Environmental Education

GAMEON
Assaults continued from page 20
using tobacco products in
front of children at youth
sports events.
• 14 percent say they’ve
seen coaches, parents or
officials consuming alcohol
in front of players.
• 13 percent can recall a
situation in which a coach
knowingly told a child to
cheat.
(Complete survey results
can be found at nays.org.)
“Clearly, there are many
aspects of youth sports that
ISTOCKPHOTO.COM
MANAGEMENT
BY MICHAEL POPKE
DEFENSE ‘R’-SENAL
Sometimes, ignorance is not bliss — especially when it relates to
employee misconduct. So says Carla Varriale, a partner in the
New York-based firm Havkins Rosenfeld Ritzert & Varriale LLP,
which specializes in sports, recreation and entertainment law.
That’s why she suggests
facility operators remember
the “Three Rs.” No, not the
three academic-related Rs of
yore, but rather Record,
React and Review.
“The ‘Three Rs’ can be
pretty universally applied,”
Varriale says. “But in the
athletic facility context,
because you’re working with the public and the opportunity
is ripe for serious injury, I think you need to be even more
vigilant.” She adds that the three fundamental practices have
either prevented sports, fitness and recreation professionals
from going to court over employment and liability issues, or
gotten them off the hook in front of a judge or jury.
Here’s how they work:
• Record — Maintain written reports of any employee’s
We know that youth sports
have some weaknesses, and
hopefully, some of these
numbers will serve as a strong
reminder that programs
must always meet the
needs of every child
who participates.
22 ATHLETIC BUSINESS APRIL 2008 ATHLETICBUSINESS.COM
are healthy and positive
and giving children the
opportunity to develop in
so many key areas,” Engh
says. “We also know that
youth sports have some
weaknesses, and hopefully,
some of these numbers will
serve as a strong reminder
that programs must always
meet the needs of every
child who participates. If
we can keep that mind-set,
more children will reap the
benefits of participating.”
— M.P.
misconduct or questionable behavior, and make sure the staff
members involved sign off on all performance evaluations
and disciplinary actions. Varriale recommends keeping such
documents on file for seven years.
• React — Follow up the first “R” by taking appropriate
action against a staff member. This can include reassignment
to a different department or section of the facility, the
scheduling of training sessions, a demotion or even
employment termination.
• Review — Consider the effects of the second “R.” If
you’ve addressed a performance issue, set a timetable for
future performance evaluations. Consider, too, what other
action (if any) is required. For example, is additional training
needed? What else must be taken into account to ensure that
the situation has been properly handled and rectified?
Documentation of alleged improper instruction, injurious
behavior or inappropriate actions of employees and independent
contractors (such as personal trainers) shows due diligence on
the part of an employer. Reports of undocumented conduct or,
even worse, hearsay, look
People still want to
think that if they don’t
report an incident, there’s
nothing in writing and it’s like
it never happened.
“pretty darn bad” in court,
Varriale says. “People tend
to think the ‘Three Rs’
are just another layer of
bureaucracy and drudgery
added to their lives. But it
could save them a lot of
trouble.”
And yet, the number
of facility operators that refuse to follow them would surprise
you, according to Varriale. “Some people say, ‘Oh, that’s so
commonsense; we don’t need to do that,’ ” she says. “I
experience a lot of resistance from people who still want to
think that if they don’t report an incident, there’s nothing in
writing and it’s like it never happened. Ostriches stick their
heads in the sand and think no one can see them. That is a
recipe for disaster.” Ω