Transcript OHSAA Administrators’ Update Fall Seminar 2010

OHSAA Administrators’ Update
Fall Seminar 2010
Presented by the Ohio High School
Athletic Association
Presenters
• Dr. Daniel B. Ross, Commissioner
• Mr. Steven L. Craig, Legal Counsel for the OHSAA
• Dr. Deborah B. Moore, Associate Commissioner
Eligibility Update
• The OHSAA goal is service to the members
• Service in the form of assistance in interpreting the
bylaws
• Major areas of inquiry
– Scholarship Standards
– Transfer of High School students
Review of Scholarship Standards
• New 7-8th grade standards – 4-4-4 & 4-4-5
– At the end of the first grading period of 2010-11 – must
pass a minimum of five subjects that receive a grade or
a P/F
– All subjects taken in a grading period count
– Standard was adjusted to align more closely with high
school standard
– Permit students to be eligible in a 7-course curriculum if
failing two courses
High School Standard
• 4-4-1 – Must pass five one credit courses or the
equivalent each grading period
• Three exceptions
1. Senior in top 10% who has enough credits to graduate in
preceding semester
2. Withdrawn or removed for injury or illness
3. Received an “Incomplete” due to injury, illness, family
hardship or inclement weather
Ineligible until ruled eligible by the compliance staff –
Debbie Moore or Roxanne Price
Transfer Eligibility
• Major area of questions
• OHSAA has developed a “Transfer Bylaw Resource
Center” on the web site at
http://www.ohsaa.org/eligibility/TransferBylawGuida
nce.htm to assist schools
• All principals and athletic administrators received
email guidance on most of the major transfer issues
this summer
The Basic Rule – 4-7-2
• If a student transfers high schools after establishing
eligibility
– Plays in a contest prior to school in the fall of grade 9
– Attends any high school the first five days of grade 9
• The student will be ineligible for all sports at the
new school for one calendar year
• Transfer means to change schools at any time after
establishing eligibility as a 9th grader
Parents’ Bona Fide Move
Exception 1
• Exception one of Bylaw 4-7-2
• Parents move into a new school district
• Triggers choice of either the public high school in the
new district or any non-public high school
• Move must be contemporaneous – within the last
calendar year
• Note “Parents” – plural
• Note: Residence Bylaw 4-6-1 defines a Bona Fide
Change of Residence
Parents’ Bona Fide Move
• What should the school administrator do?
– Interview the parents
– Check custody documentation – Q #12 on the Affidavit
– Review the Affidavit of Bona Fide Residence with the
parents
– Sign the front page along with both parents
– Ask the parent to take the actual affidavit to a notary
– Review the document after it is notarized
– Send to OHSAA
– Be prepared to check on the residence periodically,
document the visits, and do so at “off hours”
Major Problems with the ABFR
No custody information supplied - #12
Move made prior to the last calendar year - #8, #13
No Driver’s license/ID with current address - #17,#18
No Voter Registration (note that this does not compel
the individual to actually vote)
• No school administrator signature
• Failure of school personnel to check up on the
residence
•
•
•
•
Legal Change of Custody
Exception 2
• Exception two of 4-7-2
• When a court-ordered change of custody results in
the student’s change of school district, this triggers:
– Choice of the public high school in the new custodian’s
school district
– Choice of any non-public school
• Requires an actual legal change of custody, not a
Power of Attorney or an affidavit for school
attendance
Legal Change of Custody
• What must the school administrator do:
– Obtain the court order and insure that it is a legal
change of custody signed by a judge or magistrate
– Draft a letter to either Deborah Moore or Roxanne Price
stipulating
• The person named in the custody document is a resident of
the new school district into which the student is moving
• The student will live full time with that resident for one full year
• Send a copy of the court order along with the letter
Legal Change of Custody
• Note: Redesignation of residential parent within a
Shared Parenting agreement is NOT a legal change
of custody
• Attorney Craig will provide additional guidance on
this concept in accordance with Ohio law
Bona Fide Move of a parent in Shared
parenting - Exception 3
• The only exception that mentions shared parenting
• Allows for eligibility when either one of the parents
in this agreement (both have legal custody) makes
a bona fide move to a new public school district
• Requires the ABFR
• Triggers the choice of public school in the district of
either parent or any non-public school
• The same criteria as in exception 1 apply
School Closes – Exception 4
• Single Public or any non-public school closes
– Immediate transfer eligibility at any member school
– No ruling required
• Multiple Public High School District – This exception
does not apply to a school closure
• Schools that discontinue high school after grade 9
– Immediate transfer eligibility and no ruling required
Transfer to Residential High
School – Exception 6
• Permits one transfer into the high school in the
parents’ district of residence
• Requires a form but no ruling
• If the student starts grade 9 in the residential district
of both parents or one parent in a shared parenting
agreement, there is no exception six option
Transfer to Non-Public
High School – Exception 7
Scenario #1 - Transfer back into the same nonpublic school
after using Exception 6
– Started grade 9 in a nonpublic school
– Used Exception 6 to transfer to the residential public school
– May return to the same nonpublic school provided he/she
continuously attended a school in the same system (Independent,
Catholic, Christian, etc) from grades 6-8 (demonstration of
commitment)
– Student must be ruled eligible by OHSAA
Ex. 7 Continued
Scenario #2 - Transfer into a nonpublic high school no
later than the beginning of the sophomore year
under the following conditions:
– Started grade 9 in the residential public high
school
– May transfer into a nonpublic high school within
the same system (independent, Catholic,
Christian, etc) in which the student continuously
attended from grades 6-8 (demonstration of
commitment)
– Student must be ruled eligible by OHSAA
Self Support – Exception 8
Exception 8 – Self Support
• Student does not live with parents or relatives
• Is financially self supporting and is not
supported by family members – Required
monthly earning is $350 – net funds.
• May be ruled eligible upon approval of OHSAA
every 30 days
• Principal or AD to submit form found here:
http://www.ohsaa.org/eligibility/forms/selfsupport.
pdf
Home not ready for Habitation
Exception 10
• School must submit purchase agreement or other
documentation for a ruling
Return from Domestic Exchange
Program – Exception 12 - New
• Program is academic/educational
• Student receives credit
• Athletic participation, if any, is secondary to the
program
• Structured beginning and ending
• Must be declared eligible upon return
• Use form at http://www.ohsaa.org/eligibility/ByLaw47-2_Exc12.pdf
Intra district and System
Transfers – Multiple High Schools
• 4-7-4 – Public schools with attendance zones –
during school year transfers
• 4-7-6 – Public schools – transfer at beginning of
year
– Redistricting
– Change in Academic Program
• 4-7-7 – Non-public schools – transfer at beginning
of year
– Change in Academic Program
– Financial or transportation Hardships
Resource Center
• Please see the Transfer Eligiblity Resource Center
on www.ohsaa.org home page or on the eligibility
home page at
• http://www.ohsaa.org/eligibility/TransferBylawGuida
nce.htm
Mr. Steven L. Craig, Esq.
Legal Counsel to the OHSAA
Canton, Ohio
[email protected]
LEGALLY SPEAKING…
• Transfer Bylaw – most
frequently asked questions in
the Commissioner’s office
• Tendency to look at exceptions
as the rule rather than the
exceptions to a rule
• Bottom Line – student who is
not an incoming 9th grader and
is transferring to your school RED FLAG
TRANSFER EXCEPTIONS
• Currently 12
• Most contain phrase – “…Ineligible until ruled
eligible by the Commissioner’s office”
• Submission of required documentation and ruling –
not merely a bureaucratic formality
• Important and necessary step in the eligibility
process
• Must pass the “SMELL TEST” – ex. ABFR
INTERPLAY OF EX. 2 AND 3
• Exception 2 – Change of Custody
• Exception 3 – Bona Fide Move of a parent in a shared
parenting agreement
• Typical Scenario
– Parent comes to enroll student
– Tells you he/she has custody and student lives with him/her
– Shows you court document
• Looks official; relates to divorce/dissolution, time stamp, judge’s
signature
CHANGE OF CUSTODY, CONT.
• Document may read: “Father shall have custody
of [student] who shall reside with father. Mother
shall have reasonable visitation but shall, at a
minimum, have rights as set forth…”.
• When the school and the OHSAA staff recognize
the change of custody – the student may be ruled
eligible via exception 2
THE RUB
• Before we can rule, more information is required
– Did the parents have a shared parenting plan?
– Many times the limited information provided is not enough
• Why is it important to know if the parents have shared
parenting vs. sole custody?
– Ex. 3 is the only exception addressing shared parenting and
requires one parent to make a bona fide move
– If shared parenting plan is still in effect, - notwithstanding a
reallocation of parenting rights - ex. 2 can never apply as there
is no change of custody
O.R.C. 3109.04 (L)(6)
• Stipulates that if the court order provides for shared
parenting, each parent, regardless of where the child
lives is the residential parent and legal custodian
• Therefore, as long as shared parenting remains in
effect, there can be no change of custody to trigger
exception 2
• The language of these exceptions is carefully crafted to
prohibit students moving back and forth from parent to
parent to gain athletic eligiblity
CONTRACTS/CONTRACTING
• When was the last time your district reviewed its
contracts?
• How about an inventory of who is authorized to and
does sign those contracts?
• What training has been provided?
– Legal issues
– Philosophy of the school
OFFICIALS CONTRACTS
• Myohsaa online contracts changed to add
language that is legally consistent
• League Commissioner and assignors
assume many of these duties
• Contemporaneous issues
– Fee setting by schools and officials
– Future dates for service – too many years out
– Consequence for failure to report
GAME CONTRACTS
• OHSAA is updating game contract forms
– Past form was short on specifics as to terms
• Pay attention to the “Liquidated Damage Clause”
of the form agreement
– Develop position regarding game cancellations in
accordance with circumstances
– Consider football developing trends
– Consider school funding and suspension of sports
programs
THIRD PARTY REVENUE
CONTRACTS
• Business Model – Changing from ticket revenue to
expanding sources such as sponsorships, radio/TV,
etc.
• Sponsorship Contracts - school personnel may
have no idea of “price points” and are relatively
inexperienced in this realm
– Identify your inventory
– Identify your philosophy/objectives
– Negotiate “price points” (short term recommended)
– Collections?
MEDIA CONTRACTS
• Starved for content – THEY WILL P AY YOU!
• Remember
– They have the expertise in this area
– Don’t let them “poor mouth” – they would not want to do
your contests unless there was a profit to be made
– Protect your copyright
– Establish payment terms – how much and when due
• Internet Streaming – newest method
– Once it is “out there,” it is out there forever
• Choose your partners wisely
LEAGUES
• Most schools belong to leagues
• Constitution and Bylaws are contracts and governed by
contract law
• League enter into contracts that affect revenue
• Everyone should be on the same page with these
contracts
• League schedules as posted become game contracts
• Are your contracts in order
• Dr. Ross is working with league commissioners to assist
with this document development and production
BUSINESS MODEL CHANGES
• Scenario:
– 20 basketball game schedule with half home games
– “Staffed” by parents/boosters who take tickets, sell
programs, usher, work scorers table, host
teams/officials, sell concessions
– Staff “paid” a nominal sum – ex. $10/game = $200
– Check would be issued at the end of a season
BUSINESS MODEL CHANGES
• 2008-2009 – Feds estimate a loss of 7-9 BILLION $ in
tax revenues due to “misclassified” workers – workers
classified as independent contractors rather than
employees
• As a result – Feds have allocated $25 Million extra to
IRS to “find” these misclassified workers
• IRS – has made it easier for employers to classify
workers by simplifying the analysis into three factors
– Behavioral Control
– Financial Control
– Type of Relationship
WHAT DOES THIS MEAN TO ME?
• Ohio Bureau of Workers Comp has already
determined that the following individuals are
“Reportable” for payroll purposes:
– Special event workers: ticket takers, security and
parking attendants; non-certified officials, other workers
including paid student help; off-duty law officers hired for
security
• Non-Reportable workers
– Licensed sports officials
TAXES, TAXES AND MORE TAXES
THINK ABOUT IT!
• 828 member high schools in OHSAA
• If none of these schools paid taxes on or for these
workers and the workers are determined to be
employees
– Back tax liability is a three year “look back”
– Penalties could be huge
– Incentive to collect is huge
• Please make these changes now!
GOOD BOARD POLICIES
• Best way to protect your school – institute good Board
policy now
• Does your school have Board policy that addresses
– Electronic communications between coaches, staff and
students?
– Hazing?
– Sexting?
– Face Book and other social networking sites?
– Blogging?
BOARD POLICIES, CONT.
• Concussion Policy
– Dr. Ross will discuss this important issue
– OHSAA in concert with legal experts and professional
organizations will develop a template policy for your Board in
relation to the RTP protocol for a student who may have
sustained a concussion
• We must reinforce the notion that interscholastic
athletics participation is a PRIVILEGE and not a RIGHT
– Do you and your staff treat this participation as a privilege
and do your written documents reflect the concept?
Dr. Daniel B. Ross, Ph.D.
Commissioner
[email protected]
District Completely Discontinues
Sports Programs – Exception 11
• Superintendent formally notifies the OHSAA in
writing
– Transfer may occur at anytime after the sports
programs are discontinued
– Transfer back to the high school must take place
prior to the start of the next school year following
the school year in which resumption of
sponsorship of interscholastic programs occurred
– Must be ruled eligible by OHSAA
What is a Concussion?
• A concussion is a mild
traumatic brain injury that
interferes with normal
function of the brain
• Evolving knowledge
– “dings” and “bell ringers”
are serious brain injuries
– Do not have to have loss of
consciousness
•
Only 4% in Football- 2009
• Young athletes are at
increased risk for serious
problems
What is a Concussion?
• A concussion is a mild
traumatic brain injury that
interferes with normal
function of the brain
• Evolving knowledge
– “dings” and “bell ringers”
are serious brain injuries
– Do not have to have loss of
consciousness
•
Only 4% in Football- 2009
• Young athletes are at
increased risk for serious
problems
Extent of the Problem
• Professional athletes get a great
deal of attention
– 1,600 NFL players
• Much more common in high
school than any other level- due
to large number of participants
– HS Sports Participants
• Football- 1.14 million
• Boys Soccer- 384,000
• Girls Soccer- 345,000
• Boys Hoops- 545,000
• Girls Hoops- 444,000
– NFHS 2008-09
Extent of the Problem
• 9% of all sports injuries
• 19.3% of all Football
injuries in 2009!!!
• Likely at least 140,000
concussions in HS
athletes yearly based on
High School RIO estimates
Not Just a Football Problem
Injury rate per 100,000
player exposures
•
•
•
•
•
•
•
•
•
Football
Girls’ Lacrosse
Girls’ soccer 35
Boys’ Lacrosse32
Wrestling
Girls basketball
Boys’ soccer 17
Softball
Boys basketball
52
39
22
20
15
7
– High School RIO 08-09
Concussions
• Dominant sports and health topic
• Medical community not driving the agenda
– Easy to understand problem/solution
• Huge media focus
–
–
–
–
–
New Yorker- Malcolm Gladwell
New York Times- Alan Schwarz
Sports Legacy Institute
60 Minutes
Parents of injured/deceased athletes
Becoming a Political Issue
• NFL, NCAA and NFHS have all
testified to Congress
• State laws in WA and OR in
2009
– Others have followed in 2010
– What’s happening in your
state?
– Keep your ear to the ground
• Potential national legislation
– Return to play guidelines
– Education policies
History of Sports
and Concussions
• The flying wedge, football's
major offense in 1905, spurred
the formation of the NCAA
• Large numbers of players
injured and killed
• President Roosevelt
summoned college athletic
leaders to the White House
– Reform game or have it
banned
Problems for Administrators: Just a
few mouse clicks away……
“At Burg, Simpson, Eldredge, Hersh, & Jardine, P.C., our brain injury
lawyers represent brain injury victims caused during high school
sports in Colorado, Wyoming and nationwide. We have the
resources and experience with complex brain injury lawsuits to fully
assess your injuries and take your case to a jury. If you or your
loved one has suffered a brain injury while playing high school
sports, please email or call us today.”
What has happened to make this such a big
deal?
• Increasing awareness and
incidence
– Number of high profile
athletes over the past 20
years
• Steve Young, Troy
Aikman, Eric Lindros,
etc
– Bigger and faster kids,
increased opportunities
What has happened to make this such a big
deal?
• High profile cases
– Second Impact Syndrome
• Death or devastating
brain damage when
having a second injury
when not healed from
the first
– Long-term effects
• Possible long-term
effects- dementia,
depression
NFL Making Changes
• NFL Commissioner before
Congressional Subcommittee in October
2009
• NFL’s response since that
time:
– Resignation of concussion
committee co-chairs
– Hiring of “independent”
neurologists to make
Return to Play (RTP)
decision
– No RTP same game in most
cases
NCAA Follows NFL Lead
• June 2010
– NCAA now making
changes in response to
what NFL & NFHS has
done
• No return to play same
day of concussion??
• Much disagreement
Concussion Management: Zurich Guidelines,
2008
• Consensus statement of
international concussion experts
– No same day return to play for
adolescents
– Graded Return to Activity
• NFHS SMAC strongly suggested no
same day RTP and initiated rule
change before Zurich statement
was published
– Previous rulebooks required
removal from contest if
“unconscious or apparently
unconscious.”
– RTP only if signed note from
MD/DO
2010-11 NFHS Rule Book Changes on
Concussion
• Any athlete who exhibits signs, symptoms, or behaviors
consistent with a concussion (such as loss of consciousness,
headache, dizziness, confusion, or balance problems) shall be
immediately removed from the contest and shall not return to
play until cleared by an appropriate health-care professional.
(Please see NFHS Suggested Guidelines for Management of
Concussion).
– Approved by NFHS Sports Medicine Advisory Committee – October 2009
– Approved by the NFHS Board of Directors – October 2009
2010-11 NFHS Rule Book
Changes on Concussion
Suggested Management:
• No athlete should return to play (RTP) or practice on the same
day of a concussion.
• Any athlete suspected of having a concussion should be
evaluated by an appropriate health-care professional that day.
• Any athlete with a concussion should be medically cleared by
an appropriate health-care professional prior to resuming
participation in any practice or competition.
• After medical clearance, RTP should follow a step-wise
protocol with provisions for delayed RTP based upon return of
any signs or symptoms.
Appropriate Health-Care Professional
Who should it be??
•
•
•
•
•
•
MD/DO
Athletic Trainer
Nurse Practitioner
Physician Assistant
Neuropsychologist?
???????
Ideally
• Should have knowledge and
extra training in sports-related
concussion management
Officials Responsibility
• Recognize the signs or symptoms of a possible concussion and
remove the athlete from play
– The responsibility of the official is limited to activities that occur on the
field, court, or mat
– Once the participant has been removed from a contest due to a
suspected concussion, the coach or appropriate health-care
professional(s) assumes full responsibility for that athlete’s further
evaluation and safety
– No signed document is needed nor is verification of the appropriate
health-care professionals’ credentials
Concussion Management The Basics
• Develop Coach
Education
– Awareness and Recognition
– When in doubt, sit ‘em
out!!
• RTP Policies
– No return to activity on the
same day of a concussion
– No return to activity if having
symptoms of a concussion
– Appropriate Health-Care
Professional Clearance
FREE
COURSE!
Concussion in Sports
What You Need to Know
Prevention
•
“Concussion prevention” has become
the “holy grail” for sports equipment
marketers
– Soccer head gear
– Girl’s Lacrosse head gear/helmets
– Pole vaulting helmet
•
New football helmets, soccer head
pads, mouth guards- NO PROVEN
PROTECTION FROM CONCUSSION!!
Concussion in the Classroom
Heads Up to Schools:
Know Your Concussion ABCs
– Material for teachers,
counselors, school nurses,
and parents
http://www.cdc.gov/concussion/HeadsUp/schools.html
REAP
Reduce, Educate,
Accommodate, Pace
Emphasizes team approach
to concussion management
in school setting
Developed in Colorado
http://cokidswithbraininjury.com/mild-tbi-concussion-info/
Ohio’s Modification
• Any athlete who exhibits signs, symptoms or
behaviors consistent with a concussion (such as
loss of consciousness, headache, dizziness,
confusion or balance problems) shall be
immediately removed from the contest and shall not
return to play until cleared with written
authorization by an appropriate health care
professional
Who is a health care
professional in Ohio?
• In Ohio, the definition of “appropriate health care
professional” shall be:
– A physician as authorized under ORC 4731
• Doctors of Medicine (M.D.’s) or
• Doctors of Osteopathy (D.O.’s)
– An Athletic Trainer, Licensed under ORC 4755
Conclusions
• Educate
– Everyone dealing with young
athletes must be aware of the
signs, symptoms, and ramifications
of concussions
– Coach education a must!!
• Communicate
– Everyone must know role
• Mandate or Legislate?
– Concussion management policies
must be in place at every level
– If you don’t do it, someone will do
it for you
Information from the Competitive
Balance Committee
• Charge to the Committee
• Items Under Consideration
• Recommendations to the Board slated for October
Have a Great School Year and Please
Do Not Hesitate to Contact Us