Tennessee State University
Department of Human Performance and Sport Science
HPSS 4150 – Elements of School and Sport Law
Fall
Fall 2017
Instructor: Dr. Harriet Hamilton Office Location: Gentry Gym, RM 331
Email: Class/Days/Times’/MW/ 11:10-12:35
Website: hahamilton.vpweb.com Phone: 615-963-5607
Office Hours: Posted on the door and by appointment
COURSE DESCRIPTION:
Development of administration considerations and methods from the legal perspective influenced by statues, and contemporary litigations.
REQUIRED TEXT:
Sharp, L.A., Moorman, & Claussen, C.L. (2007). Sport Law: A managerial approach. Scottsdale, A.Z: Holcomb Hathaway, Publishers.
COURSE PROFICIENCES (Knowledge, Skills, Disposition)Upon completion of this course, students will be able to:
Knowledge
1. Understand the nature of the American legal system.
2. Critically discuss the legal issues involved in the supervision, management, and business operations of sport in a school and non-school setting.
3. Recognize the potential for liability for injuries in the supervision, management, and conduct of sport and of strategies for limiting liability
4. Describe the rights and responsibilities of management, employees, participants, and clients with respect to negligence law and the potential for management liability.
5. Discuss the basic components of preventive law planning and be able to apply them in a sport setting.
6. Understand legal issues relevant to sport in the areas of contract, intentional tort, intellectual property, and criminal law.
Skills
1. Demonstrate comprehension of the general principles of law as they relate to sport setting.
2. Analyze legal cases pertaining to relevant issues in school and sport law.
3. Communicate legal concepts and their applications.
4. Access and orally present critical issues related to school and sport law.
Dispositions
1. Acquire an awareness of work and organization issues/problems that can lead to legal problems.
2. Develop confidence in making decisions that are legally sound.
INSTRUCTIONAL STRATEGIESThe following instructional strategies have been used for this course:
Lecture Case Studies
Discussion Individual Presentation
Exhibits/Displays Group Discussions & Presentation
Technology (instructor & student) Report/Paper
Debates
EXPECTATION AND GENERAL INFORMATION1. Academic Integrity – You are responsible for what you achieve in this class therefore neither cheating nor plagiarism will be tolerated. Any material taken from other sources must be documented. In no case should one represent another’s work as one’s own. This includes information received from others during examinations or submitting another’s assignments, papers, etc. as one’s own. To avoid questions of plagiarism, students involved in collaborative research should exercise caution. If in doubt, student should check with their professor. In addition to other possible disciplinary sanctions which may be imposed through the regular institutional procedures as a result of academic misconduct, the instructor has the authority to assign an “F” or a zero for the exercise or examination, or to assign an “F” in the course.
2. Classroom Conduct – The instructor has the primary responsibility for control over classroom behavior and maintenance of academic integrity. The classroom instructor can order the temporary or permanent removal from the class, any student engaged in disruptive conduct or conduct in violation of the general rules and regulations of the institution. The use of cell phones and text messaging are not allowed in the classroom.
3. Attendance and Tardiness – Students much come to each class on time and participate in class activities, discussions, and projects. All absences over three (3) will result in one letter grade deducted from the final grade for each absence. Tardiness up to three (3) times will constitute one (1) absence.
4. Official Course Enrollment – Students who are not official in the class may not remain in class. These students must leave and may not return class until they have enrolled in the course and their names show up on the official class roster. Please make sure that you are in the correct sector.
5. Disabled Student Services – Any student who has a condition which might interfere with his/her performance in class may contact the office of Disabled Student Services. This office is located in room #117 Floyd Paine Student Center. The phone number is 963-7400. They will provide you with a document stating what type of classroom accommodations, if any, are to be made by the instructor. The student is to give a copy of this document to the instructor no later than the end of the second week of class. Failure to do so will result in the instructor making no accommodations of any kind.
6. Changes to Course Syllabus – The instructor reserve the right to make modifications to this syllabus. Any modifications to the syllabus must be clearly communicated to students.
7. DISABILITY ACCOMMODATION STATEMENT
·TSU is committed to creating inclusive learning environments and providing all students with opportunities to learn and excel in their course of study. Any student with a disability or condition which might interfere with his/her class performance or attendance may arrange for reasonable accommodations by visiting the Office of Disability Services (ODS). ODS is located in Kean Hall, room 131 and can be reached at 963-7400 orwww.tnstate.edu/disabilityservices. You will be required to speak with ODS staff and provide documentation of the need for an accommodation. If you qualify for an accommodation you will be provided with a document stating what type of classroom accommodations are to be made by the instructor. It is your responsibility to give a copy of this document to the instructoras soon as you receive it. Accommodations will only be providedAFTERthe instructor receives the accommodation instructions from ODS; accommodations are not retroactive. You must follow this process for each semester that you require accommodations.
8. SEXUAL MISCONDUCT, DOMESTIC/DATING VIOLENCE, STALKING
TSU recognizes the importance of providing an environment free of all forms of discrimination and sexual harassment, including sexual assault, domestic violence, dating violence, and stalking. If you (or someone you know) has experienced or is experiencing any of these incidents, there are resources to assist you in the areas of accessing health and counseling services, providing academic and housing accommodations, and making referrals for assistance with legal protective orders and more.
Please be aware that most TSU employees, including faculty and instructors, are “responsible employees”, meaning that they are required to report incidents of sexual violence, domestic/dating violence or stalking. This means that if you tell me about a situation involving sexual harassment, sexual assault, dating violence, domestic violence, or stalking, I must report the information to the Title IX Coordinator.Although I have to report thesituation, you will still have options about how your situation will be handled, includingwhether or not you wish to pursue a formal complaint. Our goal is to make sure you areaware of the range of options available to you and have access to the resources youneed.
You are encouraged to contact TSU’s Title IX Coordinator to report any incidents of sexual harassment, sexual violence, domestic/dating violence or stalking. The Title IX coordinator is located in the Office of Equity and Inclusion, McWherter Administration Building, Ste. 260 and can be reached at 963-7494 or 963-7438. For more information about Title IX and TSU’s SART or policies and procedures regarding sexual, domestic/dating violence and stalking please visit:www.tnstate.edu/equity.
If you wish to speak to someone confidentially, who is not required to report, you can contact the TSU Counseling Center, located in the basement of Wilson Hall, at 963-5611 or TSU Student Health Services, located in the Floyd Payne Campus Center room 304, at 963-5084. You may also contact the following off campus resources: Sexual Assault Center of Nashville at 1-800-879-1999 orwww.sacenter.orgor the Tennessee Coalition to End Domestic & Sexual Violence at 615-386-9406 orwww.tncoalition.org.
9. HARASSMENT & DISCRIMINATION
Tennessee State University is firmly committed to compliance with all federal, state and local laws that prohibit harassment and discrimination based on race, color, national origin, gender, age, disability, religion, retaliation, veteran status and other protected categories. TSU will not subject any student to discrimination or harassment and no student shall be excluded from participation in nor denied the benefits of any educational program based on their protected class. If a student believes they have been discriminated against or harassed because of a protected class, they are encouraged to contact the Office of Equity and Inclusion at McWherter Administration Building, Ste. 260, 615-963-7494 or 963-7438,www.tnstate.edu/equity.
Exam Policy: Exams will be given on the assigned dates. Only those students with prior approval from the instructor or the university will be excused and permitted to retest before the next class. Students with ‘no show’ will receive a zero (0) for that exam.
Late Assignments – Late assignments will result in ten (10) percent deducted for each day the assignment is late. The assignment will not be accepted after 1 days class session that the assignment is late.
FIELD EXPERIENCEField experience is not required in the class.
EVALUATION PROCEDURE GRADING SCALE
Assignments 33% 100-90 A
*articles, presentations and law terms)
Tests 33% 89-80 B
Mid-term/Final Exam 33% 79-70 C
69-60 D
59-0 F
ADDITIONAL RESOURCES (Websites, books and articles) AND SEMESTER STUDY GUIDE WILL BE GIVEN SEPARATELY.STUDY Course Schedule:
Week 1: Introduction to Sport Management & Legal Concepts
Chapters 1 & 2
Weeks 2 thru 6 Part II: Human Resource Management
Chapter 3 – U.S Court System
Chapter 5—Employer Liability for Actions of Employees
Chapter 6 – Hiring, Promotion, termination, Compensation, and Leave
Chapter 7 – Harassment and Employee Expression Issue
Weeks 7 thru 11 Part IV: Operations Management
Chapter 15—Participant Liability Issues
Chapter 16—Premises Liability and Sport Facility and Event Issues
Chapter 17—Use of Waivers and Exculpatory Clauses
Weeks 12 thru 15: Part V: Marketing Management
Chapter 11 – Anti-trust and Professional Sports
Chapter 19— Intellectual Property
Chapter 20—Promotions and Operations in Marketing