In this overly litigious, sue-happy society, perhaps the only way to ever avoid being sued for anything is to move to a deserted island and live off coconuts and fish.
A local association may have no intentions beyond assigning games and helping its member officials get better at their jobs. But even do-gooder groups get sued. Attorney Alan Goldberger, author of Sports Officiating: A Legal Guide and a former football and basketball official who frequently represents sports officials in court, offered advice for avoiding legal entanglements (or surviving those that do crop up).
“In officials association management, we need to understand that we have rules just like we have playing rules,” Goldberger said. “The biggest problem we have in the court system in terms of defending associations is, ironically, associations somehow or other forget that they have a rulebook, too.”
Here are Goldberger’s tips for protecting an association and its leadership.
Know your governing documents.
Every association must have documents that set down the requirements by which members must abide, the methods under which the organization will operate and other pertinent information.
“If you’re an officer of an association, you can’t do the job right unless you know your governing documents,” Goldberger said. Officers of incorporated associations must also familiarize themselves with the articles of incorporation. “The articles of incorporation will trump any other document that you have,” Goldberger said.
Understand association policies.
Bylaws or a constitution must be reviewed periodically to ensure they are still pertinent. Those documents should include such information as how the association will handle turned back assignments, how association members are to handle weather situations, what assignment criteria will be followed and other key policies.
Know local and state law.
“We have more laws specifically regarding sports than at any time in the past,” Goldberger said. “So you need to know local or state law as well as association bylaws. You have to understand that incorporation is not translated into, ‘You’re never personally liable for anything.’ Because that is not necessarily true.”
States and municipalities may have immunity laws – statutes spelling out acts for which an individual or group may not be sued. “You need to know what the immunity laws are and what they can and cannot do for you,” Goldberger said.
Goldberger also urges leaders to understand applicable business judgment rules. Those laws require officers and directors to use reasonable judgment when a potential legal issue presents itself. Any time an association receives communication from an attorney that requires a response from the association, Goldberger urged the leaders to seek professional guidance.
Know and abide by governing body policies.
“You need to comply with whatever your local or national association governing body says you need to do,” Goldberger asserted. “Associations need to have a plan regarding how to handle disqualifications and ejections. There are lawsuits filed in this country in which a student-athlete is tossed out of the game and serves a mandatory suspension. Now mommy and daddy say, ‘Wait a minute. The scouts can’t see Junior play (so he may not) get his scholarship.” It is becoming more common for parents of suspended athletes to sue the ejecting official citing loss of potential future gain such as a scholarship or award.
“Most of the injunctions that local judges grant get tossed out by the appellate court, but usually after the student-athlete played in the game,” Goldberger said. “And the state association may say to the team, ‘Guess what? That tournament game you won? That’s a loss because you played a game with an ineligible student-athlete.’ But in the meantime, guess who gets dragged through the mud? The official who ejected the student-athlete.”
Screen game reports.
Goldberger said few associations have a procedure in place for screening game reports. The screener ensures that the reporting official provide only the facts of any incident and omits any personal opinion, hyperbole or exaggeration.
“You don’t want an awful report that could subject your association and its members to liability or at least an untoward situation,” Goldberger said. “We want the facts and we don’t want it embellished. We don’t want any value judgments.”
Similarly, Goldberger urged associations to have a policy for dealing with the media. “You can’t assume your officials know enough not to speak with the press, or speak to the press with excess,” he said. Officials who speak out of turn will only make matters worse and could set up themselves or the association to a suit.
Have a plan for dealing with assaults on officials. Goldberger said an attorney should accompany any official involved in reporting an assault to the authorities. That, he said, will avoid what is called the “barroom brawl syndrome.”
“An official goes down the police station and tells the police what happened,” Goldberger said. “A document is generated that says the referee became involved in a fight at a football game. Does that sound like an assault to you? What does a judge do with a barroom brawl? (He tells both parties), ‘Go home and behave, fellas.’” Having proper representation ensures the authorities will understand that the official was a victim rather than a participant in a confrontation.
Goldberger also said leaders should ensure that the bylaws outline the procedure for disciplining an official. They include notice of the charges and notice of the hearing at which the violation will be discussed. “In most cases you need to offer the opportunity to appeal,” Goldberger said.
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