Law and Ethics in Sport and Rec. Exam 2

Undue Hardship

"action requiring significant difficulty or expense..." Can be based on cost, nature of the accommodation, size of the organization, location, type of organization. Do not have to employ individuals that pose a direct threat to the health or safety of others.

Pennsylvania Statute on Hazing

"Any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of or recognized as an organization by an institution of higher education."

Title IX

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance." Part of the Education Amendments Act of 1972 to the Civl Rights Act of 1964.

Americans with Disabilities Act (ADA)

"To provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." 1990 Reasonable accommodation of persons with disabilities by removing barriers Disability: Physical or mental impairment that substantially limits one or more of the major life activities Record of impairment Person is regarded as having impairment

Hazing Test

1. Is alcohol involved? 2. Will active/current members of the group refuse to participate with the new members and do exactly what they're being asked to do? 3. Does the activity risk emotional or physical abuse? 4. Is there risk of injury or a question of safety? 5. Do you have any reservation describing the activity to your parents or school representatives? 6. Would you object to the activity being photographed for the school newspaper or filmed by the local TV news crew?

Alternate Dispute Resolution

Can be voluntary or mandated by contract. Various forms: mediation, arbitration, etc.

Interests Test

Compliance through meeting all stated interest and ability to field a team. Questions determining compliance: Unmet interest? Likelihood of competition? (Not likelihood of success) Reasonable expectation of competition?

Equal Pay Act Defenses

Disparate treatment due to some legitimate, non-discriminatory reason: Seniority system Merit system System based on quantity or quality of production Factor other than class of employee

Consideration

Each party must pay some price, or make some contribution in exchange for the promise exchanged with another party. Lack of this makes contracts unenforceable. Courts will not enforce promises that are made unless there is some benefit. Something must be bargained for and exchanged.

ADEA Case Progression

Employee or Applicant Plaintiff is 40+ years old Employer is subject to the law Plaintiff was qualified or performing duties of position Plaintiff suffered adverse condition (discrimination) Employer hired/replaced with person outside the protected class

Hackbart v. Cincinnati Bengals

Hackbart was a professional football player who was injured after the defendant player hit hackbart in the head due to frustration after getting blocked. Trial court said Hackbart assumed the risk of playing football. Hackbart appealed saying the court failed to apply tort principles and the defendants previo.us in game behavior was not accounted for.The reviewing court reversed and remanded for a new trial.

Facility Usage (what is considered)

Locker rooms: availability and quality. Practice and competitive fields: quality and availability, exclusive use, maintenance, and preparation.

Academic Support (what is considered)

Opportunity to receive tutoring: availability and procedures. Assignment and compensation: tutor qualifications, tutor experience, rate of pay, relative workload.

Title IX Considerations

Overall approach Nature of particular sports Reasonable professional decisions What constitutes a violation: A denial of equal athletic opportunity to students of one sex (underrepresented) A series of minor offenses = denial of opportunity Higher the percentage of athletes affected - greater the problem

Impact of Title IX

Participation rates and opportunities have increased for women Increased spending on women's athletics Increased exposure for women's athletics Reduction in the number of female head coaches and administrators. Slight decrease in participation opportunities for men

Promissory Estoppel

Potential remedy when contract is missing a basic element. Relies on: Party A's reliance on Party B's promise creates injustice. Reasonable expectation to rely on the promise.

Three Prong Test

Proportionality Test: Number of participation opportunities (generally looking for exact proportionality). History Test: Schools current and historical practices, history of progress and plan for future. Interests Test: Institution must show they are meeting the needs of underrepresented gender.

Money and Title IX

Proportionate dollars are required for scholarships. Proportionate spending is a goal for: Recruitment fund, coaches salaries, and operational budgets. Potential Issues: Donations, coaches controlling their budget, revenue producing sports.

Slander

Spoken defamation.

Libel

Written or published defamation.

Age Discrimination in Employment Act (ADEA)

1967 Failure to hire OR to terminate an individual because of their age and compensation Further along in career = higher salaries Applies to: Organizations w/ 20+ people 40 years and older No upper limit Precludes: Forced retirements (due to age) Including age preferences in job postings Assigning older workers to jobs that don't allow them to be competitive for higher positions in company Promoting a younger employer specifically due to concerns about an older employee's retirement Hiring a younger worker over an older worker Theories of liability: Similar to Title VII Disparate Treatment (specific to employee) Systematic Disparate Treatment (pattern of discrimination) Disparate Impact (intent not required) Not an eligible defense

Athletics and Sexual Violence

20% of athletic departments investigate claims of SV involving athletes. Connections between police departments and athletic departments.

Sexual Assault of College Campuses

20% of women are victims of attempted/actual sexual assault. 6% of men are victims of attempted/actual sexual assault. Sexual assault is an underreported crime (overall): FBI estimates that 8% of reported sexual violence is a false report, higher likelihood that man is a victim than wrongly accused perpetrator.

Anti-Hazing Laws

44/50 states have these types of laws on the books (Pennsylvania included). Definitions vary from state to state, as well as penalties.

Breach of Contract

A failure to uphold terms agreed to in a contract. Elements: Valid contract. Plaintiff performed duties stipulated by contract. Defendant failed to perfomr as stipulated by contract. Plaintiff suffered economic loss as result of breach. Monetary damages: the usual remedy in this situation. Not trying to be overly punitive: Duty to mitigate: non-breaching party has the duty to try to lessen the amount of damages (as much as possible). Penalty clauses within contracts intended to deter a party from breaching the contract have been held unenforceable. Courts have allowed for liquidating damages clauses: The purpose is to recover damages/losses, not penalize. Injury from breach is difficult to quantify. Sum must be reasonable pre-estimate of loss.

Contract

A voluntary agreement that imposes duties and benefits upon the parties. Binding! Creates private law between parties. Forms: oral or written (state dependent, Pennsylvania law enforces oral contracts). Expressed vs. implied.

Capacity

Ability to comprehend contract terms and term's impact. Will not enforce the contract with lack of this. Determined by: Age (minor or sufficiently old) Medical condition Intoxication Can be considered as part of legality in a contract.

Title IX Categories (3)

Accommodation of Interests and Abilities. Athletic Financial Assistance. Other Benefits & Opportunities.

Categories of Slander and Libel

Accuses the plaintiff of criminal conduct Accuses the plaintiff of having a loathsome disease Accuses the female plaintiff of being promiscuous Accuses the plaintiff of misconduct while occupying a public office Injures the plaintiff's business, trade, or profession

Compliance with Title IX

Add women's sports. Increase spending on existing women's sports (scholarships, operating budgets, etc.) Eliminate non-revenue men's sports Eliminate walk-ons in men's sports Strive for gender equity and not simply compliance with Title IX.

BFOQ (Bona Fide Qualification Defense)

Allowable qualifications for employers' consideration that influence hiring/promotion/retention decisions. Must relate to the essential job or duty of the position & be necessary for success of the business. Have to consider accommodations and determine if fundamentally changes the position. High standard for clearance. Customer/athlete preference is not a defense. Eligible considerations: religion, sex, age, and national origin. Race and color are never eligible.

Support Services (what is considered)

Amount of administrative assistance, amount of secretarial & clerical assistance, office space, computers, phones, office machines, etc.

Intentional Tort

An injury or a wrong committed by a person. When it comes to civil & criminal, it is state dependent (if it breaks criminal statutes). Examples include assault and battery.

Hazing

Any activity expected of someone joining a group that humiliates, degrades, abuses, or endangers, regardless of the person's willingness to participate. Participants consent is generally not accepted by the courts as a viable defense. DOCTRINE OF VICARIOUS LIABILITY IS IMPORTANT!!!

Title IX History

Applied to all programs that received federal financial assistance, which resulted in an immediate increase in women's participation in sports. General overall confusion about how the law would be applied and to what areas of society.

Specific Performance

At time breaching party may be forced to perform terms of the contract. Complete the terms of contract by breaching party. Not used to force a person to work. Violation of the 13th Amendment. Importance of CBA (collective bargaining agreement).

Publicity (what is considered)

Availability & quality of personnel, access to other publicity sources, quantity & quality of publications and other promotional materials, and travel issues.

Medical and Training Services (what is considered)

Availability of Medical Personnel: practice and games, travel issues. Health, accident, and injury insurance. Availability & qualifications of certified athletic trainers: practices and games, travel issues. Availability and quality of: weight facilities, training facilities, and conditioning facilities.

Title VII Remedies

Back pay Front pay Reinstatement to position Retroactive seniority Injunctive relief Attorneys fees Compensatory & punitive damages

Acceptance

Can only be made by the party to which the offer was made (or representative with authority to accept). Represented by a signature, oral assent, performance, etc (moment of validity). Mutual assent: acceptance of the current offer, matches the essential elements. Counteroffer doesn't qualify. Power of acceptance: A accept's B's offer: the offeree's power of acceptance can be terminated: By rejection or counteroffer. Lapse of time. By revocation. Either party dies or loses mental capacity. Option contract: very popular in sports, allows for offeree to opt-in or opt-out at a certain point in a contract (4+1 deals in the NBA, player options, etc).

Defamation Actions

Classify persons as: public officials, public figure, limited person public official, or private figure. The burden of proof often differs among the different classification: Courts attempt to balance the public's right to know and the person's right to privacy. Statements made on false facts or undisclosed facts are actionable. Three factors to distinguish fact from opinion: Specific language used. Whether the statement is verifiable. General context of the statement.

Important Sexual Assault Rulings

Clery Act: requires institutions to disclose statistics about crime on campus and procedures around investigations. Family Educational Rights and Privacy Act (FERPA): Protects student education records. Davis v. Monroe County Board of Education Schools responsible for failing to stop student-on-student harassment. Violence Against Women Act (1994): Reauthorized in 2013. Mandates colleges/universities to establish programs about sexual assault and domestic violence.

Battery Defenses

Consent was provided Privilege: particular, limited benefit enjoyed by an individual or class of individuals that extends beyond the common advantages of other citizens. Self-defense: use of force to protect oneself. Reasonable force to control.

Practice and Games Scheduling (what is considered)

Considered aspects: Number of competitive events, practice time and length, competition time of the day, pre and post-season competition.

Intentional Torts In Sport

Context Matters: Greater acceptance of violence in sport than in general day to day life. Incidents of violence are increasing in youth, interscholastic, and intercollegiate sport. Leagues and organizations are responsible for setting the standard for acceptable behavior: 23+ states have enacted laws to establish penalties for assaulting sports officials. Conflict of interest for professional leagues.

Principles of Contract Interpretation

Contract as a whole: courts will examine the contract as a whole. Ambiguous contracts: party who drafts a contract will be disadvantaged party in the resolution of a contract dispute. Example: terms undefined. Parole Evidence Rule: terms not included in the final contract cannot be added. Unless the contract is ambiguous. Why: avoids litigation.

Unilateral Contract

Contract where party A makes a promise conditional of Party B's action. "If you make this half court shot, I will pay you $50,000."

Bilateral Contract

Contract where promises are dependent on each other. Party A makes a promise, Party B makes a responding promise.

National Letter of Intent

Contracts signed by high school student-athletes that stop the recruiting process and require the high school-athlete to complete one academic year at the college/university. Minors and contracts: Legally parents signing should make the contract valid. No federal law considering NLI's. Voidable contracts (by minor). The NCAA doesn't afford the same level of deference to minors as the court system (coaches leaving).

Dear Colleague Letter

DOJ communication directing colleges to use preponderance of evidence in sexual misconduct cases. Requires: a notice of nondiscrimination, needs to specify nondiscrimination on sex, Title IX Coordinator, and grievance procedures. Grievance Procedures: Ease of availability and understanding of procedures. Prompt and equitable resolution. Independent of legal/criminal proceedings. Complainant rights (in school). Lawyers not required. Appeals process. No NDA's.

OCR Investigation

Determine compliance though considering three categories: Accommodation of Interests and Abilities ( sport offerings), Three Prong Test. Athletic Financial Assistance (scholarships). Other Benefits & Opportunities (everything else).

Oral Contract

Difficulty with establishing the terms of oral contracts is that there is no evidence (written, recorded, etc) to establish the terms of the contract. Statute of Frauds: establishes that there are certain situations were a contract must be in writing (with the exception of): Real estate Sale of goods exceeding $500 Performing terms of contracts for 12 months or longer

Religious Discrimination

Employers may not discriminate against individuals because of their religion in hiring, firing, and conditions of employment Additionally, employers: May not treat individuals more or less favorably because of their religion. May not require employees to participate -or refrain from participating - in a religious activity. Must prevent religious harassment. May not retaliate against employees for asserting their religious rights

Establishing a Title VII Case

Establishing a case (prima facie): Member of a protected class Qualified for and/or occupied a particular position Despite qualifications - the plaintiff was treated differently than other workers/applicants Circumstances give rise to inference of discrimination

Title VII, EPA, and Athletics

Factors other than sex: Revenue production Market rate value of coaches Salary based on prior salary Salary based on sex of athletes Experience, education, and ability More responsibility

Breach of Contract Defenses

Impossibility of Performance: impossible to perform terms of the contract to no fault of the party. Frustration of Purpose: value of performance to be obtained becomes useless because of unforeseen changes. Impracticability: cost of performance is greatly increased due to unforeseen changes.

Enforcement of Title IX

Institutional OCR- US Department of Education: Anonymous complaint Investigation Negotiates resolution Federal Lawsuit

Battery

Intentional, unpermitted, and/or unprivileged touching of another person. Elements: Intent to cause harm or offensive touch. Harmful or offensive touching. Lack of consent. Plaintiff does not need to be aware!!

Housing and Dining (what is considered)

Is student-athlete housing provided? If it is, are there special services, such as: laundry, parking, cleaning service, training table, etc.

ADA Defenses

Job-related reason for not employing/terminating individual: Not related to disability, objective measurements, undue burden on employer. Public Services: Participation privileges and services must be available to a person with a disability Person with a disability may request a reasonable accommodation or modification of a rule Balance accommodation v drastic change to the activity

Civil Rights Restoration Act of 1987

Legislation reversed the findings in Grove City College and applied Title IX institution-wide. Thus, if any part of an institution received federal funding, the entire institution was subject to the specifications in Title IX.

Mercer v. Duke

Mercer is suing under Title IX of the education act related to treatment received while continuing to try and play football as a kicker at Duke. he court concluded that there was a legally sufficient basis for the jury to conclude that the university would not have made the same decisions with respect to the athlete's membership had it not considered her gender. The university's motion for judgment as a matter of law, or in the alternative, for a new trial and/or a remittitur, in all respects, was denied. The athlete's motion for attorneys' fees and expenses was granted, in the total sum of $388,799.

Unenforceable Contracts

Misrepresentation: a false assertion of fact that induces someone to enter into a contract. Undue influence: contracts created through domination of one party on the other. Duress: wrongful act or threat that causes a party to enter into a contract, loss of life, etc.

Moore v. Notre Dame

Moore was a long established college football coach at Notre Dame at the time. A new head coach was hired and fired Moore and told him that he wanted a younger man for the job and younger staff. Moore filed a case against Notre Dame on the basis of Age Discrimination in Employment Act (ADEA).

Title VII Process

Must file a complaint with the EEOC prior to litigation. EEOC complaint: aimed to try and find resolution not through a lawsuit. Conciliation- designed to get to a resolution faster while resolving all issues at hand. Dismissal of Notice of Rights: informs of the right to sue. Theories of liability and defenses: Disparate treatment: intentional discrimination of protected class. Direct evidence: "Hell would freeze over before I hire a woman for a boys' coaching position." Sexist/racist comments do not count as direct evidence. Retaliation: must establish a prima facie case. Adverse action taken by employer in response to employee's negative action. Employer perspective.

Rooney Rule

NFL policy requiring hiring processes to include POC in the final candidate pool. Expanded and adapted since its inception. Oregon adopted state law for all public university athletic AD and head coaching positions. No PA law in the works at this moment in time.

History Test

Need to demonstrate: Record of adding intercollegiate teams by sex Record of upgrading teams to intercollegiate status by sex Record of increasing the number of participants of the under-represented sex Affirmative responses to requests by students or others to add or elevate sports You need to also demonstrate: Current implementation of a policy/procedure for requesting the addition of sports that includes the elevation of club or intramural teams Effective communication of that policy or procedure to students Current implementation of a plan/program expansion responsive to developing interests and abilities of the under-represented sex Demonstrated efforts to monitor developing interests and abilities (and timely reaction to the results of those efforts)

Assault Defenses

No intent to cause harm Plaintiff not aware of potential harm Consent was provided

Single-Sex Teams (what is considered)

Non-contact sports: If the same sport is not offered for both sexes members of the excluded sex must be allowed to try-out for the team. Contact Sports: Members of the excluded sex do not have to be given a try- out If try-outs are provided to the excluded sex than anti-discrimination no longer applies. Contact Sports: BB, FB, wrestling, rug, ice hockey

Proportionality Test

OCR cites the following examples of substantial proportionality: (1) exact proportionality; (2) a disparity of one percent caused by an increase in the current year's enrollment after a year of exact proportionality; and (3) an institution's pursuit of proportionality over a five-year period and in the final year - when proportionality would otherwise have been reached - enrollment of the under-represented sex increased so that there was a two percent disparity.

Elements of a Contract

Offer, Acceptance, Consideration, Legality, and Capacity.

Coaches (what is considered)

Opportunity to receive coaching: full-time coaches, part-time and assistant coaches, and graduate assistants. Compensation: rate, duration of contracts and renewal, experience, nature of coaching duties, working conditions, other terms and conditions of employment. Assignment: training, experience & other, professional standing.

Vanderbilt v. Dinardo

Plaintiff (Vanderbilt) sued Defendant (DiNardo) for breach of contract after DiNardo decided to accept a coaching position at LSU. DiNardo's employment contract stipulated that if he resigned from his position during the contract period and began employment for another institution he would have to pay Vanderbilt liquidated damages equal to his net salary for the time remaining in his contract with Vanderbilt. Both parties moved for summary judgment. The trial court ruled in favor of Vanderbilt. DiNardo appealed. The Court affirmed the grant of summary judgment regarding the liquidated damages provision of the original contract as the provision was enforceable, but reversed the summary judgment regarding the addendum.

Equal Pay Act

Plaintiff's case must establish: The employer is subject to the law. Plaintiff and one member of opposite sex have been employed to perform the same job. Similar working conditions. Plaintiff's compensation is lower than that of coworker of the opposite sex. Plaintiff was paid less because of sex. Requires that the plaintiff (in any case) establish a comparator. Has to have a comparable job to that person. Determine whether jobs are substantially equal. Two step analysis: determine whether jobs have a common core of tasks, employer establishes inequity in pay is based on one of the four affirmative defenses. Only deals with pay not other aspects of employment: Statute of limitation is two years, three years if it is a willful violation. Damages are two years back pay or double if a willful violation. Employees must establish that they performed the "same" job under "similar working conditions." Success of cased is based on comparator.

Athletic Financial Assistance

Proportionate dollars are required for scholarships: Title IX imposes no other restrictions on athletic financial assistance (full v partial scholarships) Student-athletes who are injured, but still receive a scholarship count. Multi-sport athletes' scholarships: Only counted once Fifth year student-athletes who receive scholarships but are not on the roster do not count.

Recruiting (what is considered)

Provision of substantially equal opportunities to recruit, provision of financial and other resources. Whether differences in: benefits, opportunities, treatment ...afforded PSA have a disproportionately limiting successful recruiting efforts.

Mavericks Report

Recommendation 1: Increase the number of women throughout the organization, including in leadership and supervisory positions. Recommendation 2: Improve formal harassment reporting processes and create new paths for victims to report misconduct. Recommendation 3: Evaluate, and hold accountable, all executives, managers, and supervisors on their efforts to eliminate harassment and improve diversity of all kinds throughout the organization. Recommendation 4: Conduct anonymous workplace culture and sexual harassment climate surveys on a regular basis to understand the culture of the organization and whether problems exist. Recommendation 5: Establish clear hierarchies and lines of decision-making authority within the organization. Recommendation 6: Clarify what role team owner Mark Cuban will play in the business organization. If Cuban intends to hold a management role, he and the CEO should explicitly define what his role will be, along with rules for when and how Cuban engages on issues. Recommendation 7: Strengthen and expand Human Resources, and implement clear protocols and processes for evaluating and adjudicating workplace misconduct issues. This should include providing clear communication to employees on the anti-harassment policy and how to report harassment Recommendation 8: Provide "prompt and proportionate" and "consistent" discipline across the organization when harassment or misconduct has been substantiated. Recommendation 9: Provide regular training for all employees on sexual harassment (including bystander intervention training), and special training directed at managers and supervisors. Leaders across the Company should participate in the trainings and take an active leadership role in providing trust and safety in the workplace. Recommendation 10: Adopt clear, transparent, office-wide processes for hiring, on-boarding, promotions, lateral transfers, performance evaluations, salary increases, and discipline within the organization. This should include centralizing key employment functions within the Human Resources department. Recommendation 11: Collect and use data to add value to the Company and to identify weaknesses. Recommendation 12: Require that all leaders, managers, and supervisors engage in efforts to improve workplace culture and to ensure a diverse, inclusive workplace. Recommendation 13: Employ a full-time, in-house General Counsel.

Child Protection Package

Renewed clearance every three years. "Regular involvement" people under 18. Defines abuse as "any bodily injury."

Seamons v. Snowe

Seamons was on the high school football team and one day after practice he was assaulted by 4 teammates outside the showers. The coach told him to apologize to the team for going to the police but he didn't do so and was kicked off the team for it. The reviewing court reversed the trial court's judgement for the defendant and remanded for a new trial holding where no law prevented the application of tort concepts in football

Civil Rights Act of 1964

Section Relevant to Gender Discrimination. 1983: Plaintiff must allege that a right found in Constitution (or other federal law) was violated and that the person violating the right was engaged in state action/state actor. Education deemed as a state action.

Title VII

Section of the Civil Rights Act of 1964: specific to employment discrimination around race, color, religion, sex, and national origin. Applies to organizations engaged in interstate commerce, government & private organizations, and businesses with 15+ employees who work 20+ weeks of the year. Excludes: membership clubs (Augusta National), Native American tribes, and religious organizations. Considers all aspects of employment: hiring, firing/layoffs, job training/development, discipline, job classification, and benefits. Harassment is included in Title VII. Federally non-protected classes: sexual orientation and gender identity. State laws Pennsylvania adapted interpretation of "sex". Current SCOTUS cases looking to address meaning of "sex" at federal level. Citizenship.

Recommendations to Combat Hazing

Send a clear anti-hazing message: Written policy with clear definitions and consequences Educate administrators, coaches, athletes Develop a contract (18 +) Establish a record of decisive action Zero tolerance policy Immediately notify security or law enforcement Make student-athletes' behavior on and off the field a part of each coach's evaluation Involve parents

Title VII Defenses

Seniority system Merit system System based on quantity or quality of production Factor other than class of employee Statute of limitations BFOQ Business necessity Affirmative action: Discrimination results from a formal systematic program. Program is temporary-only until goal is met. Does not completely bar hiring of overrepresented class. Does not result in the firing of overrepresented class. Does not require employer to promote unqualified workers.

Sexual Assault Best Practices

Sexual Assault: case by case basis. Suspension from games/practices. Limitations on games/practices. Trainings for student athletes: Internal stakeholders (Title IX Compliance Officer). External stakeholders (nonprofits, NCAA enforcement). Chain of Command Who to go to when you don't trust the chain. This applies to inside and outside the department.

Stanley v. USC

Stanley the womens basketbal coach at USC sued them for sex discrimination and reltionary discharge due to a contract dispute. She wanted an equal contract to that of the men's basketball head coach. Court granted the university's motion for summary judgment (saying they did nothing wrong). This was because he women's head coach position was not substantially equal to the men's head coach position because she did not have similar recruiting, public relations, or revenue generation responsibilities; (2) the university did not discriminate based on gender because there was no proof that the differences in fan support, revenue, and pressures associated with the jobs were due to the university's or coach's discriminatory acts.

Legality

Substance of contract cannot involve illegal action(s)/subject matter that violates public policy. Example: drugs, PED's, etc. Violations of public policy: Contracts that waive tort liability. Covenant not to complete. Non-compete clauses.

Defamation

That which tends to injure a person's reputation, to diminish their esteem, respect, goodwill, or confidence in which that person is held. Elements: A false statement Publication (communication) to a third party. Fault or negligence of defendant. Damage. This crime rarely results without intention or fault.

Assault

Threatening or menacing behavior. Elements: Intent to cause immediate harm (AKA threatening/menacing behavior). Apprehension of harm by plaintiff. Lack of consent.

ADA Titles

Title I - Employment: Qualified individual with a disability Individual who can perform the essential functions of the job, in order to be qualified a person must pass certain prerequisites Reasonable accommodations Making facilities used by employees more accessible Job restructuring (i.e., modified work schedule, equipment, training, policies, testing, etc.) Title II - Public Services: Denied the benefits of public services based on disability (a) person is a qualified individual with a disability; (b) person is otherwise qualified; (c) excluded based solely on disability; (d) discriminated against by a public entity Title III - Public Accommodations: Persons with disabilities cannot be denied full and equal enjoyment and/or access to any place of public accommodation

Men's Olympic Sports and Title IX

Title IX does not account for reverse discrimination Not within spirit of Title IX Doesn't violate Equal Protection Clause Considered a remedy for past discrimination Ways to keep men's Olympic sports

Breach of Contract Remedies

Total vs. partial breach: you have to make the injured party whole. Monetary damages: Expectation interest: expected benefit from the contract. Reliance interest: expenditures that result based on dependence of the other party. Restitution interest: restores party to position prior to formation of the contract. Specific performance: contract must be performed as written. Negative injunction: cannot provide services to any party other than the aggrieved.

Defamation Defenses

Truth, privilege, fair comment, statute of limitations, neutral reportage.

Travel and Per Diem (what is considered)

Type of transportation, where do the athletes stay, length of stay (before and after), per diem allowances, dining arrangements.

Offer

conditional promise made from one party (offeror) to another party (offeree). Includes the parties involved, subject matter, time and place for the subject matter to be performed, and the price to be paid.