if something goes wrong.
State laws impose numerous other legal duties that coaches need to be aware of and fulfill as part of their obligations to their athletes. From obtaining informed consent to securing the use of minors’ photos , coaches face a wide variety of legal requirements. We have, of course, only scratched the surface here.
While coaches are typically not lawyers, it is prudent for coaches to familiarize themselves with their own state’s laws and seek legal counsel when they have questions about their legal obligations. Ultimately, having at least a basic understanding of one’s legal obligations helps coaches protect themselves, and more importantly, the athletes they work with. The law serves an important role in keeping athletes safe.