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Sports Medicine Handbook - NCAA

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Participation by the Student-Athlete with Impairment<br />

issues need to be addressed with<br />

the student-athlete and his/her<br />

parents or guardian (in the case of<br />

a minor). The following factors<br />

should be considered:<br />

1. The quality and function of the<br />

remaining organ;<br />

2. The probability of injury to the<br />

remaining organ; and<br />

3. The availability of current<br />

protective equipment and the likely<br />

effectiveness of such equipment to<br />

prevent injury to the remaining<br />

organ.<br />

Medical Release<br />

When a student-athlete with<br />

impairment is allowed to compete<br />

in the intercollegiate athletics<br />

program, it is recommended that a<br />

properly executed document of<br />

understanding and a waiver release<br />

the institution for any legal liability<br />

for injury or death arising out of<br />

the student-athlete’s participation<br />

with his or her mental or physical<br />

impairment/medical condition.<br />

The following parties should sign<br />

this document: the student-athlete,<br />

his or her parents/guard ians, the<br />

team physician and any consulting<br />

physician, a representative of the<br />

institution’s athletics department,<br />

and the institution’s legal counsel.<br />

This document evidences the<br />

student-athlete’s understanding of<br />

his or her medical condition and<br />

the potential risks of athletic<br />

participation, but it may not<br />

immunize the institution from legal<br />

liability for injury to the<br />

student-athlete.<br />

References<br />

1. American Academy of<br />

Pediatrics, Committee on <strong>Sports</strong><br />

<strong>Medicine</strong> and Fitness. Medical<br />

Conditions Affecting <strong>Sports</strong><br />

Participation. Pediatrics. 94(5):<br />

757-60, 1994.<br />

2. Mitten, MJ. Enhanced risk of<br />

harm to one’s self as a<br />

justification for exclusion from<br />

athletics. Marquette <strong>Sports</strong> Law<br />

Journal. 8:189-223, 1998.<br />

83

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