Lawsuits are more and more prevalent these days. If an official in your association has been wronged by your group or perceives he or she has been wronged, your association may wind up in court defending your actions. Or if a player or team sues a member of your association, your association may be next in the courtroom. Officials associations must be prepared for the possibility of lawsuits and take actions to avoid facing them.
In order to steer clear of liability and lawsuits, associations must first and foremost have bylaws or constitutions and then must follow them. Common sense also goes a long way in preventing things from escalating.
Step 1
Follow your bylaws and make them known to your members. Officers of associations need to follow the bylaws at all times, especially when dealing in matters involving discipline or expulsion of members. Any association officer who fails to follow the bylaws increases his or her association’s exposure to liability.
Step 2
Don’t suspend a member automatically. A member who you think may have violated bylaws must be given notice of the violation and a chance to defend the charge. Some state laws have specific requirements for suspension or expulsion of association members. Make sure appropriate guidelines are observed.
Step 3
To decrease exposure to liability, don’t hire members! Communicate to leagues, conferences and schools that officials will be supplied for game fees. Members must know that the association is not liable should anyone be injured.
Step 4
Review your insurance policies. Associations conduct meetings and clinics, assign games, supervise officials, establish rating systems, engage personnel and hold tournaments. Any one of those activities can lead to a lawsuit. Only your insurance expert can tell you if your coverage matches what your association does.
Step 5
Run your association like a business. Associations recruit; they have officers, commissioners and assigners; they discipline officials, establish ratings, set policies and regulations. As in any business, each of those activities carries legal responsibilities that cannot be overlooked. As a result, you should run your association with as much care and discipline as a business.
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