Tough-hard-nosed-contact Sports do not automacially equate to Sports' violence, win-at-all-costs, unfairness, dishonesty, cheating, smacK, trash talk and fighting words, when routinely practiced.
Unfortunately, those improper actions become pathologically manifest in Childen (<18) and Youth (15-24 UN definition) Athletes' thoughts, personalities, and psychodynamics, both on-the-field and off-the-field at all levels of participation i.e. grade, middle and high school, university and professional, especially football.
Athletes should promote the unspoken honor code. Lining-up and shaking hands after Athletic Competitions are time honored traditions. Athletes should remain humble in victory and gracious in defeat and protect their off the field friendships. 2018 University of Michigan Men’s Basketball understand; their motto now is: ‘DO MORE, SAY LESS. Bravo Michigan.
When all hell breaks loose, pandemics strike and unexplained Human morbidity and mortality occur, government and other authorities look to Doctors and healthcare personnel to diagnose and fix the problems, before the inevitable crisis like the Plague of Justinian, Smallpox, Ebola and more recently in Sports, Concussions, break-out of control. Dr. Robert Cantu, MA, MD,FACS, FACSM, Medical Director and Director of Clinical Research at the Cantu Concussion Center at Emerson Hospital in Concord, Massachusetts and others have timely and expertly addressed the Concussion issues, thankfully.
Forty-nine years after the report of Battered Child Syndrome, April 29, 2011, Micheal B. Minix, Sr., M.D., this scientific investigator , presented the Forensic Definition of “Child Athlete Abuse Syndrome, A New Disease” at the Athlete Abuse Summit, Omni Parker House, Boston, MA.This was the first public conference report of mbmsrmd’s CAAS’s definition, following his scholarly inquiry, investigation, interpretation of facts and correction of accepted theories and laws because of new facts..
During the Child and Youth Athlete Abuse Prevention Summit, April 29, 2011, the keynote message about Concussion was delivered by Dr. Robert Cantu. other speakers were Dr. Frederick Mueller, sports injuries, Dr. Herb Appenzeller, sport law and risk management, Dr. Micheal Minix, Child Athlete Abuse Syndrome, Kimberly Archie, Cheer Safety, National Cheer Safety Foundation, others.
Genuine Athlete Safety 1st began to proliferatre, having been seeded by 'The Thin Thirty', written by Shannon Ragland and published by Set Shot Press, 2007, a story about the 1962 University of Kentucky cammando, totalitarian football Athlete cruelty, abuse and tragedy.
- After 'TTT' many advocates, Athlete Communities and legal scholars began understanding and learning the differences between
- Accidental, Not Preventable standard of care injuries
- that occur during Child and Youth Amateur Athletes' normal Sport, Recreation, and Exercise (SRE) participations by the rules of the games and ethical teaching, supervision and coaching i.e. fractured arm, broken teeth, ACL etc.
- and Not-Accidental, Preventable irregular, potentially criminal and wrongful death, standard of care (SRE) injuries
- caused and/or allowed to be caused by
- unethical, abnormal, winn-at-all-costs-to-vulnerable-Athletes, teaching, supervising, coaching and medical unusual and non-standard-of-care malbehaviors.
At the beginning of the 20th Century, President Teddy Roosevelt was shocked by the increase in football-related deaths and casualties. “Roosevelt recognized that the game would have to be changed in order to be preserved. On October 9, 1905 Roosevelt convened a Football Summit at the White House.” Many attended including coaches, athletic directors, doctors and others. In March 1906, 62 institutions became charter members of the Intercollegiate Athletic Association of the United States (IAAUS) (to be renamed the National Collegiate Athletic Association, NCAA, in 1910). [Score One for Roosevelt, “Football is on trial,” by Karen Abbott, smithsonian.com Sept 20, 2011]
Doctors were very influential for college football’s destiny. “In the January 1906 edition of the Boston Medical and Surgical Journal, Drs. Nichols and Smith published their study, “The Physical Aspect of American Football” based upon their observations of injuries to Harvard players during the 1905 season. Soon, IAAUS began overhauling the rules of the sport, jump-starting football’s evolution toward its modern form.” [T. R. AND FOOTBALL REFORM by Mark Benson, College Football Historical Society,VOL. XVI, NO. III May, 2003]
Sports, Recreation and Exercise (SRE) accidental injuries are one issue, but caused or created, preventable, not accidental injuries are another. Sports, Recreation and Exercise* are not above the Law. College Football and all SRE* are not a closed societes, resistant to outside intervention, when crimes perpetrated against Athletes occur. Amateur Football and all SRE are not impervious to the Rules of Law.
SRE and “Football are not a kingdoms unto their own,” said Former Secretary of State Condoleezza Rice. No one and No Sport are above the law. [Former U.S. Secretary of State, Condoleezza Rice, [Regarding the Penn State Tragedy, on CNN State of the Nation, Candy Crowley Nov 20, 2011].
The U.S. Supreme Court has ruled that sports participation consent to play a sport and waivers cannot void liability for Children (<18) and Youth (15-24 U.N. / WHO) Gross Negligence. Gross negligence is reckless, wanton or willful misconduct, not mere neglect. 100. [100. The Pinnacle, Friday, September 05, 2008 Liabilities and waivers for recreational activities By Ken Gorman Lombardo and Gilles]
- The Center for Sports and the Law describes Children (<18) and Adult Youth (15-24 U.N. / WHO) Negligent Supervision by a coach. The following are the 4 elements of coaching negligence:
- 1. A Duty of Care is owed Children (<18) and Youth (15-24 U.N. / WHO) Amateur Athletes; Duty not to expose players to unreasonable risk of injury.
2. The duty imposes a certain standard of care;
3. An injury or damage occurs;
4. And the damage or injury as a result of a breach in the standard of care. 21.
- [21. Coaches Report – Winter 2003 , Volume 9 Number 3, Part II: Dealing With Violence as a Legal Issue]
Following Pre-Sports-Participation Examinations, Doctors usually check the box entitled “cleared to play” thereby clearing Children (<18) and Youth (15-24 U.N. / WHO) Amateur Athletes to participate in Sports, Recreation and Exercise (SRE). the box they check implises participation in properly conducted SRE conditions.
Child and Youth Amateur Athlete SRE Participation clearance by Doctors and other Health Care Personnel implies that improper, illegal, negligent, abusive and human rights violations conditions are Not Approved.
Every doctor should add to their physical examinations over their signatures for clearance: “Only cleared to participate in sports that implement Athlete Standard Protection, Supervision and Duty of Care.
Amateur Sport Recreation and Exercise Activities (SRE) are extremely popular and vitally important for Children (<18) and Youth (15-24 U.N. / WHO) growth and development.
- Legal Parents, legal Guardians and / or Age of Majority Participants as defined to be >18 years of age [Black’s Law Dictionary ] sign participation permission:
- § Sign Legal ‘Permission Slips’, which include Waiver and Release for ‘normal inherent, accidental, not-preventable risks’ and injuries that occur within the rules and ethical coaching and supervision conduct of SRE practice and games [Please review: Accidental, Not-Preventable SRE Injuries and understand the difference. [Please review: Accidental, Not-Preventable SRE Injuries and understand the difference: Not-accidental, Preventable SRE Injuries]
- § Sign for Coaches, Teachers, Supervisors and other persons to Coach and Supervise Children, Youth, and Age of Majority SRE Athletes
- § Sign, prior to the encounter, Required Legal Permission for Doctors, Trainers and other trained persons to perform all Athletes examination and treatments
- § Sign, prior to the encounter, appropriate Informed Consent for medical and surgical examination and treatments.
- § The decision-making process in SRE health care can be paternalistic, autonomous, or shared. [Testoni D, Hornik CP, Smith PB, Benjamin DK, McKinney RE. Sports medicine and ethics. Am J Bioeth. 2013;13(10):4-12.]
- Consequently the temporary, substitute, legal duty of care, safety, protection and care-giving supervision for Children, Youth Adult and Age of Majority Athletes participating in SRE are transferred to Coaches, Teachers, Supervisors and other persons
- § until all required Children, Youth and Age of Majority Athletes activities are concluded [Child Abuse Prevention and Treatment Act of 2011 (Public Law 111-320)] [Nicholas KNAPP, Plaintiff-Appellee, v. NORTHWESTERN UNIVERSITY, an Illinois not-for-profit corporation, and Rick Taylor, Defendants-Appellants. No. 96-3450. Decided: November 22, 19
- § and until minor Children and Youth Athletes are returned to Legal Parents’ or Guardians’ legal care-giving, safety and protection. [Child Abuse Prevention and Treatment Act of 2011 (Public Law 111-320)]
SRE Doctors, Trainers, other SRE Health Care Providers Standard of Care:
- Requires implementation of physical, emotional, sexual well-being, and protection and safety of all Athletes [Vaulted into Victims: Preventing Sexual Abuse in U.S. Olympic Sports Through Unionization and Improved Governance Marc Edelman 1 & Jennifer M. Pacella]
- Requires they must use the degree of care and skill of the average health care provider, who practices the provider’s specialty available to the physician.
- Requires they utilize reasonable, customary examination and treatments the SRE Doctors, Trainers and other SRE health care providers would customarily or typically do in similar circumstances. [Testoni D, Hornik CP, Smith PB, Benjamin DK, McKinney RE. Sports medicine and ethics. Am J Bioeth. 2013;13(10):4-12.]
THE 4 R’S OF COACHING ARE: RESPECT, RESPONSIBILITY, RELATIONSHIP, RECOGNITION:
- Respect: Coaches have a legal duty, moral responsibility and ethical obligation to protect Amateur Children (<18) and Youth (15-24 U.N. / WHO) Athlete Safety 1st and all Athlete Human Rights. Coaches should be compassionate and exhibit the highest caring and humane treatment of their Athletes; regard and recognize the human dignity of their Athletes. Coaches must pay attention and understand Athletes’ human value and dutifully respect the human life of their Athletes. “Do unto others as you would want others to do unto you.”Primum non nocere – “First do no harm to human life.”
- Responsibility: Coaches have an responsibility for oversight for the Physical, Psychological (Emotional) well being of their Children (<18) and Youth (15-24 U.N. / WHO) Athletes during the administration of their coaching duties. Coaches must develop and implement ethical coaching policies and standards of Safety 1st. Coaches are accountable and hold an important position and fiduciary duty of trust by athletes and have a designated authority for the proper care of their athletes. The Core of Coaching is Trust, earned form ethical coaching.
- Positive Relationship: Coaches should develop a positive relationship with their Children (<18) and Youth (15-24 U.N. / WHO) Athletes and develop an excellent level of mutual understanding, confidence and trust with good interpersonal communications. By devoting special time for each Athlete, learning about each Athlete’s ambitions, abilities and skills and then by devoting personal time and interest, while developing individual plans and techniques for each Athlete’s individualized execution and improvement of performance, the Coach will develop a positive relationship with each Athlete. Developing a positive relationship with each Athlete is fundamental to individual and team play.
- Recognition: Coaches should acknowledge and recognize Children (<18) and Youth (15-24 U.N. / WHO) Athletes when they accomplish their goals and execute their performance plans well. Special one-on-one notice and complementary attention to the Athlete will enhance the trust for the Coach and motivate the Athlete. A pat on the back or the butt goes a long way recognizing Athlete accomplishments