Sports Anti-Violence Risk Management For Amateur Sports Associations

Violence incidents becoming increasingly common

Sports violence is on the rise and the public is being bombarded with accounts of violence between sports officials and spectators, coaches and spectators, and spectator on spectator. Sports officials are resigning in record numbers over actual or feared verbal and physical assaults. There are increasing accounts of gun violence in the stands and parking areas. This is not just at high school games, but is happening at youth sports events. A number of my sports insurance clients have approached me for advice this past year on how to possibly prevent these incidents from happening. Although this type of violence has been present for some time, the increasing frequency and severity makes this an emerging risk in the amateur sports world which demands a response from risk management.

Violence in the media

Basketball referee in IN fights spectators and players.

North Texas youth football coach shot and killed by ex NFL player

MS softball umpire sucker punched by player’s mother

Masked man fires shots at FL youth football game injuring 4

Staff member is aggressor

Coach vs coach

Coach vs player

Coach vs spectator

Coach vs sports official

Sports official vs coach

Sports official vs spectator

Spectator is aggressor

Spectator vs coach

Spectator vs sports official

Spectator vs spectator

Spectator vs player

Athlete is the aggressor

Athlete vs coach

Athlete vs sports official

Athlete vs spectator

Outside party other than spectator is aggressor

Outside party vs spectator

Drive by shootings

Gang related crimes

Active shooters

How can amateur sports organizations be sued for failure to prevent violence?

Negligent hiring, supervision, retention, etc. of staff members – Sports organizations should not hire or retain any staff member with a known propensity for violence. Information about past violence can be obtained by running a criminal background check. Any prospective staff member should be disqualified if their criminal background triggers a disqualification based on pre determined DQ criteria used by the league or suggested by the background check vendor. Any existing staff member who is charged with a crime that falls under the pre determined DQ criteria should be relieved of their duties pending the outcome of the investigation. Any staff member who exhibits violent behavior but is not charged should be scrutinized by the board of the sports organization with the appropriate sanction including termination or suspension. The sports organization owes a duty of care to not employ staff members with a history of violence. Such staff members are a liability risk should they be involved in a future incident.

Failure to protect and control spectators – Generally, facility owners and field users have a legal duty to control the conduct of spectators on their premises when they have the opportunity to control such parties and are reasonably aware of the need for such control. Second, facility owners and field users only have a duty to protect spectators, staff, and players from third-party assaults if the danger is reasonably foreseeable, including foreseeable criminal conduct. In other words, knowledge of past violence and criminal conduct as regards a particular spectator or group of spectators can trigger a legal duty to ensure that adequate security is in place. See Must Youth Sports Protect Fans From Assault.

Knowledge of potential violence from outside third parties (ex: drive by shootings, gang activity) and failure to take action – Applying the same reasoning as regards spectator violence, if a sports organization has any knowledge that makes a violent act by an outside third party foreseeable (ex: rumor or threats on social media), such knowledge can trigger a legal duty to make sure adequate security is in place.

Anti-violence risk management techniques

Background check screening for coaches, administrators, and other volunteers

Background checks are critical to defend against lawsuits alleging negligent hiring, supervision, and retention of staff.
Should be a by-product of the existing sex abuse / molestation risk management screening of staff which is hopefully already in place.
Background checks not only screen for incidents of child abuse, but also for other crimes against persons that could indicate a propensity towards violence.
Any violation of your pre-existing disqualification criteria for staff which should include certain misdemeanors and felonies should result in disqualification.

Zero tolerance policy and codes of conduct

Sports organizations should have a zero tolerance policy for violent or other inappropriate behavior which may increase the chances of violence. Prohibition of these behaviors should be added to any existing code of conduct as applicable for players, staff, and parents/guardians/guests. Sports organizations that do not have these existing codes of conduct should develop them. Publication and enforcement of these codes of conduct is the cornerstone of any anti-violence risk management plan in sports.

Code of conduct basics

Separate codes of conduct are needed for players, staff, and parents/guardians/guests.
The codes of conduct should be made a part of a sports organization’s written rules and/or bylaws so that the sports organization is authorized to enforce violations. It’s too late to add a code of conduct after a prohibited behavior has already occurred.
The sports organization should be consistent in its enforcement policies. Failure to consistently apply a code of conduct can result in a legal challenge.
A written code of conduct contract should be signed as part of pre-season registration by all players, staff and parents/guardians.
The codes of conduct and behavior expectations should be reviewed at a mandatory pre-season meeting.
The codes should be distributed via email pre season and periodically throughout season as a reminder.
The codes should be posted on team/league website and social media.
Codes of conduct should always list possible sanctions to give them teeth.
Sanctions against individual violators are important. However, sanctions that apply against the child of a violator (ex: suspension for a week from practice and games) or the entire team (ex: repeat violations during the season can result in DQ from playoffs or loss of attendance privileges) can provide an even more powerful disincentive.
The applicable provisions of the code of conduct including sanctions for violation as it applies to parents/guardians and guests (ex: relative or friend of player) should be posted on signage upon entering facility. Since most facilities are owned by municipalities, the sports organization should bring mobile signage to display at events.
Referees / umpires, authorized facility management, and team/league host administrators should be empowered to eject staff, parents/guardians/guests, and other spectators for inappropriate behavior.
Sports organizations must be willing to enforce the codes.

Sample code of conduct signage

Parent/Guardians/Guests/Other Spectators Code Of Conduct

No physical violence or threats of violence.
No verbal abuse or profanity.
Accept decisions of game officials and coaches on the field as being fair and called to the best of their ability.
No criticism of opposing team, its players, coaches or spectators by oral statement or gesture.
No interference with coaching staff or game officials before, after, or during the game.
No illegally entering the field of play, except when directed to do so by an official due to a medical emergency.
Violation of any of these rules will be subject to ejection by game officials, facility officials, host officials, or team/league officials.
Any spectator who is ejected must immediately leave the premises.
Other sanctions may include game stoppage, being banned temporarily or for the season, or team sanctions such as forfeiture or being banned from the post season.

Sample player code of conduct anti-violence provisions

Exhibit the ideals of sportsmanship, ethical conduct, and fair play.
Show courtesy to teammates, opponents, coaches, and officials.
Respect the decisions of coaches who are the instructional authority for the team.
Discourage teammates, parents, guardians, and other spectators from undermining the authority of the coach.
Refrain from the use of alcohol, drugs, and tobacco products.
Refrain from profanity and trash talk.
Don’t criticize teammates.
Don’t post on social media to criticize teammates, opponents, coaches, officials, or parents.
No player on player sexual abuse, physical abuse, emotional abuse, harassment, hazing, bullying, or negative social media.
No violence or threats of violence against teammates, opponents, coaches, sports officials, or spectators.
Violation will result in appropriate discipline by the sports organization including suspension, being banned for the season, or being banned permanently.

Sample staff (i.e. administrators, coaches, officials) code of conduct anti-violence provisions

Exhibit the ideals of sportsmanship, ethical conduct, and fair play.
Show courtesy to players, other coaches, officials, and opponents.
No physical violence or threats of violence.
No verbal abuse or profanity.
No invading personal space in a threatening way.
No illegally entering the field of play.
No violation of child abuse risk management plan including physical abuse, emotional abuse, sexual abuse, hazing, harassment, bullying, etc.
No use of alcohol, other illegal substances, or tobacco products.
Accept decisions of game officials and coaches on the field as being fair and called to the best of their ability.
No criticism of the opposing team, its players, coaches or spectators by oral statement or gesture.
No posting on social media to criticize players, opponents, coaches, officials, or parents.
Violation will result in appropriate discipline by the sports organization including suspension, being banned for the season, or being banned permanently.

Sample parents/guardians/guests code of conduct anti-violence provisions

Help make athletic contests a positive educational experience for youth.
Support my child’s team and teach the value of commitment to the team.
Direct any constructive criticism to the head coach or other administrator and work towards a positive result for all concerned.
If there are any concerns over your child’s playing time or role, wait until at least the next day after a game before addressing them with the head coach to provide a cooling off period.
No physical violence or threats of violence.
No verbal abuse or profanity.
No invading personal space in a threatening way.
No use of alcohol or other illegal substances.
Accept decisions of game officials and coaches on the field as being fair and called to the best of their ability.
No criticism of the opposing team, its players, coaches or spectators by oral statement or gesture.
No negative social media to criticize players, coaches, officials, opponents, or parents.
No interference with coaching staff or game officials before, after, or during game.
No illegally entering the field of play, except when directed to do so by an official due to a medical emergency.
Violation of any of these rules will be subject to ejection by game officials, facility management, or host administrators.
Any parent/guardian/guest who is ejected must immediately leave the premises.
Parents/guardians/guests who are ejected will be suspended from attending any practices or games for two weeks and their player will be suspended from all practices and games for one week. The second ejection during a season will result in the parent/guardian/guest being banned for the season and another week of suspension from practices and games for their player. Subsequent ejection during any season will result in a permanent ban from the sports program.
Any team with 3 or more ejections during a season will result in such team’s parents/guardians/guests no longer being allowed in stands or sidelines for the rest of the season (be sure to clear with legal counsel) and being declared ineligible for the playoffs.
Parents/guardians will relay this code of conduct to their invited guests and are responsible for their compliance.

Observation and situational awareness of premises

Appoint a facility, host, or team/league point person to patrol sidelines, spectator areas, and parking areas to scan for risks of violence. The point person should have a special name tag or vest to evidence their authority. It is important that this person should be impartial and should represent both teams and all participants.
Risks of violence include unauthorized persons in restricted areas, threats of violence, abusive language, other suspicious behavior, etc.
Point person should be trained on the OHNO approach (or similar) which stands for observe, initiate a hello, navigate the risk, obtain help. See www.cisa.gov/power-hello
In the event a risk if identified, the point person should immediately notify the facility official, host official, or head team/league administrator in charge and/or call 911.

Planning for foreseeable problems to allocate internal and police resources

Administrators, coaches, parents, and players should be on the alert for threats of violence and should immediately notify officials.
Threats of violence can be uncovered from face to face conversations, text messages, or social media.
The sports organization should assign a point person to monitor social media and to receive information from players, coaches, and parents on potential violence.
Increased risk factors include
- History of heated rivalry between teams
- History of difficult coach, parent, or spectator
- Racial tensions
- Rumors of possible violence

Engage local law enforcement

Meet with law enforcement prior to the season to establish the proper contacts and what resources are available.
The best contact is often the community policing representative.
Law enforcement should be included in pre season emergency planning for risks of violence.
Some locations may be so hazardous in the opinion of law enforcement that the facility should not be used.
Law enforcement should be notified in advance for any game that has an increased risk of an incident.
Request regular police patrols of the roads and parking areas of the facility.
Ask about response times to an incident.
High risk environments may require police presence and patrolling at games.

Private security

Consider hiring private security if law enforcement can’t provide adequate resources, coverage, or response times.
Make sure that the private security company can provide a certificate of insurance evidencing General Liability and Professional Liability.
Be aware of indemnification and hold harmless agreements in contracts with private security which may make sports organizations contractually assume the liability which would ordinarily belong to the security company. Such contractual assumption of liability is typically not covered under General Liability policies taken out by sports organizations.

Other strategies

Require sportsmanship and anti-violence training for staff and parents. A number of online training courses are available from sources including the National Alliance For Youth Sports which was one of the first organizations to introduce codes of conduct for coaches and parents.
Positive reinforcement involving some type of season ending reward for parents such as refunding their child’s registration fees.
State legislation which magnifies criminal and civil penalties for umpire/referee violence and other sports related violence.

Conclusion

The increasing frequency and severity of sports violence is on the radar screen of insurance carriers as an emerging risk. Carriers will likely want to see proactive anti-violence risk management measures. The most promising measures are education through published zero tolerance policies, codes of conduct, and strict enforcement of sanctions. Other carriers may want to add General Liability exclusions because it is not the intent of carriers to pay claims arising from assault & battery, gun violence, and drive by shootings for example.

Sources:

Violence In Youth Sports: Possible Preventative Measures And Solutions; Cheryl Danilewicz; Univ. of Nevada, Las Vegas

Preventing violence in youth sport and physical education: the NOVIS proposal

Parental Rage And Violence In Youth Sports

Players Health Active Shooter In Sport Guidebook, Oct. 2022