CHILD ATHLETE ABUSE SYNDROME, “A NEW DISEASE”

CHILD ATHLETE ABUSE SYNDROME IS A SHORT TITLE For
A CLUSTERING of CHILD (<18) or YOUTH (15-24) ATHLETE PHYSICAL and/or PSYCHOLOGICAL MALTREATMENT, ENDANGERMENT, SERIOUS INJURIES, PATHOLOGIES and/or DEATHS and/or SEXUAL ABUSE SECONDARY TO:

►PHYSICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► PSYCHOLOGICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► SEXUAL ABUSE
► FAILED CHILD CUSTODIAL PROTECTION
► NEGLIGENT COACHING CARE-GIVING SUPERVISION
► THAT WAS INFLICTED, CAUSED, CREATED, OR ALLOWED TO BE INFLICTIED, CAUSED, CREATED, DIRECTLY OF INDIRECTLY BY THE COACH.

CHILD ATHLETE ABUSE SYNDROME IS “MEDICALIZED”

• Medicalized: To identify or categorize a condition or behavior as being a disorder requiring medical treatment or intervention [Online-Dictionary]

• CAAS IS LEGITIMATE DIANOSIS WITH ICD-9 CODES because all child abuse is Medicalized. (ICD-9) “International Classification of Disease, 9th edition, Clinical Modification is a standardized classification of disease, injuries, and causes of death, by etiology and anatomic localization and codified into a 6-digit number, which allows clinicians, statisticians, politicians, health planners, health insurance and others to speak a common language, both US and internationally”. ICD-9s are used to bill medical insurance by Doctors.

PLEASE SEE THE CLINICAL PODCAST by linking to the URL, Universal Resource Locator or web address below:
http://www.athletesafety1st.com

Title: CHILD ATHETE ABUSE SYNDROME, “A NEW DISEASE”

Battered Child Synrome was reported in 1962. It evolved into Child Protection Laws. [“The Battered-Child Syndrome”, C. Henry Kempe, M.D.; Frederic N. Silverman, M.D.; Brandt F. Steele, M.D.; William Droegemueller, M.D. ; Henry K. Silver, M.D., JAMA. 1962;181(1):17-24.]

19 years later, in 1981 Dr. Edwin R. Guise and Dr. Richard M. Ball, in disapproval, first described the terms respectively:

“Forcing kids into sports is called “type of Child Abuse.” Some parents abuse their children by beating them, others by pushing them to succeed in sports to the point of serious injury.”

Dr. Edwin R. Guise of Henry Ford Hospital in Detroit calls it “Socially Approved Athletic Child Abuse.”

Dr. Guise has reported that “swimmers shoulder” is a condition so severe it requires surgery and is on the increase among teenagers who are team swimmers.

Another Bone Specialist Dr. Richard M. Ball of Plainfield, N.J. condemned the grueling training programs for adolescents as a “Battered-Child-Athlete-Syndrome”. Dr. Ball said teenage swimmers were developing serious should tendonitis that might require surgery.

Dr. Edwin R. Guise and Dr. Richard M. Ball are credited for the terms

“Socially Approved Athletic Child Abuse”

“Battered-Child-Athlete-Syndrome”
[Weekly World News, Jan 20, 1981, Health News]

Thirty years after the report of Battered Child Syndrome, April 29, 2011, Micheal B. Minix, Sr., M.D., this reporter, presented Child Ahlete Abuse Syndrome, “A New Disease” at the Athlete Abuse Summit, Omni Parker House, Boston, MA.

Additionally, Dr. Robert Cantu presneted “Concussion Awareness” at the Summit. There were other compelling expert presentations at the Summit.

Coaches are in charge of conditioning, boot camp, practice and games. Coaches should be familiar with Child Abuse Laws, the Rules of Law concerning Child and Youth who participate in Sports.

School Coaches are mandated by law with Child and Youth Protective Custody and Supervision transferred to them for Extra-Curricular Grade, Middle and High School Activities and Sports. Non-School Coaches have the same Duty to Children and Youth.

“The use of physical discipline, or corporal punishment, on children has a long and sordid tradition in America’s homes, schools and athletic programs.

The recent deaths of middle school, high school, college, semi-professional and professional athletes indicates that the use of excessive exercise and punishment by school officials and coaches can kill.”

“Athletic officials and the media attempt to spin athletic injuries and deaths as unfortunate byproducts of playing the game.

“Despite their spin, ‘coaches tweak and torque the athlete to see how far [they] can be pushed.’

“Today athletes are treated as superhuman-heroes who are expected to play even when hurt, sick or fatigued.”

“According to common law standards, public school teachers and coaches may impose reasonable but not excessive force to discipline a child.

“The use of excessive force or exercise to discipline a child violates that child’s substantive due process rights.”

[EXCESSIVE EXERCISE AS CORPORAL PUNISHMENT IN MOORE v. WILLIS INDEPENDENT SCHOOL DISTRICT - HAS THE FIFTH CIRCUIT "TOTALLY ISOLATED" ITSELF IN ITS POSITION? Author By Kristina Rico Villanova Sports and Entertainment Law Journal, Villanova University, CASENOTE: 9 Vill. Sports & Ent. L.J. 351. 2002]

Coaches have a Fiduciary Coach-Athlete Responsigility and Trust for Youth Athletes in College and the Olympics.

Ignorance of the Law and Overlooking the Law are no excuse and certainly no defense in Court.

The Bottom Line, Win-At-All-Costs Dysfunctional Sports Community including School Boards, School Officials, Fans, Media, Parents, Sports Medicine Doctors, High School and University Athletic Associations and Federations etc. have not included Child Protection, Supervision and Abuse Law into Educational Certification courses.

“Parens Patriae” Doctrine Grants Power and Authority of the State to protect minor Children, age less than 18, and other persons who are legally unable to protect themselves.

The Etymology of “Parens Patriae” is from Latin meaning Government is “Parent of the Nation”

“Parens Patriae” doctrine is the legal framework for theSpecial Standard of Child Care

◙ In U.S., the State is the “Supreme Guardian” of all Children
◙ If Parents, Guardians and Substitute Caretakers such as Coaches are Unable, Unwilling or Fail to Protect their Children or other Children when they are in the custody and control of Substitute Caretakers like Coaches
◙ The Government will Protect Child Safety and ensure proper Child Care
◙ The State has the power / authority to take action to Protect the Child from harm. [46.]
◙ Tripartite Relationship = PARENT + CHILD + STATE
◙ “Parens Patriae” Balances the Rights and Responsibilities among Parents-Child-State as guided by Federal Laws

Same Tripartite Relationship exists for the Coach
Coach-Caretaker + Child-Athlete + State
◙ It is Permissible for the Coach-Caretaker to use His/Her Methods of Coaching children in Sports, Recreation and Exercise (SRE)
◙ Providing the Coach complies with the Special Standards of Care issued by State for a Child

◙ The Tripartite Coach-Caretaker + Child-Athlete + State Relationship is In Effect during Practices, Camps, Over-Nights, Travel Teams, Closed Practices. (These are the “Be Vigilant for Parents and Guardians Venues”)

◙ For Children the Supreme Power of the State is in Effect On Every inch of Ground, Every Second of Time
in the United States and around the entire World

POSITIVE OUTCOMES FROM SPORTS PARTICIPATION

“Mahoney suggested that participation in voluntary, school-based, extracurricular activities increases school participation and achievement because it facilitates:

(a) the acquisition of interpersonal skills and positive social norms
(b) membership in prosocial peer groups
(c) stronger emotional and social connections to one’s school.

In turn, these assets should increase mental health, school engagement, school achievement, and long-term educational outcomes and should decrease participation in problem behaviors, provided that problem behaviors are not endorsed by the peer cultures that emerge in these activities.” [Mahoney et al]

“Participation in extracurricular and service learning activities has also been linked to increases in interpersonal competence, self-concept, high school grade point average (GPA), school engagement, and educational aspirations” [Elder & Conger, 2000; Marsh & Kleitman, 2002; Youniss, McLellan, & Yates, 1999], as well as to higher educational achievement, better job quality, more active participation in the political process and other types of volunteer activities, continued sport engagement, and better mental health during young adulthood [Barber, Eccles, & Stone, 2001; Glancy, Willits, & Farrell, 1986; Marsh, 1992; Youniss, McLellan, Su, & Yates, 1999]

Sports participation has been linked to lower likelihood of school dropout and higher rates of college attendance, particularly for low achieving and blue-collar male athletes (Gould & Weiss, 1987; Marsh & Kleitman, 2003; McNeal, 1995).

These studies provide good evidence that participating in extracurricular activities is associated with both short and long term indicators of positive development including school achievement and educational attainment. Some of these relations hold even after the other obvious predictors of such outcomes are controlled–giving us some confidence that these effects do not just reflect the selection factors that lead to participation in the first place.[Extracurricular activities and adolescent development. Journal of Social Issues, December 22, 2003, Eccles, Jacquelynne S.; Barber, Bonnie L.; Stone, Margaret; Hunt, James]

“How young people spend their time outside of school has consequences for their development.” Organized extracurricular activities, after-school programs, and youth organization have significantly escalated. Research reveals positive outcomes “of participation for academic, educational, social, civic, and physical development”.

Combining this with the potential for safety and supervision provided by organized activities while parents are working has increased local, state, and Federal authorities to increase these opportunities.

However, there is concern that these organized activities have become excessive for youth. “Over-scheduling” is thought to result from pressure from adults (parents, coaches, teachers) to achieve and attain long-term educational and career goals.
Others say the increase in these activities and outside pressures contribute to poor youth psychosocial adjustment and to undermine their relationships with parents and the function of the family circle

The study attemped to resolve the question. The result:

“(1) The primary motivations for participation in organized activities are intrinsic (e.g., excitement and enjoyment, to build competencies, and to affiliate with peers and activity leaders). Pressures from adults or educational/career goals are seldom given as reasons for participation;”

“(2) American youth average about 5 hours/week participating in organized activities. At any given time, roughly 40% of young people in the US do not participate in organized activities and those who do typically spend less than 10 hours/week participating. Many alternative leisure activities (e.g., educational activities, playing games, watching television) consume as much or considerably more time. However, a very small subgroup of youth (between 3 and 6 percent) spends 20 or more hours/week participating;”

(3) “Youth who participate demonstrate healthier functioning on such indicators ranging from academic achievement, school completion, post secondary educational attainment, psychological adjustment, and lowered rates of smoking and drug use, to the quantity and quality of interactions with their parents.

(4) Very high levels of involvement in organized activity participation (e.g., 20 or more hours/week), adjustment appeared more positive than, than youth who did not participate.

Participation is associated with positive developmental outcomes. for most youth. “The well-being of youth who do not participate in organized activities is reliably less positive compared to youth who do participate.”
[Organized Activity Participation, Positive Youth Development,
and the Over-Scheduling Hypothesis, Joseph L. Mahoney, Angel L. Harris, and Jacquelynne S. Eccles, Volume XX, Number IV, Social Policy Report, 2006]
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Balance, moderation, time management, appropriate parental support and proper Child Custodial Protection and Coaching Supervision and Athlete Safety First are necessary for Athlete-Centred Sports and Athlete Rights.

The negative outcomes of sports are the result of poor coaching, parental pressures and preventable, non-accidental sports injuries. [The Negative Effects of Youth Sports, Livestrong.com, Steve Silverman]

“Participation in organized sports provides an opportunity for young people to increase their physical activity and develop physical and social skills. However, when the demands and expectations of organized sports exceed the maturation and readiness of the participant, the positive aspects of participation can be negated.”

“The nature of parental or adult involvement can also influence the degree to which participation in organized sports is a positive experience for preadolescents. This updates a previous policy statement on athletics for preadolescents and incorporates guidelines for sports participation for preschool children. Recommendations are offered on how pediatricians can help determine a child’s readiness to participate, how risks can be minimized, and how child-oriented goals can be maximized.”

“To optimize the safety and benefits of organized sports for children and preadolescents and to preserve this valuable opportunity for young people to increase their physical activity levels, the American Academy of Pediatrics recommends the following:

1. Organized sports programs for preadolescents should complement, not replace, the regular physical activity that is a part of free play, child-organized games, recreational sports, and physical education programs in the schools. Regular physical activity should be encouraged for all children whether they participate in organized sports or not.

2. Pediatricians are encouraged to help assess developmental readiness and medical suitability for children and preadolescents to participate in organized sports and assist in matching a child’s physical, social, and cognitive maturity with appropriate sports activities.

3. Pediatricians can take an active role in youth sports organizations by educating coaches about developmental and safety issues, monitoring the health and safety of children involved in organized sports, and advising committees on rules and safety.
4. Pediatricians are encouraged to take an active role in identifying and preserving goals of sports that best serve young athletes.

5. Additional research and resources are needed to:
a. determine the optimal time for children to begin participating in organized sports;
b. identify safe and effective training strategies for growing and developing athletes;
c. educate youth sports coaches about unique needs and characteristics of young athletes; and
d. develop effective injury prevention strategies.”
[Committee on Sports Medicine and Fitness, 2000-2001, Reginald L. Washington, MD, Chairperson, PEDIATRICS Vol. 107 No. 6 June 2001, pp. 1459-1462, AMERICAN ACADEMY OF PEDIATRICS:Organized Sports for Children and Preadolescents, Committee on Sports Medicine and Fitness and Committee on School Health]

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SPORTS AND RECREATION FOR DISABLED CHILDREN

Physical activity, sports and recreation are universal languages and pastimes. Everyone understands their language and positive benefits. 3. 4. 5. 6.

The benefits from sports and recreation participation are universal for all children, including children with disabilities. Sports and recreation participation for disabled children and youth “promotes inclusion, minimizes deconditioning, optimizes physical functioning, and enhances overall well-being.” 1.

Disabled children who participate will improve social interaction, good health habits, diet, quality social relationships, economic growth and physical and mental well being. Regular exercise will reduce obesity, diabetes and heart disease to name only a few of the medical positive outcomes. 2.

“Despite these benefits, children with disabilities are more restricted in their participation, have lower levels of fitness, and have higher levels of obesity than their peers without disabilities.”

Pediatricians and parents may overestimate the risks and overlook the benefits of physical activity in children with disabilities. Each child’s participation must made after well informed parents consider children’s overall

• health status
• individual activity preferences
• safety precautions
• appropriate programs and equipment availability 1.

Even after parents understand the many benefits of children’s participations and are sold on sports and recreation activities, families must identify other family limitations and barriers, such as financial and societal obstacles to participation.

The cost for sports and recreation participation, including cheer, tumbling and gymnastics, is often cost-prohibitive. The family’s financial burden is often significantly greater than they have funds for the endeavor.

In addition, all hindrances need to be directly identified and addressed from the perspective of local, state, and federal laws such as Americans with Disabilities Act.
Some Camps ans Associations envision an alternative solution for the financial burden of cheer, tumbling and gymnastics participation for disabled, disadvantaged, indigent children, a health disparity population.

Thoughtfulness is aimed at caring for the development of the health and welfare of children and their potential can be enhanced through

• Philanthropy
• State and federal grants

These two resources are crucial. Private philanthropic initiatives and state and federal grants for children’s good, that focus on disabled children’s quality of life, are ancient traditional global initiatives. Philanthropy and grants are fundamental humanist core values.

Every disabled child is important and unique, Each child deserves to be treated fairly with compassion and humanity. The cooperation of all people are necessary for disabled children’s health, welfare, development, human rights, peace and justice.

“Pediatricians are urged to promote the participation of all children with disabilities in competitive and recreational sports and physical activities. The benefits are substantial.” 1.

References
1. Promoting the Participation of Children With Disabilities in Sports, Recreation, and Physical Activities by Nancy A. Murphy, MD, Paul S. Carbone, MD and the Council on Children With Disabilities PEDIATRICS Vol. 121 No. 5 May 2008, pp. 1057-1061 (doi:10.1542/peds.2008-0566)
2. Athlete Safety 1st, Micheal B. Minix, Sr., M.D.
3. Education.com; The Benefits of Team Sports; Lucy Rector Filppu
4. “The Sunday Times”; All Together Now — The Unifying Power of Sports; Simon Barnes; July 2007
5. UN News Centre: UN Envoy Stresses Role of Sports as Unifying Force Among Nations, Peoples; June 2008
6. “L.A. Times”; Sports Show the Power to Unify; Diane Pucin; February 2010

THE 4 R’S OF COACHING

RESPECT, RESPONSIBILITY, RELATIONSHIP RECOGNITION

I. Respect

Coaches have a duty for the protection, safety, health, care, welfare and Human Rights of their Athletes. They should have a devotion-to and the highest regard for the humanity of their Athletes. Coaches are to regard and recognize the human dignity of their players. Coaches must pay attention, be compassionate recognize Athletes’ human value. Coaches should be considerate of players and athletes by treating them as humans. Coaches should 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.”

II. Responsibility

Coaches have an obligation of oversight for the Physical, Psychological (Emotional) well being of their Athletes during the administration of their coaching duties. Coaches must develop and implement responsible coaching policies and standards of Safety 1st.

Coaches are accountable and hold an important position and Fiduciary duty of Trust by the players and athletes. Coaches have a designated authority for the proper care of their players and athletes.

The Core of Coaching is Trust.

III. Relationships

Coaches should develop a positive relationship with their Athletes and develop an excellent level of mutual understanding and trust with good interpersonal communication.

Devoting time for each player and athlete, the Coach will develop a positive relationship learning about each Athlete’s Ambitions, Abilities and Skills. Coaches develop a positive relationship by taking a personal interest with plans and techniques for each Athlete’s individualized improvement of play.

IV. Recognition

Coaches should acknowledge and recognize 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.

WHERE’S THE WILL TO ENFORCE CHILD AND YOUTH ATHLETE ABUSE LAWS AND JUSTICE AND THE WILL TO PREVENT THE RISKS TO BOTH ATHLETES AND COACHES?

Let’s be clear. Teachers and Coaches have no immunity for Criminal Child/Youth Abuse. No one on any square inch of earth is exempt and/or excused from Child/Youth Abuse Crimes and Cruelty to Young Athletes.
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“A tort is a civil wrong–a violation of a duty–that causes harm.

“In the U.S. judicial system, an individual who is injured by a breach of duty can sue the other person to collect compensation for that injury. There are basically three types of civil wrongs.”

• Intentional torts include trespass, assault, battery and defamation.
• Unintentional torts include negligence and strict liability. Strict liability is when someone is held liable, even though they are not at fault. It is often used when an individual is engaged in an ultrahazardous activity.
• Constitutional torts occur when a government agent has violated an individual’s constitutional rights.

“Some intentional torts also can be crimes, and a tort-feasor can be required by a civil court to pay money damages to compensate the injured person and also be required by a criminal court to pay a fine or suffer imprisonment.

“Negligence differs from these in that it is an unintentional tort. It occurs when one person unintentionally causes an injury to another through a breach of a duty or violation of a general standard of care.

“The general standard of conduct is conduct that reasonable people may expect others to observe as they go about their daily lives. Negligence is the failure to exercise due care when carrying out a duty or subjecting another to a risk that causes harm. A negligent tort is a tort that, although not intended, was committed in disregard of the rights or reasonable expectations of another person. This is the area of tort law that has given rise to the most litigation.

“The money a tort-feasor must pay to compensate the accuser for the harm the accuser has sustained is called damages. Factors for which money damages are awarded in a tort case include property damage, medical expenses, pain and suffering, and lost wages. If the conduct of the tort-feasor is a particularly outrageous or offensive violation of the reasonable standard of conduct expected, the civil court will add to its award of regular damages to the injured person and amount of money known as exemplary, or punitive, damages. The damages constitute a civil, or private, fine against the tort-feasor and are analogous to the fines imposed by a criminal court.

“The sixth edition of Black’s Law Dictionary defines negligence as “the omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable or prudent man would not do.”

“Schools and their employees are not automatically responsible for every injury that may occur within the school. In order to be held liable for negligence, the following four questions must be answered in the affirmative:

1. Did the defendant owe a duty to the plaintiff?
2. Did the defendant breach that duty?
3. Was the plaintiff injured?
4. Was the breach the proximate cause of the injuries?

“Further, there can be no defenses to the action. Generally speaking, to recover damages, it must be shown that the defendant owes a duty to the injured person, that the behavior fell short of that required, that this caused a real injury to the person, and that the injured person was not responsible for causing the injury.
Duty

“There is a duty of due care that the law recognizes one person owes to another. This duty may arise from a contract, a statute, common sense, or a special relationship the parties have to one another. Regarding students, the courts have found that schools and their employees have the duty to supervise students, provide adequate and appropriate instruction prior to commencing an activity that may pose a risk of harm, and provide a safe environment. Usually, that duty extends to students while they are in the custody or control of the school. Schools may have a duty to supervise students off school grounds when they have caused them to be there such as while on field trips or extracurricular events.

“Schools may have a duty to supervise students on school grounds before and after school when they have caused them to be there, for example, when the bus drops them off. A duty can be extended if a person assumes additional responsibilities, such as assuming the duty to supervise students before and after school. (Extracurricular Sports) Schools may acquire a duty to supervise when they have, by their previous actions, assumed the duty to supervise at this time such as when some staff has supervised intermittently or consistently before official time to arrive.

“Schools also have a duty to warn of known dangers even when they do not have a duty to supervise. In the general workforce, a supervisor, and ultimately the company, is responsible for the negligent acts of employees under the doctrine of respondeat superior. However, in education, generally no one is automatically responsible for the acts of another. School administrators are not automatically responsible for the negligent acts of teachers. In school situations, usually a plaintiff must find a separate duty on the part of each defendant.

Breach of Duty
“Once a duty has been established, the injured individual must show that the duty was breached. The duty has been breached when the individual unreasonably fails to carry out the duty.

“In carrying out duties, one is expected to act as an ordinary, prudent, and reasonable person considering all of the circumstances involved. The court or jury makes a determination of how the reasonable person would have acted; if the individual did less, he or she is found negligent.

“The standard varies for professionals; for example, a reasonable teacher or principal. Defendants who are professionals will be held to a standard based on the skills or training they should have acquired for that position. Thus, the question to be answered is: What would the reasonable professional have done under the same or similar circumstances?

“The standard varies also with the individual circumstances of the situation. Each situation gives rise to a unique set of circumstances. Some of the factors which may be considered in determining the standard of care include the following:

• Age and maturity
• Nature of the risk
• Precautions taken to avoid injury
• Environment and context (including characteristics of students, location, physical characteristics, and so forth)
• Type of activity
• Previous practice and experience

“In determining negligence, children are not held to the same standard of care as adults; instead their actions must be reasonable for a child of similar age, maturity, intelligence, and experience. Some states further classify children according to a presumption of capabilities. In those states, children under seven are not held responsible for negligence or unreasonable acts. The noted exception, however, is that a child may be held to an adult standard of care when engaged in an adult activity, for example, driving a car or handling a weapon.

Injury
“The plaintiff must show an actual loss or real damage, for instance a physical bodily injury or a real loss. Compensation may include direct monetary damages for medical expenses, replacement of property, lost wages, and so forth.

“The plaintiff may recover also for intangible injuries, such as pain and suffering, and emotional distress. In some situations an intangible injury is sufficient for recovery. However, there are states that require at least a physical manifestation of an injury if there are no tangible injuries. [Liability of School Districts and School Personnel for Negligence - Duty, Breach of Duty, Injury, Causation, Defenses,"

Malpractice, “http://education.stateuniversity.com/pages/2178/Liability-School-Districts-School-Personnel-Negligence.html#ixzz1cU6IQf1C
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All states have statutes for Criminal Behavior. The definition Recklessness In Kentucky for example:

(4) "Recklessly" -- A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. [KRS 501.020 Effective: January 1, 1975]
.
The reasonable person doctrine (historically reasonable man) is an objective standard against which any individual’s conduct can be measured. It is used to determine if a breach of the standard of care has occurred, provided a duty of care can be proven.
The reasonable person standard holds: each person owes a duty to behave as a reasonable person would under the same or similar circumstances.[1][2] [1. Brown v. Kendall, 60 Mass. 292 (1850)]

“In certain professions, the standard of care is determined by the standard that would be exercised by the reasonably prudent professional in that line of work.

“Medical standard of care is a standard of care is a medical or psychological treatment guideline, and can be general or specific. It specifies appropriate treatment based on scientific evidence and collaboration between medical and/or psychological professionals involved in the treatment of a given condition.

“In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.

“It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability.

“The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law).

“Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. [Wikipedia]

“While athletes may consent to undertake a wide variety of risks inherent to their particular sport, there are certain risks which they may not necessarily assume.”

Non-Accidental, Preventable Sports Injury are Injury and/or Death from Risks, Mistreatment, harm, abuse and Human Rights violations that are NOT Inherent or Natural to the Games Athletes Play

• PEMISSION TO PARTICIPATE IS NOT GRANTED by the Parent or Guardian for Children FOR THESE RISKS that are NOT Inherent to the games they PLAY

• PEMISSION TO PARTICIPATE IS NOT GRANTED by the Youth and Adult Athlete FOR THESE RISKS that are NOT Inherent to the games they PLAY

• The Parent, Guardian and Participant do not waive or release claims based upon unlawful endangerment, maltreatment and abusive misconduct by the Coach

Preventable, Non-Accidental Injuries are Injuries, Deaths, Human Rights Viloations and Sexual Abuse not inherrent or natural to the games that were/are played.

“the duty owed athletes takes the form of giving adequate instruction in the activity, supplying proper equipment, making a reasonable selection or matching of participants, providing non-negligent supervision of the particular contest, and taking proper post-injury procedures to guard against aggravation of injuries. [Leahy v. School Board, 450 So.2nd 883, (Fla. Dist. Ct. App. 1984)]”

“Several other courts have defined the duty of care owed by coaches and high schools to student-athletes. In Kahn v. East Side Union High School District, 75 P.3rd 30, (Cal. 2003), the court stated that a coach will breach his duty to a student-athlete if the coach “intentionally injures the student or engages in conduct that is reckless in the sense that it is ‘totally outside the range of the ordinary activity’ involved in teaching or coaching the sport.”

“Coaches must provide proper supervision, training, and instruction. Coaches should take measures to ensure that players follow the rules of the game in an effort to avoid injuries. Coaches must warn against all known dangers or dangers that should have or could have been discovered in the exercise of reasonable care. In addition, coaches must supervise their players in proportion to how dangerous the activity is. The more dangerous the sport, the greater the responsibility the coach bears.”

“In addition, coaches may be found liable if an injured player was not provided with the proper protective and safety equipment and, even further, the coach must see to it that the athlete was properly instructed as to the appropriate use of this equipment. A coach must also see that the equipment is properly maintained so that its effectiveness is maximized.”

“A coach may never be free from all potential theories of liability, but a coach can protect himself or herself by using reasonable care and ensuring that athletes under his or her supervision are fully prepared, and protected, before stepping foot on the field or court” [Assessing a Coach's Liability for Injury to the Student-Athlete By Robert J. Romano, Esq.]
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• Unfortunately, both Athletes and Coaches are at Risk following reckless, negligent Coaching Behavior because Athletes can be seriously injured, suffer fatality, sustain Human Rights violations or are sexually abused and Coaches are at Risk for Criminal anc Civil Litigation.

• Crossing the line by pushing and punishing Athletes beyond their Physical and Emotional limits and Abusing Athletes are abnormal behaviors, unnecessary and preventable in Competitive Sports. These activities are not inherrent or natural to the games that are played.

• Sadly, when Coaches cannot restrain themselves from Criminal Behaviors, Criminal Prosecution with or without conviction of Offenders or the threat thereof, is the most effective deterrent to endangerment, maltreatment, neglect and abuse and human rights disorders of Child and Youth Athletes.

• Education of the Coach and Athletic Community about the likelihood, probability and chance of Criminal Prosecution of the Coach or other Offenders following abnormal Coaching Behaviors causing Harm to Athletes is the most effective deterrent to the Risk of Criminal Prosecution and Civil Suit and Litigation of even the Coach.

• “General Deterrence Theory: People will engage in criminal and deviant activities if they do not fear apprehension and punishment. General deterrence theory focuses on reducing the probability of deviance in the general population. Examples: Drunk-driving crackdowns, special gang-related crime task forces and police units, publication and highly visible notices of laws and policies (Notice: Shoplifters will be prosecuted to the fullest extent of the law), and the death penalty.” [Rational Choice and Deterrence Theory, Sociology of Deviant Behavior, Sociology 200-Robert Keel, Instructor, The Evolution of Classical Theory]

At Issue:

• The only gauge of justice that citizens have to protect their children, loved ones or themselves are the Rules of Law.
• All Citizens serve the Rule of Law.
• All Citizens are entitled to Equal Justice Under the Law, coined by Chief Justice Melville Fuller. [In the case of Caldwell v. Texas in 1891] Fuller wrote about the Fourteenth Amendment as follows: “By the Fourteenth Amendment the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or classes of persons of equal and impartial justice under the law. [1. Peccarelli, Anthony. "The Meaning of Justice", DuPage County Bar Association Brief (March 2000)] [2.Caldwell v. Texas, 137 U.S. 692 (1891)]
• National Center for Athlete Safety Medical-Legal Partnership (NCASM-LP) promotes, advocates and targets change of current Government and Public Health inaccurate administrative policies concerning Child and Youth Athlete Safety.
• Child and Youth Athlete Protective Laws must be reaffirmed, validated and enforced, by those who have ignored and overlooked them in the past, as the Supreme Rule. The opportunity for Justice is in the Will to Enforce Equal Protection for Child and Youth Athletes.
• NCASM-LP will pursue legislative change by starting the discussion between constituents and members of the general assembly about Child and Youth Athlete Safety 1st
• The lawful changes targeted include enforcement of the Child Abuse Prevention and Treatment Act 1974 most recently amended and reauthorized as the KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003 PUBLIC LAW 108–36 that has ignored, overlooked and omitted Child and Youth Athlete Maltreatments, Endangerments and Abuse.
• Government should enforce already existing current law for all vulnerable, violated, at risk populations, including Athletes.
• Stop the “Socially Approved Athletic Child Abuse” and
“Battered-Child-Athlete-Syndrome described by Dr. Edwin R. Guise and Dr. Richard M. Ball, respectively, who coined the terms in 1981.
• NCASM-LP aims to influence improvement in public health policy and government resource and response allocations within government, public health, political, economic and social systems and institutions.

CHARGES OF CRIMINAL ABUSE AND NEGLECT AND PROTECTION OF CHILDREN IN COURT

 There must be an elimination of the Justice Systems’ jurisdictional confusion that allows parallel jurisdiction exclusively for Child Athlete Abuse Syndrome in Adult Criminal Court
 There must be Intervention by Juvenile and Family Court Systems asserting Child Athletes witness and defendants Rights.
 There must be Administration of Justice for Abused and Negligently Supervised Child and Youth Athletes, even if, as the law provides, charges have been pursued in Adult Criminal Court. That is not Double Jeopardy.

JUVENILE AND FAMILY COURTS SERVE A DUAL PURPOSE

1. Punish Juveniles when they commit a Crime
2. Punish Adult offenders who commit Crimes against Children and Youth

 Juvenile and Family Courts have exclusive jurisdiction for all types of Child Abuse and Neglect:
 the Juvenile session of the District Court or the Family division of the Circuit Court Shall have exclusive jurisdiction for Children OR Youth less than 18 years and who allegedly are neglected, or abused; KRS 610.010
 The Burden of Proof for Criminal Child Abuse is less than charges in Adult Criminal Court.
 The County Attorney or Prosecutor can file charges of Criminal Child Abuse in Juvenile and Family Court.
 In Adult Criminal Court, the County Attorney or Prosecutor must bring the case to the Grand Jury for an Indictment.
 “In cases where criminal charges arising out of the same transaction or occurrence are filed against an adult alleged to be the perpetrator of child abuse or neglect, such charges shall be tried separately from the adjudicatory hearing held pursuant to this chapter.” KRS 620.120.
 In other words there can be collateral or parrallel Court Cases in Juvenile or Family Court and Adult Criminal Court.
 Adjudication did not occur in Family or Juvenile Court independent of the other criminal adjudication in Jefferson Criminal District Court in the Death case of Max Gilpin.
 Attorneys did not prosecute the case in Jefferson Juvenile Court.
 Children have special needs during court proceedings. Thus the concept for Child Protection and Human Right of the Child in Juvenile and Family Courts.
 An example is the Coach Stinson Criminal Case: Children witnesses were paraded across the witness stand in a trial that was open to the public and video streamed by the Courier Journal newspaper over the Internet. Children’s testimonies appeared hesitant, altered and absent by their inappropriate examination and their public display.
 Children Witnesses public exposure and spectacle were unfortunate.
 That is the reason all types of Child Abuse and Neglect are the exclusive jurisdiction of Juvenile and Family Court. These Courts are not open to the public; No TV or publications. The Human Rights of all Children are protected.
 All Children have Rights in Court i.e. Defendants, Plaintiffs, Witnesses, every Child
 Juvenile and Family Courts have been created to take care of the special needs of All Children and protect Children’s Rights during a Child Abuse proceeding.
 Child Victims, Offenders and Witnesses’ Rights are protected.

EXAMPLE

 If a 15 year old High School Football Athlete with Exertional Heat Stroke and Acute Respiratory Distress Syndrome, ARDS from Ozone, is examined and treated in the Emergency Department, because of the nature of the Injury and the Extreme Weather Conditions, the hospital notifies the CPS Child Protective Services.
 CPS, in turn, notifies the police. The agency initiates and investigation that results in proceedings in Juvenile/Family Court.
 It can be that at the same time after a criminal investigation by the County Attorney or Criminal Prosecutor initiates felony proceedings in Adult Criminal Court.
 In such cases there are often two separate, simultaneous court proceedings involving the same victim, the same alleged Adult Offender, and to a large extent, the same incidents of maltreatment.
 Unless there is coordination between these two proceedings, there are duplications of effort, inconsistent decisions, wasted resources, and needless trauma to child victims and child witnesses. Coordination is needed at all stages: investigation, case preparation, and litigation. Currently, proceedings for Criminal Child Abuse in any setting, including Sports and Athletes, are sometimes a rat maze.
[Coordination of Juvenile and Criminal court Child Abuse and Neglect Proceedings, by Marcia Sprague and Mark Hardin, University of Louisville Journal of Family Law Volume:35 Issue:2 Dated:(Spring 1996) Pages:239-324]

 Doctors and others with knowledge concerning the incident, in good faith, are mandatet to Properly Report Serious Injuries and/or Deaths Resulting from suspected Child Athlete Abuse or Neglect to the County Attorney and Child Protective Services.
 Detailed Investigation of Injuries and/or Death by Child Protective Services, [CPS], County Attorney, others depending on the state.
 Statutory Adjudication of Child Athlete Abuse and Neglect in the JUVENILE/FAMILY COURT SYSTEMS or collaterally in both Juvenile/Family Court and Adult Criminal Court.

THE COACH IS AT THE CENTER OF PREVENTABLE, NON-ACCIDENTAL CHILD AND YOUTH ATHLETE INJURIES AND DEATHS.

SIMPLY PUT, THESE ARE INJURIES AND DEATHS THAT ARE NOT INHERRENT OR NATURAL TO THE GAME THAT THE ATHLETE WAS PLAYING WHEN INJURED.

Physical and Psychological Injuries can discourage Sports Participation. “Millions of children enter organized sports programs athletically unprepared every year, often with disastrous results..…. children suffer when they are unable to meet the expectations of coaches, parents and especially themselves. [Start Smart: sports development is a Start Smart for children – April, 1996 by Greg Bach, BNET]

“Children’s importance for society is reflected in an old adage ‘children are our future.’ Everything in society depends on what becomes of children. The quality of children’s lives determines the quality of society’s future, its people, culture, politics, and economics.…… One would assume that because of this, society is to give primary consideration to the situation and welfare of children today”….

“However, our children don’t appear, from our behaviors, to be our primary concern. Children remain a low-priority issue for governments……”. The magnitude of Child Abuse and Neglect and Child Sports Preventable, Non-Accidental Injuries supports the grim issue, currently demanding attention.

Children, under 18, constitute about one quarter (25% imagine) of the world population. Yet, “CHILDREN LINGER IN THE BACKYARD OF SOCIETY. The most authoritative international documents confirm this.” [Electronic Journal of Sociology (2004), ISSN: 1198 3655 Children's Suffrage as a Key Way of Improvement of Children's Well-being in an Age of Globalization, Leo Semashko]

Some unfortunate Child Athletes, under 18, linger even beyond the Backyard of Society. When it comes to Child Athlete Protective Custody and Proper Child Athlete Supervision, rather than being Protected and Properly Supervised, about 20% of Child Athletes seemingly are tethered like rented mules to the Coaches Plowline in the Athletic Plow Fields of America……. The disciples of “Old Time” Plowline Coaches are the Coaches that need to be Educated, Regulated and, when that fails and they behave badly, litigated. The Child Athletes in these ill-fated circumstances are the Children with whom advocates have become worried. Prosecution is the main deterrent for Crimes Against Children.

“Sports Builds Good Character……When Good Characters are Coaching the Sport” [Plowline Coaches, Mules and 100 Yards of Cotton, Micheal B. Minix, Sr., M.D.]

Juvenile and Family Courts’ Non-existent Judgments confirm this societal problem. Physically and Psychologically (Emotionally) Abusive and Negligently Supervising Coaches have not been satisfactorily Educated and Regulated and have never been Adjudicated and Convicted in Juvenile and Family Court (where Exclusive Authority is Statutory for suspected Child Abuse and Neglect Injuries or Death). In contrast, Child Athlete Sexual Abuse has been appropriately prosecuted there, occasionally.

20% of Child Athletes are at risk for different types of abuse, neglect, violation and/or exploitation in competitive sports. [Paulo David, U.N.]

As long as Child and Youth Athletes compete and win, some Coaches will beat and treat them like rented mules. The Dysfunctional Athletic Communities that support that breed of Coach, turn a Blind Eye to the events in the Athletic Plow Field and the Maltreatment of Child Athletes. This is the heart of the Comprehensive Model of Child Athlete Abuse and Neglect.

Non-Accidental, Preventable Child Sports Injuries are Injuries and/or Deaths that are NOT due to Inherent Risks of the Game or Natural to the games that Athletes play. Accidental Injuries and/or Death ARE the result of Inherent Risks that are Natural to the games.

Preventable, Non-Accidental Injuries must cease, so that organized sports will contribute its share for Child Physical Fitness and the sustainability of Sports will continue as we should know them, once we right their course.

By age 13, many Children drop out of youth sports. The top three reasons: adults, coaches and parents. Yet, a massive number continue to participate. [ Safe Kids USA Campaign Web site. 2009]

“Youth Athletes spend an average of 326 hours of practice time per season under the supervision of their Coach, dwarfing time spent with teachers, health educators and physicians.

“Injury Prevention, in the growing Athlete, Centers on the Principles of Effective Coaching, Proper Training Habits, maintenance of flexibility and consistent use of Correct Biomechanics.”[Youth Sports: A Pediatrician's Perspective on Coaching and Injury Prevention, Michael C. Koester, MD, ATC, J Athl Train > v.35(4); Oct–Dec 2000, Good Shepherd Community Hospital, Hermiston, OR]

The Elephant in the Sports Arena, at the Center of Non-Accidental, Preventable Child Sports Injuries and Death is the Head Coach.

What Coaches do not understand is that they are at risk for Criminal Prosecution and Civil suit and litigation after Abnormal Coaching Behaviors that result in serious injuries and/or deaths and sexual abuse.

STATISTICS

There are many benefits for Children when they “Play It Safe”. However, in recent years, Sports Participation has evolved with serious costs and consequences to Children’s Human Rights in Youth Sport, They are:

o Over-training
o Physical, psychological (emotional) and sexual abuse
o Doping and medical ethics
o Deficient education
o Child labor
o Lack of accountability of governments, criminal justice, high school athletic associations, sports federations, coaches and parents [Paulo David, UN]
There are 75,200,000 children less than 18 years old in the United States in 2010. [http://www.childstats.gov/americaschildren/tables/pop1.asp]

About 20 million American children ages 6 through 16 play organized Non-School Sports. About 25 million youth play competitive School Sports.
.
About 45 million kids ages 6 through 18 participate in at least one School or Non-School Sports. [Marianne Engle, Ph.D., sports psychologist and Clinical Assistant Professor at the NYU Child Study Center, interview, 2010]

In the United States every year 9,000,000 children are at risk for different types of abuse, violation and/or exploitation in competitive sports, using the estimated (20% of 45,000,000 = 9,000,000) risk of Paulo David, Officer in Charge Human Rights Treaty Division, U.N. High Commissioner for Human Rights, who is regarded as the International expert.

Approximately 3 million children and adolescents ages 14 and under get hurt annually playing sports or participating in recreational activities.

Although death from a sports injury is rare, the leading cause of death from a sports-related injury is a brain injury.

Sports and recreational activities contribute to approximately 21 percent of all traumatic brain injuries among American children and adolescents.

More than 775,000 children and adolescents ages 14 and under are treated in hospital emergency rooms for sports-related injuries each year.

EXAMPLES OF CHILD AHLETE ABUSE AND NEGLECT

100% of the following categories of Child Athlete Injuries are not inherent to the game in which the Child Athlete participates, are Non-Accidental and Preventable, are often Catastrophic Child Athlete Injuries and/or Death and usually the result of the Head Coach’s Child Athlete Abuse or Negligent Supervision:

Injuries from Required athlete doping
Exertional Heat Illness or Exertional Heat Stroke from Withholding water causing dehydration
Exercise to Exhaustion causing Rhabdomyolysis and other conditions
Strenuous Exercise during an Air Alert precipitating Asthma Attack, Ozone Toxicity or other Toxic Inhalation Disorders
Requiring practicing or participating in game while seriously injured
Improper Medical Consultation and Treatment
Failure to Recognize and Mismanagement of Concussion
Sexual Athlete Abuse
Practicing or participating in game during Dangerous Environmental Conditions i.e. Heat, Cold, Air Alert, Electrical and other Storms, dangerous playing surface
Physical Assaults
Overexercise / Over-training causing Stress Fractures and other conditions
Distribution of Faulty equipment that results in serious injuries or death
Allowing Child Athletes to participate in sports knowingly with injuries, disease or sickness

PERSONAL EXPERIENCE FROM STUDY: HOW TO RECOGNIZE CHILD ATHLETE ABUSE AND NEGLECT AND THE SIGNS OF THE ABUSIVE, NEGLIGENT COACH:

Publicly Humiliated and Embarrassed Athletes
No Positive Relationship
Screamer / Yells Continuously
Disgraced
Played Head Games
Dishonest
Not Trustworthy
Brainwashed to Play Out of Fear of the Coach
Brainwashed not to Play Out of Love of the Game
No or Improper Medical Treatment
Played while Seriously Injured
NIGYYSOB – Dr. Eric Berne, Games People Play
Never Good Enough
Win-At-All-Costs
Always Negative
Self-Centered
Delusions of Grandeur. Thought he was Bear Bryant.
Interested in only His Needs and Accomplishment
Totalitarian / Commando / Total Sport
Manipulated / Micromanaged
Excessive Training as Punishment
Closed Minded / Not Open to Suggestion by Superiors and Colleagues
Physically and Psychologically (Emotionally) Abusive
Negligent Supervision
Paid No Attention and Ignored
Bullied
Coached Creating Fear and Intimidation
Did not Communicate
No constructive Individual Attention
Master of Feel Bad Emotions, Coached Playing Out of Guilt
Bad Role Model
Insecure, Emotionally labile
Disrespected, Hated
Destroyed the Love of the Game
Called Every Athlete Derogatory Names – Turd, Shave Tail, AO
[“A Longitudinal and Retrospective Study of The Impact of Coaching Behaviors on the 1961-1962 University of Kentucky Football Wildcats”, Kay Collier McLaughlin, Ph.D., Micheal B. Minix Sr. M.D., Twila Minix, R.N., Jim Overman, Scott Brogdon]

HOW COMMON ARE ABUSE AND NEGLECT IN CHILD SPORTS?

The Minnesota Amateur Sports Commission conducted a survey in 1993 and found the following incidences of abuse in sports in Minnesota:

• 45.3% of males and females surveyed said they have been called names, yelled at or insulted while participating in sports.
• 17.5% of Athletes surveyed said they have been hit, kicked or slapped while participating in sports.
• 21% said they have been pressured to play with an injury
• 8.2% said they have been pressured to intentionally harm others while playing sports.
• 3.4% said they have been pressured into sex or sexual touching,
• 8% of all surveyed said they have been called names with sexual connotations while participating in sports.

Shakeshaft estimates that 1%-2% school coaches are sexual abusers. The percentage of Non-school coaches is much higher.

Applying that rate to the NAYS estimate of 3 million volunteer and school coaches in the United States would produce about 6,000 coaches nationwide with records of sexual abuse.

That 6,000 are only the coaches who have been convicted or are being tried. As many as 94 percent of children who are sexually molested never report the incident, according to Hofstra University education professor Charol Shakeshaft, who studied cases in New York State. No one knows how many exist, without records, who will never be caught [Violation Of Trust / When young athletes are sex-abuse victims, their coaches are often the culprits Date: 6/9/02 Author: Michael Dobie, Publication: Newsday. http://www.taasa.org/library/pdfs/TAASALibrary192.pdf]

“In the clear-cut cases of sexual abuse in schools that she studied, Shakeshaft said, the two largest groups of school abusers were coaches and band directors. Most experts believe sexual abuse by coaches is even more common in youth sports, where there is less supervision, monitoring and control, and where it is easier to cover up such allegations.

“Prevalence numbers locally are hard to come by. Shakeshaft estimates that 1 to 2 percent of teachers and, by extension, school coaches are sexual abusers

● Child sexual abuse occurs to as many as 25 percent of girls and 14 percent of boys before they reach 18 years of age. Child Athlete Sexual Abuse occurs from 16 to 40% of Athletes depending on the study referenced and those numbers are conservative because of the taboo.

“Growth plate injuries to long bones of youth athletes are often due to over use and over practice, poor coaching techniques.”[The Center for Orthopedics and Sports Medicine.

Both Accidental Injuries that are inherent to the sport and Non-Accidental Injuries that are not inherent to the sport, are often lumped together, even though their causes are profoundly nothing like the other.

• According to the CDC, more than half (>50%) of all sports injuries in children are preventable (Non-Accidental). [Keeping Kids Safe in the Game GLOVERSVILLE, NY (08/23/2010)(readMedia)-- Nathan Littauer Hospital in conjunction with STOP Sports Injuries, http://readme.readmedia.com/Keeping-Kids-Safe-and-in-the-Game/1697556]
• There is a growing epidemic of preventable youth sports injuries that are dismantling kids’ athletic hopes and dreams at an early age.
• This increase in play has led to some other startling statistics about injuries among America’s young athletes.
• Sports injuries can cause permanent damage and increase the chances of surgeries and arthritis later in life. Disability. Health Care Burden. Cost when adults.
• If an injury does occur, early identification and proper treatment is the key to a successful recovery. Armed with the correct information and tools, today’s youth athletes can remain healthy, play safe, and stay in the game for life.

During our football Reunion, 1961-1962 University of Kentucky football team, June 2008, conducted a study: see below

Additionally, Physical Abuse injuries from Abnormal Coaching Behaviors and Maltreatment are listed in the study.Frank Deford, Sports Illustrated, said it was the only study of its kind from his knowledge.

The Psychological damage found was that each player who participated in the study suffered from Post Traumatic Stress Disorder. (PTSD). Each Football Athlete suffered Anxiety Reactions during the past 50 years, following severe Physical and Psychological Athlete Abuse and Neglect.

The UK Football Athletes in 1961-1962 were 17 to 19 years old. “A Longitudinal and Retrospective Study of The Impact of Coaching Behaviors on the 1961-1962 University of Kentucky Football Wildcats”, Kay Collier McLaughlin, Ph.D., Micheal B. Minix Sr. M.D., Twila Minix, R.N., Jim Overman, Scott Brogdon

Garbino et al., in their extensive work in the area of emotional abuse of elite athletes, identified 8 key behaviors as being indicative of emotional abuse. These are belittling, humiliating, shouting, scapegoating, rejecting, isolating, threatening, and ignoring.

Participants reported feeling stupid, worthless, upset, less confident, humiliated, depressed, fearful and angry as a result of the behavior of their coaches.

The findings suggest that the behavior of coaches is a threat to the psychological well-being of elite child athletes.[NCJRS Abstract, National Criminal Justice Reference Service, Emotional Abuse of Elite Child Athletes by Their Coaches, Child Abuse, Volume:13 Issue:3 Dated:May-June 2004 Pages:215 to 223, Misia Gervis; Nicola Dunn, 05/2004, United Kingdom]

The above was the only report of Child Athlete Abuse in the National Criminal Justice Reference Service. The Child Athlete Abuse research and information highway in the Criminal Justice System is a mere buffalo trace where Child Athletes are concerned.
In 2008: “Football sends 1,024,022 kids to doctor’s offices, emergency rooms and hospitals. (@ 50% CDC = 512,011 were Non-Accidental and Preventable)

Soccer is next on the list, with 368,726 injuries for that same age group. (@ 50% CDC = 184,363 were Preventable)

Cheerleading was the cause of 75,307 injuries.(@ 50% CDC = 37,653 were Preventable)

Data from the Consumer Product Safety Commission shows that rates of injuries from cheerleading accidents were 5,000 in 1980. [Miller Bohn]

In addition, the leading cause of catastrophic injuries in female athletes is cheerleading, according to The National Center for Catastrophic Sports Injury Research.They account for approximately 65 to 66 percent of all female catastrophic injuries in either high school or college.

Gymnastics injuries numbered 67,542.” [University of Michigan Health System reported that in 2008, the Consumer Product Safety Commission (CPSC) reported the following statistics on injuries to youth under age 18]

Concussion: From 1997 to 2007, emergency department visits for concussion in kids aged 8 to 13 playing organized sports doubled, and the number of visits increased by more than 200 percent in older teens, according to the report. From 2001 to 2005, there were an estimated 251,000 emergency department visits for concussion among U.S. kids aged 8 to 19 which were sports-related. [Dr. Lisa Bakhos and colleagues at Brown University, September, Pediatrics, Dr. Mark Halstead, orthopaedics at Washington University School of Medicine in St. Louis]

“The annual incidence of football-related concussion in the United States is estimated at 300,000, and nearly 45,000 football-related head injuries were serious enough to be treated at U.S. hospital emergency rooms in 2009,” Dr. Gail Rosseau, a Chicago-area neurosurgeon, said in an AANS news release [Medlline, Surgeons' Group Weighs In on Football Injury Prevention By Robert Preidt, August 6, 2010]

The CDC reported: 2005-2009 data from the National High School Sports-Related Injury Surveillance Study that Football was the sport associated with the most heat related illnesses. August was the most common month for them to occur, were most likely to occur during practice, not game time, and more likely to occur among overweight athletes.

Heat-related illnesses included heat cramps, heat exhaustion, and heat stroke. Since 1995, 31 high school football players have died from heat stroke, according to the National Center for Catastrophic Sports Injury Research. Michael McGeehin, director of CDC’s Division of Environmental Hazards and Health Effects. “Heat related illness is Preventable. Crimes were committed against these Children and no one was held accountable.

“Among athletes ages 5 to 14, 28 percent of percent of football players, 25 percent of baseball players, 22 percent of soccer players, 15 percent of basketball players, and 12 percent of softball players were injured while playing their respective sports
Since 2000 there has been a fivefold increase in the number of serious shoulder and elbow injuries among youth baseball and softball players.”[ Preserving the Future of Sport: From Prevention to Treatment of Youth Overuse Sports Injuries. AOSSM 2009 Annual Meeting Pre-Conference Program. Keystone, Colorado.]

Pounding on the Rule of Law in the Sports Arena

Sports Injuries in Children Requiring Hospital Emergency Care

Sports-related injuries accounted for 22.0 percent of the 1.4 million visits to the Emergency Department (ED) for injuries among children ages 5 to 17 in the 25 states included in this study.

Children were treated and released from the ED in 98.7 percent of sports-related ED visits; whereas, in 1.3 percent of cases children were admitted to the hospital for further care.

Superficial injury (contusion) was the single most common treat-and-release ED condition related to sports injury for boys and girls (51,700 and 20,000 visits, respectively).

Leg and arm fractures were the most common reasons for sports-related ED visits in children to result in hospital admission, collectively accounting for 1,900 admissions from the ED.

The rate of ED visits for sports injuries in children was about three times greater among boys than girls

Top 5 most common reasons for Emergency Department visits that resulted in a hospital stay for sports injuries in children†, in 25 study states in 2006. Because 50% of Child Sports Related Injuries are Non-Accidental and Preventable, 41,700 Child Athletes were admitted to the hospital for the following injuries that were caused or allowed to be caused by Child Athlete Abuse and / or Neglect, in the 25 states included in this study.

Injury Boys Girls Total 50% are Non-Accidental
Fractures lower limb 9300 + 2300 = 11,600 X 50% = 5800
Fractures upper limb 42,000 + 10,900 = 52,900 X 50% = 26,000
Intracranial injury 10.200 + 2,500 = 12,700 X 50% = 6,350
Skull / face fractures 5,200 + 1,900 = 7,100 X 50% = 3,550

Total hospitalization: 41,700 Non-Accidental, Preventable Child Athlete Injuries.
Because, both Accidental and Non-Accidental, Preventable Child Athlete Injuries are lumped togeather and the CDC declared that 50% of Child Athlete Injuries are Non-Accidental and Preventable, in the above 25 state 2006 survey, there were potentially 41,700 Non-Accidental, Preventable Child Athlete Abuse and/or Neglect Injuries that required Hospital Admission.

[June 2009. Healthcare Cost and Utilization Project Sports Injuries in Children Requiring Hospital Emergency Care, 2006, Lauren Wier, M.P.H, Adela Miller, and Claudia Steiner M.D., M.P.H ]

CHILD PROTECTIVE CUSTODY AND PROPER SUPERVISION

The Child is a very special creation. Child, a minor less than 18 years of age, is the defining label that alerts those who have the duty for Child Protection and Supervision.

Until the age of 18, the entwinement of the Child and their Care-Giving Supervisor, primordially the parent, is meant to be wound and fused as tightly together biologically as the mother and her fetus. They are kindred biologically.

The Child and Parent virtually are inseparable. The Child, akin to the unweaned suckling, is hungry, dependent and vulnerable.

The Parent, who is the first entwined Child Protection Supervisor, is intended to be an altruistic entity that has the fundamental effect of promoting the health and welfare of that special entity, the Child. They are biologically predetermined. [The Challenge of Biological Determinism, Rosemary Rodd, 1987 Royal Institute of Philosophy.]

Athletic Teams are described by Coaches as Family, an accurate description. Coaches have the exact same duty to the Child as the Parent. The chain of Care-Giving Supervision and Custodial Child Protection is transferred to the Coach. The Child is the Coach’s Protective kindred.

Children are mandated to attend school. The Protective Custody and Care-Giving Supervision are transferred to the Teacher for curricular activities and the Coach during extracurricular school activities. They both have a Duty to Protect the Child.
The premise for this duty is that a Child is compelled to attend school and must be separated from the Parent. [McLeod v. Grant County School Dist. No. 128,255 P.2d 360,362 (Wash. 1953.

The Protective Custody and Care Giving Supervision of Teachers and Coaches is mandatorily substituted for that of the Parent.

Teachers and Coaches assigned to Protect and Supervise children during school sponsored curricular or extracurricular activities have a duty to exercise that degree of care that ordinarily prudent Teachers or Coaches engaged in the supervision of Students or Athletes of like age would exercise under similar circumstances.
It is the same for non-school Coaches. Parents and Guardians do not sign-up their Children for Non-Inherent Risks, Maltreatment, Endangerment by Coaches for the game they play.

"National and State High School Athletic Federations and Associations are Not granted the Privilege and Duty of Child Protective Custody and Care Giving Supervision. They have a Duty to protect Children, as everyone does, but not the Custody. They are not in the Chain of Child Care Giving Supervision and Protective Custody. Their Rules, Regulations and By-Laws are not Child Protective Laws. There Rules are only for Interscholastic Games and Competitions. They have no authority for High School Sports Practices or JV or Middle School Sports Activities.

THE RULE OF LAW IN THE SPORTS ARENA

Maintaining the Rule of Law and the Enforcement of the Criminal Codes of Conduct and Child Protective Laws are the basic responsibilities of Government.

CAPTA (Child Abuse Prevention and Treatment Act, 1974) is Federal Child Protection Legislation and Laws that support the States’ Duty and Power to act on behalf of Child Protection.

All states have Child Protective Laws.

Depending on the state, Juvenile and Family Courts have exclusive jurisdiction over Child (Athlete) Abuse and Negligent Child Athlete Supervision Adjudications for:
o Child Athlete Physical, Psychological (Emotional) Maltreatment and Endangerment that Result in Serious Injuries and/or Death (Child Athlete Abuse)

o Child Athlete Sexual Abuse
o Negligent Coaching Supervision of Child Athletes that Result in Serious Injuries and/or Death.
o The above are the categories of Non-Accidental, Preventable Child Sports Injuries and/or Death

In some states “in cases where criminal charges arising out of the same transaction or occurrence are filed against an adult alleged to be the perpetrator of child abuse or neglect, such charges shall be tried separately from the adjudicatory hearing held pursuant to this chapter”

The Surgeon General of the United States Workshop revealed that the following systems are in crisis when it comes to Child Abuse and Neglect. ” The full scale of Child maltreatment is masked by secrecy and denial. There is a crisis in the:

o Public Health Services
o Social /Child Welfare Systems
o Criminal Justice Departments
o Education-Awareness Groups
Research reveals that others are in crisis, as well:
o Federal High School Athletic Federations
o State High School Athletic Associations
o Non-School Leagues and Associations

The Surgeon General of the United States Workshop included Coaches among potential targeted perpetrators of Child Athlete Abuse and Neglect. [Surgeon General's Workshop on Making Prevention of Child Maltreatment a National Priority: Implementing Innovations of a Public Health Approach, Surgeon General's Workshop Proceedings Lister Hill Auditorium, National Institutes of Health, Bethesda, Maryland March 30–31, 2005]

Juvenile and Family Court Judges are the “Gatekeepers of our nation’s Child (Athlete) Abuse Systems.” Gate keeping involves both permitting entry and disallowing entry to the Juvenile and Family Court Systems. Child Abuse and Neglect Misconduct and Malfeasance are unlawful.

Children have special needs during court proceedings. The concept for Child Protection and Human Right of the Child in Juvenile and Family Courts.

Child (Athletes) require additional procedural safeguards, compared to Adults, to offset the disadvantages of youth in the justice system. [Focus on Law Studies, FALL 2000 Volume XVI, Number 1, The Juvenile Court: Changes and Challenges by Barry C. Feld

An example when Children witnesses are paraded across the witness stand in a trial, open to the public, video streamed by a newspaper over the Internet. Children’s testimonies have, in the past, appeared hesitant and altered by their inappropriate examination and their public display. Their public exposure and spectacle has been unfortunate. That is an example for the reason all types of Child Abuse and Neglect are the exclusive jurisdiction of Juvenile and Family Courts

Juvenile and Family Courts are not open to the public; No TV or publications. The Human Rights and Protection of all Children victims and witnesses are protected.
Doctors should be the“Eyes and Ears of Child Welfare”

Doctors are mandated to report Serious Injuries and/or Death to the County Attorney or Child Protective Services after their examination and treatment.
A Report is not accusation, but a call for further investigation.

Doctors are guaranteed anonymity and immunity after a report.

Dr. Steven Kairys, a professor of pediatrics at Robert Wood Johnson Medical School in New Brunswick, N.J., and director of the American Academy of Pediatrics, said a major concern of pediatricians with reporting abuse is the judges. One of the most powerful mechanisms for protecting children from abuse is a law that designates school teachers, day care operators, doctors, nurses, and others "mandatory reporters" of child abuse and neglect."

Kairys said abuse cases are inadequately reported by pediatricians and inadequately investigated, because of untrained social workers, fear of the doctor for disruption of the parent-doctor relationships, paper work, poor communication, and mistrust between Child Protective Services (CPS) and the medical community and unqualified judges.

Doctor Kairys said, some doctors felt that CPS were incompetent and their reports were a waste of time because CPS often failed to follow up sufficiently on the cases that doctors and hospitals report.

The doctors who are most likely to observe physical abuse only account for two to three percent of abuse reports filed. The majority comes from school teachers and other mandatory reporters.[ Parental Rights Under Microscope as Accusations of Child Abuse Mount, Thursday, February 07, 2002, By Robin Wallace Fox News]

According to a reliable source, a Public Health Official, during Sports Injury Prevention discussion during a requested meeting by concerned advocates with state Cabinet For Health and Family Services, said. “Its like the fox watching the hen house.” Doctors are reluctant to report Sports Injuries caused or allowed to be caused by Coaches, because the gravy train. Their referrals of injured Athletes by Coaches will cease, if they report Coaching Athlete Abuse and Neglect.

Child Protective Services (CPS) agencies were first established in response to the 1974 CAPTA which mandated that all states establish procedures to investigate suspected incidents of child maltreatment. This program provides specialized welfare services that seek to prevent abuse and neglect of children. The Child Protective Services program receives, screens and investigates allegations of child abuse and neglect.

Participating states are to have “in effect” certain laws and procedures regarding child abuse and neglect. The participating state has satisfied its duty so long as it has actually enacted the necessary law or created the necessary procedure.

For instance in KY, Kentucky Revised Statutes Sec. 620.040 provides: (1) Upon receipt of a report alleging abuse or neglect by a parent, guardian, or person exercising custodial control or supervision, pursuant to KRS 620.030(1) or (2), the recipient of the report shall forthwith notify the Cabinet for Health and Family Services or its designated representative, CPS, the local law enforcement agency or Kentucky State Police, and the Commonwealth’s or county attorney of the receipt of the report unless they are the reporting source.

A reliable source reported that after the Death of a 15 year old high school Football Athlete, CPS refused to investigate the Death, because the case had already been adjudicated in District Criminal Court. That was unlawful. The Death was never adjudicated in Juvenile Court.

The County Attorney has the final decision as to whether formal charges will be filed for Child Athlete Abuse and/or Negligent Supervision of Child Athletes.

A complete autopsy with internal examination is mandated by law when the death of a child appears to indicate child abuse prior to the death, occurs as a result of an accident, occurs under the age of 40 and there is not past medical history to explain the death, is sudden and not explained, when the death of a human being and the decedent is not receiving treatment by a licensed physician and there is no ascertainable medical history to indicate the cause of death.

HSAAs often do a magnificent job doing what they are contracted to do and what they have authority to do, managing and administrating Interscholastic Games and Competitions, playoffs and tournaments. Most do not include sports practices or JV Games.

High School Athletic Association Rules, Regulations and By-Laws are not and should not be an assumed part of the Government or an imaginary part of the Criminal Justice System.

• This imagination would be and is a Phony Masquerade of Legal Interpretation using Assumed Legal Authority. For example, KHSAA Rules, Regulations and By-Laws are not part of the Kentucky Criminal Code. Adjudications using that pretense are way out of bounds.
• The KHSAA has no Legal Authority governing Catastrophic Child Athlete Injuries and Death during football or any other practice. Adjudication for any type Criminal Conduct is not carried out in the KHSAA hearing room, but in a Court of Law.
• For example: The Kentucky Unified Juvenile Code, Child Protection Laws, KRS 600-645 are the Criminal Code governing Catastrophic Child Athlete Injuries and Death.
• Adjudication for Catastrophic Child Athlete Injury and/or Death requires establishing the facts of the case, defining the Law and interpreting the applicable Law.
Example: “The monster question is if the Florida High School Activities Association, the self-governing, self-righteous, self-appointed, all-knowing autocracy of Florida sports.” [Michael Batchelder, FHSAA Is The New High School Bully, The Tampa Tribune, Published: November 15, 2008]

The News is that High School Athletic Associations are not above the Law. ” Senate President Pro Tem Katie Stine , R-Southgate, KY said Tuesday. She has introduced legislation that would allow high-school athletes and their schools to obey court orders without fear of punishment from the Kentucky High School Athletic Association. “An agency such as the KHSAA is not above the law.” She also said Kentucky high schools should be encouraged to follow the law, not ignore it [http://www.kentucky.com/2009/03/11/721477_amendment-would-limit-khsaas-authority.html - Lexington Herald Leader, Mar. 11, 2009]

When Children are endangered, maltreated, harmed and damaged by abnormal Coaching behaviors or anyone, who fails their Child Protective Custody or fails to Properly Supervise Child Athletes, as any other Reasonable Coach or person would supervise athletes in similar coaching situations, these incidents are mandated to be properly Reported, Investigated and Adjudicated by the Criminal Codes of Child Protection, in Juvenile or Family Court. That has not been the case except occasional Child Athlete Sexual Abuse.

The Rat Maze for Justice for Abused and Neglected Child Athletes leading-up-to and including Juvenile and Family Court Systems is a complex journey in the United States.
When Child Protective Laws are reaffirmed, validated and enforced, by those who have ignored and overlooked them in the past, as the Supreme Rule to be adjudicated in Juvenile and Family Court Systems for Child Athletes, the additional systems that have shared the Complex Justice Journey and battered Justice for Child Athletes with Obstacles, for Abused and Neglected Child Athletes, will realize their responsibility.

Public Health Services, Social and Child Welfare Systems, Education and Awareness Groups, Federal and State High School Athletic Associations will toe the line. They will adhere to the standard of Care for Child Athletes i.e: Duty to conform to the legitimate Rules and Standards of Children’s Human Rights, Child Protection, Proper Supervision, Care and Welfare during Sports Participation.

CONCLUSION

Coaches can dramatically influence the lives of Child Athletes. Most of our Coaches are mentors, leaders and role models. Great Coaches teach their Athletes the values of life and living, in addition to Athletic play and performance. A Great Coach mentors a player into a star, role model and a hero for a lifetime and many generations afterward.

80% to 90% of Coaches do a tremendous job Coaching our Child Athletes. But 10% to 20% “don’t know any better”, cannot be educated and manifest abnormal Coaching Behaviors. Sadly, as within all professions and trades, they necessitate Regulation and Litigation.

Coaches are victims too, because they are blindsided by ignorance of the Laws of Child Protection and supervision. As any profession, a few bad apples can spoil the lot and several can spoil the orchard.

Many Amateur Coaches and Athletes are shocked to learn that they can be liable Criminally and Civilly for injuries they inflict, cause, create or allow to be inflicted, caused or created, directly or indirectly on Their Athletes or Opponent Athletes during practice or play, even in contact sports though they comply with High School Association rules, regulations and by-laws.

Why? Becuase they Maltreated, Endangered, Abused and / or Neglected and Damaged, Serioulsy Injured or Death to Child Athletes and violated Child Protection Laws. High School Athletic Association Rules, Regulations and By-laws are not Legal Authority.

In Kentucky, after a recent Football Athlete Death in 2008, advocates for Child Sports Safety found that the Child Athlete Abuse and Neglect Laws and Procedures were properly enacted in the state. However, the Child Athlete Abuse and Neglect Laws and Procedures were not Enforced following his Death.

Unfortunately, Enforcement of Child Protection Laws with proper Reporting by Doctors, Through Investigations and Statutory Adjudications in Juvenile or Family Courts are the ultimate deterrent for unlawful Coaching Behaviors that cause or allowed to be caused Maltreatment, Endangerment, Abuse and / or Neglect, Damage, Serious Injury or Death to Child Athletes.

Juvenile and Family Court Justice will facilitate the Prevention of Non-Accidental, Preventable Child Sports Injuries and Promote Child Athlete Safety.

Criminal Prosecution with or without conviction is the most effective deterrent to endangerment, maltreatment, neglect and abuse of Athletes.

The likelihood, probability and chance of Criminal Prosecution of the Coach is the most effective deterrent to the Risk of Criminal Prosecution and Civil Suit and Litigation of the Coach.

Because 45,000,000 Children Participate in Competitive Sports in the United States every year and with popularity of Sports rapidly growing and because Child Athlete Abuse and Neglect are the exclusive jurisdiction of Juvenile and Family Courts, these Courts “will need more time, staff expertise, and resources to perform the necessary administrative functions necessary for Justice” for the Abused and Neglected Child Athlete in Juvenile and Family Court Systems.

In response to an increasing demand to provide judicial leadership to improve the legal system and the administration of justice relating to juvenile and family court issues in their communities, states and the nation, the membership of the National Council of Juvenile and Family Court Judges (NCJFCJ) at it’s annual conference in San Antonio, on July 23, 2003, endorsed the NCJFCJ Recommendations for Modification of the ABA Canons of Judicial Ethics. [National Council of Juvenile and Family Court Judges Recommends Modification of Canons of Judicial Ethics
http://www.abanet.org/judicialethics/resources/comm_code_ncjfcj_051904.pdf ]

• 100% of all Catastrophic Child Athlete Injuries and/or Death that are Non-Accidental and Preventable, that are not inherent or natural to the game in which the Child Athlete participates, are the result of Child Athlete Abuse or Negligent Supervision by the Head Coach.
• This is an urgent call for Intervention by Juvenile and Family Court Systems for the Administration of Justice for the Abused and Negligently Supervised Child Athletes who have sustained Catastrophic Child Athlete Injuries and Death and Sexual Abuse.
• Lawmakers have ignored, overlooked and omitted Child and Youth Athlete Maltreatments, Endangerments and Abuse and have failed to enforce current law for all vulnerable, violated, at risk populations, including our Athletes which are additionally a “Health Disparity Population”.
• Laws on the Books: TITLE I—CHILD ABUSE PREVENTION AND TREATMENT ACT Sec. 101. Lawmakers have Failed Subtitle A. General Program that has not included Athletes and Sec. 111. Child Abuse Information Exchange that has not included Athletes. This is a Simple Solution.

[Preventing Child Abuse in Judo by Mike Buckle
http://judoinfo.com/Preventing%20Child%20Abuse%20in%20Judo.htm

___________________________________

Courts and Sports A Current Update, by Nick C. Nichols
Link: http://www.abrahamwatkins.com/Articles/Courts-And-Sports-A-Current-Update.shtml

"A modern day up-to-date approach to the present status of recreational injuries associated with "Courts and Sports" can be best understood by reviewing the basic principles of law, findings and facts involved in the leading sports injury cases Hackbart v. Cincinnati Bengals, Inc., 601 F.2d 516, (10th Cir. 1979), cert. denied, S.Ct. 275) and Tomjanovich v. California Sports, Inc., No. H-78-243, 1979 U.S. Dist. LEXIS 9282 (S.D. Texas Oct. 10, 1979). These underlying cases provide the basic legal foundation and requirements which are necessary in litigation involving recreational injuries in order to establish the legal principles for liability and recovery in sports injury cases. The basic legal principles and holdings set forth in the Hackbart and Tomjanovich cases are alive and well today and should be considered when evaluating a case that involves sports injuries in modern litigation. These cases and their holdings relate to sport injury litigation involving the individual player or corporate owner regarding negligence, intentional tort and gross negligence and normally are not connected from a products liability theory.

"This paper will discuss the general principles as set forth in Hackbart and Tomjanovich and will also provide information on recent cases which involve the same basic principles as discussed.

"Since the decisions of Hackbart v. Cincinnati Bengals, Inc., and Tomjanovich v. California Sports, Inc., many courts have continued to hold that an injury resulting from an intentional tort, negligence, or recklessness, may have grounds for recovery of damages for the injured athlete. However, the majority of cases have established liability through an intentional tort involving illegitimate conduct not within the rules of the game or by the establishment of recklessness. While many courts have rejected a negligence cause of action, the defense of the assumption of risk doctrine has proven very effective in defeating cases for the plaintiff, as well as, the consideration of public policy. Some of the cases in which these legal principles, tort theories and defenses were involved are mentioned in this paper.

"In Knight v. Jewett, 834 P.2d 696 (California 1992), the plaintiff brought action for negligence and assault and battery after she was injured by the defendant during a friendly game of touch football. Early into the game, the defendant ran into the plaintiff during a play, and the plaintiff requested that the defendant not play so rough, which he acknowledged. However, on the next play the defendant collided with the plaintiff, knocking her down, and stepping on her hand. The injury to the plaintiff's hand ultimately resulted in the amputation of her little finger.

"In discussing the defense of the assumption of the risk, as well as recklessness, the Supreme Court of California, in affirming the trial court's granting of summary judgment, held that "a participant in an active sport breaches a legal duty of care to other participants - i.e., engages in conduct that may properly subject him or her to financial liability - only if the participant intentionally injures another player or engages in conduct that is so reckless as to be totally outside the range of the ordinary activity in the sport." Furthermore, the Court held that the determination of whether assumption of risk bars recovery depends upon whether a particular defendant owed a duty to the injured plaintiff, not on whether the plaintiff acted reasonably in encountering a known risk. Ultimately, the Court ruled that although the defendant may have been reckless, he did not breach any legal duty, and thus assumption of risk barred recovery.

"The Supreme Court of Connecticut addressed the relevant public policy considerations in barring recovery for negligence causes of action in Jaworski v. Kiernan, 696 A.2d 332 (Conn. 1997). In Jaworski, the plaintiff was injured by the defendant during a co-ed soccer game when the defendant slide-tackled the plaintiff, which was against league rules. The Connecticut Supreme Court explained that public policy requires a balance in promoting vigorous athletic competition on the one hand and protecting those who participate on the other. In finding the proper balance, the Court concluded this balance is best achieved in an athletic contest to maintain an action against a co-participant only for reckless or intentional conduct and not for merely negligent conduct. Furthermore, the Court was influenced by the public policy concern of the possible flood of litigation that might result from adopting simple negligence as the standard of care to be utilized in athletic contests. The Court feared that with the number of athletic events that occurred in Connecticut every year, there existed a potential for a surge of lawsuits if it became known that simple negligence, based on an inadvertent contest rule, will suffice as a ground for recovery for an athletic injury.
It should be noted that in both Knight and Jaworski, no recovery was made by the plaintiff which normally occurs in sports injury cases.

"In 2003, the case of Marcus Williams v. Bill Romanowski, involved two Oakland Raiders National Football League players. The lawsuit arose after Romanowski confronted Williams during a scrimmage, ripped off his helmet and punched Williams in the face, crushing his left eye socket. The injury allegedly forced Williams to retire from football, and Williams sought $3.4 million in damages from Romanowski. Williams' attorney argued that Romanowski had crossed the line and broken the rules. The jury returned a verdict in favor of Williams, yet they only found Romanowski liable for $340,000 in damages. Ultimately, the case settled out of court for $415,000.00.

"In Avila v. Citrus Community College District, 131 P.3d 383 (California 2006), a community college baseball player, Avila, brought a negligence cause of action against the college, the opposing team's college, and others after he was hit in head with a pitch during the game. The Supreme Court of California held that the governmental statute for injuries stemming from hazardous recreational activity did not apply to immunize the opposing college, and that the opposing college had a duty not to increase harm inherent to the sport. However, the court ultimately ruled that the opposing college breached no duty to the player and no recovery was made.

"Thompson v. McNeill, 559 N.E.2d 705 (Ohio 1990) involved a case in which a player brought a negligence cause of action against a fellow golfer after the plaintiff golfer was struck in the eye by the ball. The Supreme Court of Ohio held that between the two participants in the sporting event, there was no liability for injuries caused by negligent conduct, but rather only injuries caused by intentional conduct could give rise to cause of action. Furthermore, the Court held that the injury to the plaintiff golfer in the course of the golf game was the result of foreseeable conduct, and thus the defendant golfer could not be held liable for any negligence since no duty was owed to protect plaintiff golfer from that conduct.

"The case of Turcotte v. Fell, 502 N.E.2d 964 (N.Y. Ct. App. 1986) involved a professional jockey that was injured in a fall during a thoroughbred horse race who brought action against another jockey, owner of horse which that jockey was riding, and owner-operator of the racetrack. The Court found that the plaintiff jockey consented to relieve defendant jockey of legal duty to use reasonable care to avoid crossing into plaintiff jockey's lane of travel during the race. The Court also held that the racetrack owner-operator was not liable for alleged negligence in caring for the track because the plaintiff jockey's participation in prior races, ability to observe the condition of the track, and his general knowledge and experience established that he was well aware of cupping conditions and possible dangers from them, and he accepted that risk.

"The case of Brocail v. Detroit Tigers, 2008 WL 87851 (Tex. App. - Houston [14th] 2008) involved a major league baseball player, Brocail, who brought suit against his employer, the Detroit Tigers, alleging the club was liable for injuries to his pitching arm. The 14th District Court of Appeals of Texas affirmed the summary judgment in favor of the baseball club, holding that the player’s claim that the club failed to provide a proper second opinion before recommending treatment for the player’s injured arm was preempted under the Labor-Management Relations Act.

“Furthermore, the Court held that the Michigan Workers’ Disability Compensation Act was the exclusive remedy for the player’s negligence claims, and the Act’s exclusive remedy provision barred claims seeking earnings-related damages. Finally, the Court found that the Michigan statue of frauds barred claims arising from the club’s alleged promises and fraudulent concealment relating to plaintiff’s medical treatment.
Also, in the case of Stringer v. Minnesota Vikings, 686 N.W.2d 545 (Minn. Ct. App. 2004), the estate of

“Stringer brought a wrongful death action against the head trainer, assistant trainer, and medical services coordinator as co-employees of football organization, following the player’s death from heat stroke. On appeal from a motion for summary judgment, the Court of Appeals of Minnesota held that the head trainer was entitled to co-employee immunity under workers’ compensation law. Although the Court held that the assistant trainer and medical services coordinator were not entitled to the co-employee immunity, the Court found that the actions taken by the assistant trainer and medical coordinator did not constitute gross negligence.

“In Hackbart, the incident that made the basis of the suit occurred during a September 16, 1973 game between the Denver Broncos and the Cincinnati Bengals. The incident occurred near the end of the first half when the Denver Broncos were leading by a score of 21-3. Following an interception by Denver free safety Billy Thompson of a pass intended for Cincinnati offensive back Charles “Booby” Clark, Dale Hackbart attempted to block Booby on the runback of the interception. After the attempted block, Hackbart remained on the ground, turned, and with one knee on the ground, watched the play following the interception. Clark stepped forward and struck a blow with his right forearm to the back of Hackbart’s head and neck and with sufficient force to cause both players to fall forward on the ground. A game film showed clearly what occurred, though no official viewed the incident at the time. After two weeks, the pain caused Hackbart to seek medical help where it was discovered that he had a serious neck fracture.

“The trial court ruled as a matter of law that the game of professional football is basically a business that is violent in nature; thus, the available sanctions are the imposition of penalties and expulsion from the game.
In reversing the trial court, the United States Court of Appeals for the Tenth Circuit held:
1. The principles of law governing infliction of injuries are not to be disregarded merely because the player’s injury occurs in the course of a professional football game. With regard to the issue of consent, the court noted that it is highly questionable whether a professional football player consents to injuries caused by conduct that is not within the rules of the game.

“The court specifically looked to the rules of football and found that punching and hitting with the arms about the face and head were prohibited by the rules and that undoubtedly, these restraints were intended to establish reasonable boundaries so that one football player would not intentionally inflict a serious injury on another.
2. The Tenth Circuit Court also determined that since it is essential that citizens be able to look to their government for redress, every injury wrongfully inflicted must be afforded some redress under the common law. The court found that the Colorado legislature had not chosen to change any of the common law areas for redress. Thus, the court stated that it was bound to follow the common law rules of redressing the injury inflicted.
3. In determining that the intentional tort of assault and battery was not the sole standard to be applied in a case involving players of professional sports, the court stated that “recklessness is an appropriate standard and that assault and battery is not the exclusive one, … these two liability concepts are not necessarily opposed to one another. Rather, recklessness under Section 500 of the Restatement might be regarded, for the purpose of analysis at least, a less included act.” The court went on to make the traditional distinction between assault and battery and recklessness, noting that with recklessness, the actor intents to do the act but does not intent to cause any particular harm.
4. Significantly, the court also directed that “on retrial, the admissibility of prior unrelated acts should be very carefully considered and should not be received merely for the purpose of showing that the defendant himself had violated rules in times past since this is not per se relevant.”

“Returning to the basic principles and rules of law handed down by the Hackbart case and utilizing the Tomjanovich case regarding contact injuries in sports, the “Hackbart test” can provide the equation for accepting a case which may be successful and prove to be a winner for the client. The principal inquiry, as it relates to the facts of the Hackbart case is: “was the act an accepted, usual, legitimate part of the game and traditionally considered a part of the game, i.e., was it a legitimate or fair hit?” This standard has become known as “Hackbart test” and should be applied to the underlying facts in each similar case. When analyzing a potential case by utilizing the “Hackbart test” one should consider the following:
1. Rules of the game;
2. Conduct of the player;
3. Intentionally reckless history of the player;
4. The Hackbart question, “is this contact a part of the game”?;
5. The duty of the owner;
6. The duty of the player; and
7. The conduct of the plaintiff.

“In analyzing a set of facts, the attorney should concentrate on the specific act or particular conduct in question and on how that conduct relates to or is connected with the particular sport. Also, the attorney should focus on any provocation by the plaintiff or the promotion of the event and the particular role of the plaintiff concerning the event. In violent situations, such as when a team fights, the investigative questions should include:
a. Who started or provoked the situation?
b. What role did the plaintiff play?
c. How could entire affair have been avoided?

“For other factors to consider in a sports injury case, see Niemczyck v. Burleson, 538 S.W.2d 737 (Mo. Ct. App.1976)(ages and physical attributes, skill level, knowledge of game, amateurs or professionals, protective uniforms or equipment, zestfulness of players) as well as, Ross v. Clouser, 637 S.W.2d 11 (Mo. 1982)(for application of Burleson factors).

“In closing, sports injuries that occurred during the practice of the game seem to be on the rise today in modern sports. A view of the sport industries for some reason indicate that the injuries seem to be more serious as the years go by. At the present time, while these injuries appear to be more common, the test for recovery remains fairly rigid and difficult and a full investigation of each prospective case should be made before making a decision to move forward and accepting the case considering the time and expenses involved. Finally - a word of advice, always consider the Hackbart case and the “Hackbart test”. Good luck!

CONSTANT YELLING AND SCREAMING NEGATIVITY TO ATHLETES CAUSES VERBAL AND EMOTIONAL ABUSE

Coaches who yell, scream, berate, embarrass and bully Athletes constantly with negativity are verbally and emotionally Abusive. Under those practice and play circumstances, Athletes are conditioned to play with one eye and ear on the Coach and one eye and ear on the game. The diagnosis of PSYCHOLOGICAL (Emotional) ABUSE requires a Mental Health Care Professional’s diagnosis.

Screaming is defined as “utter a long loud piercing cry, as from pain or fear, when the Coach makes a loud piercing sound, speaking in an hysterical manner producing a startling effect.

Yelling is a shrill cry, an obnoxious noise that evokes fright and surprise.

The 1ST BIG MYTH that needs to be dispelled is that A TOUGH HARDNOSED SCREAMING INTIMIDATING COACH IS KEY TO WINNING SPORT PSYCHOLOGY

Well, that is totally Ludicrous! Negative Motivation is the most Foul, Cruel, Sadistic Method of Psychological Athlete Motivation

Playing Out of Fear of the Coach, Horror, Fright, Panic is extremely Destructive, Counter Productive and Harmful to Athlete Self-Esteem and Performance

Positive Motivation is Key to Winning and Mental Toughness. Trust is key.

VERBAL and EMOTIONAL COACHING ABUSE
• Erodes Trust of Athlete for Coach
• Core of Coaching is Trust
• Golden Rule is the First Rule of Coaching
• Yelling Intimidation Elicits the Fear Emotion
• Examples:
• Yelling For not playing well
• Screaming for losing
• You’re stupid, worthless
• Embarrassment Humiliation Athletes
• Coaches who Rarely use praise as Positive feedback are usually negative
• Demeaning Athletes is very detrimental
• Plays 4th Grade “head games” is typical

Another BIG MYTH: THE COACH YELLS and SCREAMS at YOU BECAUSE HE or SHE “CARES ABOUT YOU”

• That is totally Preposterous
• Yellers Damage Athlete:
• Self-Esteem / Confidence
• Causes Nightmares / Post Traumatic Stress Disorder
• Always leaves Athletes feeling badly about themselves
• Kills Athletes’ Enthusiasm Joy, Love of the Game
• Verbal Emotional Athlete Abuse Sets The Tone For:
1. Teenage Dating Violence
2. Domestic Violence

Most Negative, Loud, Noisy Coaches make vulgar loud-mouthed outcries often in protest of of an Athlete’s play and execution. Shouting vocalization is often times Coach attention-seeking.

Bellowing and hollering curse words and profanity are methods of intimidation and “tough man talk.” F….Bombs, Mother F..ker are examples.

An extravagantly loud outcry and clamoring while throwing a chair and hitting the bench with a fist. expresses more immaturity than mature Coaching.

Loud noise made to express displeasure is how Children get their way, when they don’t play well with others in the sandbox.

Verbal and Emotional Abuse are defeating, saps Athlete energy (Mental Fatigue and Exhaustion) and can result in lifelong Post Traumatic Stress Disorder, if severe enough.

All Coaches Yell and Scream to some extent; usually to be heard over the noise of the crowd or yell-out instructions. Negativity is the Key Word. Yelling or screaming positive reinforcement over the noise is Good, but continuous, berating Negativity during Practice and Games is Bad. Emotionally, Verbally Abusive Coaches:

Embarrass and humiliate of athletes
Rarely use praise or positive feedback
Demeans his/her players
Plays “head games” with his/her athletes
Creates a team environment based on fear and devoid of safety
Is never satisfied with what his/her athletes do.
Is overly negative and a pro at catching athletes doing things wrong, NYGSOAB
Is more interested in his/her needs then those of his/her players
Over-emphasizes the importance of winning
Tends to be rigid and over-controlling, defensive and angry
Ignores his/her athletes when angry or displeased
Is a bully (and therefore a real coward)
Coaches through fear and intimidation
Damages Self-Esteem and Confidence
Causes Atletes Nightmares
Consistently leaves his/her athletes feeling badly about themselves
Kills his/her athletes’ joy and enthusiasm for the sport
The Coach has mental health issues
Is emotionally unstable and insecure

Discrimination is sometimes a component of Verbal Abuse from the Coach. Discrimination in sports is when an Athlete is treated differently or less favourably because of gender, race, ethnicity, religion or disability. Often the discriminated are the ones to whom Verbal Abuse is directed.

Psalm 91:3 Surely he shall deliver thee from the snare of the fowler, [and] from the noisome, [noxious, offensive to the senses, sikley/sickness, unhealthy] pestilence.

“Help, my Coach is a Bully. What Does Verbal and Emotional Abuse Look Like in Athletics?”

“Usually, this involves a coach telling an athlete or making them feel that he or she is worthless, despised, inadequate, or valued only as a result of their athletic performance. And here’s the catch, such messages are not conveyed merely with the spoken word. They are conveyed by tone of voice, body language, facial expression and withdrawal of physical or emotional support. This is a large part of the reason why the problem of bullying in athletics is so hard to quantify – a clear definition of bullying is somewhat elusive. Even if we can define it, as above, it’s highly difficult to measure.”

“Bullying is partly defined by the subjective experience of the athlete. In other words, if the athlete feels shamed, frightened, or anxious around the coach due to his or her constant shouting, name-calling or threatening, then the label “emotional abuse” is warranted.” [3.]

Trust and Respect of an Athlete for a Coach is the Core of Coaching. Trust and Respect from Athletes is earned. Constant yelling and screaming Negativity by the Coach erodes trust and Respect of an Athlete for the Coach, causes fear and intimidation and decreases Athlete self confidence and team success; causes mental and emotional exhaustion.

Coaches have to yell simply to be heard sometimes in a packed gym. When emotions run high, so will voices. The content matters most, not the volume. There’s a big difference between yelling out a play number to break a press and screaming insults at the point guard because he picked up his dribble moments after entering the front court. [1.]

“Cheering when kids do things right or yelling out instructions is not screaming, I think the real problem is when coaches single out individuals and berate them. Sports psychologists who have researched it have proven the screamer is not the successful coach and that positive feedback is a much more powerful teacher than the screaming, says Keith Lancaster, Director of the Maine Center for Coaching Education and a former high school coach and athletic director.” [1.]

“Sure, you can intimidate your team into playing hard for a short period of time, sometimes because they’ll resent what you’re doing,” says Glenn Begley, Head Women’s Basketball Coach at William Smith College. “But I don’t think that ever carries over into anything long-term. They will either tune it out and ignore you, or they will tune it out and resent you.” [1.]

“It’s similar to using exercise as a physical punishment,” Lancaster says. “It may work for a short period, like when you make athletes do extra work because they’re not performing the way you want them to. But if a coach continues to do that, it loses that effect, and then it turns the athletes off.” [1.]

“The constant negativity and yelling can make players afraid to make a mistake,” Begley says. “And as far as I know basketball is a game of mistakes. Most people don’t even make half of their shots. So it’s not good to make your players afraid, because every one of them will make mistakes.”

“There are other pragmatic reasons for coaches to tone down the negative yelling and screaming. “Society today does not accept abuse,” Lancaster says, “and sometimes a coach can cross that line to where it is not only perceived as abuse, but it is abuse, by berating and embarrassing individual kids and putting them down.”

“There are other ways to prepare players for the rigors of competition besides exposing them to a verbal blast furnace.”

In 2002, the American Academy of Pediatrics urged pediatricians to be aware of the risk factors of psychological maltreatment of children. The academy’s report, based on numerous studies, said that “a chronic pattern of psychological maltreatment destroys a child’s sense of self and personal safety.”

“Yelling (insults and negativity by Coaches) sets the tone for family relationships that carry over for dating relationships where you get a lot of psychological aggression,” Dr. Straus said. Coaches, who Verbally Abuse Athletes, cause Athletes to Verbally Abuse others i.e. school peers. It is particularly a set-up for Domestic Verbal Abuse and Violence.

“Yelling overpowers children, it makes them feel frustrated and angry, and what can happen is that after a while kids become immune to being yelled at. They tune it out,” said Dr. Myrna B. Shure, a professor of psychology at Drexel University, who conducted a five-year study, financed by the National Institute of Mental Health, of children from kindergarten to fourth grade. [2.]

Emotional abuse (psychological abuse, verbal abuse, mental injury) includes acts or omissions that have caused, or could cause, serious behavioral, cognitive, emotional, or mental disorders.

Severe Emotional Abuse of Athletes caused by Coaches, when mental health professionals diagnose Emotional Abuse and Post Traumatic Stress Disorder, is punishable by Law.

[1.] Positive Coaching Alliance, More Basketball, Less Yelling by Dennie Read Coaching Management Magazine 8/15/2003
[2.] [INFOCUS Free Newsletter]
[3.] “Help, My Coach is a Bully!” The Consequences of Verbally Abusive Coaching by By John Schinnerer, Ph.D. http://www.selfgrowth.com/articles/Help_My_Coach_is_a_Bully_The_Consequences_of_Verbally_Abusive_Coaching.html

CONSTANT OVER-THE-TOP YELLING AND SCREAMING AT ATHLETES CAN BE EMOTIONAL ABUSE. IT CAUSES FEAR INTIMIDATION AND ERODES TRUST FOR THE COACH

Trust and Respect of an Athlete for the Coach is the Core of Coaching. Trust and Respect are earned. Constant yelling and screaming by the Coach erodes trust and respect of an Athlete for the Coach, causes fear and intmidation and decreases Athlete self confidence and team success.

Coaches have to yell simply to be heard sometimes in a packed gym. When emotions run high, so will voices. The content matters most, not the volume. There’s a big difference between yelling out a play number to break a press and screaming insults at the point guard because he picked up his dribble moments after entering the front court. [1.]

“Cheering when kids do things right or yelling out instructions is not screaming, I think the real problem is when coaches single out individuals and berate them. Sports psychologists who have researched it have proven the screamer is not the successful coach and that positive feedback is a much more powerful teacher than the screaming, says Keith Lancaster, Director of the Maine Center for Coaching Education and a former high school coach and athletic director.” [1.]

“Sure, you can intimidate your team into playing hard for a short period of time, sometimes because they’ll resent what you’re doing,” says Glenn Begley, Head Women’s Basketball Coach at William Smith College. “But I don’t think that ever carries over into anything long-term. They will either tune it out and ignore you, or they will tune it out and resent you.” [1.]

“It’s similar to using exercise as a physical punishment,” Lancaster says. “It may work for a short period, like when you make athletes do extra work because they’re not performing the way you want them to. But if a coach continues to do that, it loses that effect, and then it turns the athletes off.” [1.]

“The constant negativity and yelling can make players afraid to make a mistake,” Begley says. “And as far as I know basketball is a game of mistakes. Most people don’t even make half of their shots. So it’s not good to make your players afraid, because every one of them will make mistakes.”

“There are other pragmatic reasons for coaches to tone down the negative yelling and screaming. “Society today does not accept abuse,” Lancaster says, “and sometimes a coach can cross that line to where it is not only perceived as abuse, but it is abuse, by berating and embarrassing individual kids and putting them down.”

But there are other ways to prepare players for the rigors of competition besides exposing them to a verbal blast furnace.

In 2002, the American Academy of Pediatrics urged pediatricians to be aware of the risk factors of psychological maltreatment of children. The academy’s report, based on numerous studies, said that “a chronic pattern of psychological maltreatment destroys a child’s sense of self and personal safety.”

“Yelling sets the tone for family relationships that carry over for dating relationships where you get a lot of psychological aggression,” Dr. Straus said.

“Yelling overpowers children, it makes them feel frustrated and angry, and what can happen is that after a while kids become immune to being yelled at. They tune it out,” said Dr. Myrna B. Shure, a professor of psychology at Drexel University, who conducted a five-year study, financed by the National Institute of Mental Health, of children from kindergarten to fourth grade.

[2.] [INFOCUS Free Newsletter]
Emotional abuse (psychological abuse, verbal abuse, mental injury) includes acts or omissions that have caused, or could cause, serious behavioral, cognitive, emotional, or mental disorders.
[1.] Positive Coaching Alliance, More Basketball, Less Yelling by Dennie Read Coaching Management Magazine
8/15/2003
[2.] [INFOCUS Free Newsletter]

________________________________________________________________

Positive Coaching Alliance, More Basketball, Less Yelling By Dennie Read, Coaching Management Magazine 8/15/2003 [1.]

It’s bad for the athletes, it’s bad for the game, and it’s bad for your heart. Plus, there are better ways to motivate your players than yelling at them.

Coaches yell and scream. They always have.

Most coaches who constantly scream do so because they believe it makes their players better. But does it? More and more coaches are finding that, no, today’s players do not respond to this type of coaching. These coaches believe that there are more effective ways to teach and motivate players than screaming at them.

Rhea Taylor learned this for himself throughout the 2002-03 season, his fourth as Head Boys’ Basketball Coach at New Roads High School in Santa Monica, Calif. After watching an offseason presentation by the Positive Coaching Alliance, he decided to adopt some of its tenets, including no screaming at his players. Previously a loud and critical coach on the sideline, he backslid occasionally during the season, but was otherwise pleased with the results as he led the team to its first playoff berth.

After posting the program’s first playoff victory, New Roads found itself in the quarterfinals, trailing a team Taylor felt his squad could beat. But some bad breaks and borderline foul calls put his team behind early. Under the pressure of a big game, Taylor felt himself reverting to old ways. “I felt myself getting into that mode of stress and frustration with things not going so well, like a missed lay-up, a turnover, or a bad call,” Taylor says. “I finally told my assistant coach that we had to not show our frustration so much and, instead, show our support and really be there for the kids. We were able to get back in the game and take the lead. We ended up losing by three and had a chance to tie it with an open three-pointer that just missed.

“Last year, there was absolutely no way we would have been able to get back into that game,” he continues. “My kids would have crumbled from not only the pressure of the situation, but also the additional pressure I put on them. Now they still battle the pressure and adversity of the game, and maybe the officials or the fans. But they definitely know, without a doubt, that my assistant coach and I stand behind them in the decisions that they’re making and what they’re doing. We don’t always agree with what they do, but we deal with that calmly at a time-out or through a substitution as opposed to ranting and raving on the sidelines.”

What’s With the Yelling

Nobody advocates that coaches sit passively like monks who have taken a vow of silence. Coaches have to yell simply to be heard over the din of a packed gym. And when emotions run high, so will voices.

The content matters most, not the volume. There’s a big difference between yelling out a play number to break a press and screaming insults at the point guard because he picked up his dribble moments after entering the front court.

“To me, cheering when kids do things right or yelling out instructions is not screaming,” says Keith Lancaster, Director of the Maine Center for Coaching Education and a former high school coach and athletic director. “I think the real problem is when coaches single out individuals and berate them.”

Charles Coles, Head Men’s Basketball Coach at Miami University (Ohio), feels the same way. “When I’m talking to my players, I’m trying to teach them or encourage them,” he says. “Very, very seldom do I ever berate them.”

Most of the time when coaches carry on, they do so because they believe it helps make the message clear and will motivate players to improve. But many people question whether this really works. “Sports psychologists who have researched it have proven the screamer is not the successful coach and that positive feedback is a much more powerful teacher than the screaming,” Lancaster says. Coaches may be fooled by the short-term benefits they see after yelling and screaming at their players. Even coaches who try to avoid screaming at their players admit that it may produce a temporary positive change, but they also say that the changes won’t last.

“Sure, you can intimidate your team into playing hard for a short period of time, sometimes because they’ll resent what you’re doing,” says Glenn Begley, Head Women’s Basketball Coach at William Smith College. “But I don’t think that ever carries over into anything long-term. They will either tune it out and ignore you, or they will tune it out and resent you.”

“It’s similar to using exercise as a physical punishment,” Lancaster says. “It may work for a short period, like when you make athletes do extra work because they’re not performing the way you want them to. But if a coach continues to do that, it loses that effect, and then it turns the athletes off.”

In-game histrionics can turn players’ attention from what they’re doing on the court to what you’re doing on the bench. “The constant negativity and yelling can make players afraid to make a mistake,” Begley says. “And as far as I know basketball is a game of mistakes. Most people don’t even make half of their shots. So it’s not good to make your players afraid, because every one of them will make mistakes.”

There are other pragmatic reasons for coaches to tone down the negative yelling and screaming. “Society today does not accept abuse,” Lancaster says, “and sometimes a coach can cross that line to where it is not only perceived as abuse, but it is abuse, by berating and embarrassing individual kids and putting them down.

“Way back when I was an athlete and I first started coaching, the coach was perceived as God, especially if there was success, and administrators and others looked the other way,” he continues. “But I think sports are educational and coaches need to be good teachers, and that’s not what a good teacher is perceived to be.

There should be a carryover of value when the athlete gets out of that sport, and if that athlete learns that screaming and yelling is the way he or she should be acting, then the educational piece is lost.

In many cases, the line between what’s tolerated and what’s not shifts with the won-loss record. “If coaches are in coaching long enough,” Lancaster says, “they are going to have years that aren’t as successful as others. Then the yelling and screaming begins to catch up with them and becomes unacceptable.”

Many coaches compare the court to the classroom. “If you’re teaching calculus and someone is having trouble factoring an equation, would you go up to the student and say, ‘I can’t believe you’re so stupid! You’re holding up the class! What’s wrong with you?’” Begley says. “That wouldn’t be tolerated in a classroom setting by anyone.

First of all, it’s not the right way to treat someone, and second, it doesn’t help the student learn. If that’s the case, why isn’t the same true in athletics, where the students are volunteering to be there in the first place and doing something they think is fun and enjoyable?”

Phil Martelli, Head Men’s Basketball Coach at St. Joseph’s University, notes how the coaching role changes from practice to game day. “If you think about the best teachers you’ve had or observed, you never see them ranting and raving on the day of a test,” he says. “So I wonder why we as coaches think that is the way to go. The game is the test, and practice was the classroom. You use different methods for different days and different groups that you have, but once game-time arrives, your student-athletes are taking the test and you really should be there in a supportive role.”

Coaches also point out that red-faced rants are difficult on more than the players; they can also wear down coaches. “Yelling and screaming takes a lot out of you,” Martelli says. “Coaching, particularly game coaching, is a draining experience. If you take energy and use it in the wrong places, then you end up wearing yourself out, and not productively. I feel that being a little bit more supportive during the games is best suited for me and for the players.”

Coles learned the hard way. He was a screamer until having the type of season most coaches can only dream about. “In 1973-74, I was coaching at Saginaw High School in Michigan, and we won 25 in a row with a team that wasn’t expected to do much,” he says.

“We lost in the state semi-finals, but we had a phenomenal year and I was too dumb to realize it,” he continues. “I was so possessed by trying to make the team better that when the season was over, a friend of mine told me how worried they were about me. I hadn’t noticed anything, but it just wasn’t fun. It should have been a great year for us, but I made it a bad year because we lost one game, and I felt it was a failure.

“After that season, I said to myself, ‘I can’t possibly do this again. When I coach, I’m going to have to share everything. I’m going to have to try to make more people happy and try to get some other things that can help make our season successful rather than just wins or losses.’ So I began to change then.”

Quiet Alternatives

Some coaches can’t imagine finishing a practice or a game without being left hoarse and raspy. But coaches who rarely raise their voices in anger or frustration still find plenty of ways to motivate their players and demand excellence. A lower decibel level doesn’t necessarily mean lower expectations.

“People think I’m very positive and that I give positive reinforcement, yet I know I am very critical,” says Tom Davis, new Head Men’s Basketball Coach at Drake University. “I try to do it in a way that is not readily apparent to the person on the sideline or in the stands. It’s a matter of not showing your dissatisfaction and further compounding the pressure you’re putting on the players by hurting them in front of their peers, and their friends and family who are watching the game.

“Let’s say we’re in a practice situation and we’ve been teaching a certain skill, yet a player goes out and does it the exact wrong way,” Davis continues. “Rather than throw a fit, which I probably would have done in my younger days, now I say, ‘Hey, John. Just calm down a second. Let’s make a change here. Take a minute or two off and let Bob run that play. I know you’re probably a little tired or else you wouldn’t have done that.’

“He probably already knows what he did wrong. By removing him from the lineup and not being vocal about my criticism, I’ve made my point. It’s really pretty easy for a coach to do, yet it’s every bit effective as a launching a tirade.”

At Miami University, Coles likes to use criticism and encouragement in tandem. “I’ll get on a guy a little bit and then I’ll put something in between,” he says. “I’ll call a guy over and say, ‘We’re not playing very well, and you’re a big reason why. Now you’re better than that. You’re a good player; you’re going to be all right. And you have to believe you’re going to be all right.’ Then as he departs, I’ll say, ‘OK, get going.’ “This way he knows that there are still a lot of good things going on between me and him and that I know he can do it,” he says. “You can do a lot with your players if they know that you think they can do it.”

It’s also important to recognize that all players don’t learn the same way. One player catches onto something the first time you show it to him, while another has no clue about what you’re trying to teach. When this happens, many coaches’ initial response is to try teaching it again, but louder. And, predictably, little changes.

“I spend less time yelling and getting frustrated and more time explaining and finding ways to say things differently,” Taylor says. “In the past, I got frustrated because I thought players should all understand the one way I explained something. I was putting them on the line and making them run because of their lack of understanding, which was really my fault more than anyone else’s.

“But I’m learning that certain players need you to say things in different ways to understand,” he continues. “Trying to remain calm and figure out a different way to say something, rather than getting frustrated and throwing a tantrum, was a big change for me.”

Some coaches use screaming in practice as a crucible to toughen up their players for a game. The belief is that if you add enough pressure and drive them hard enough, then the game will seem easier by comparison.

But there are other ways to prepare players for the rigors of competition besides exposing them to a verbal blast furnace. One is to make sure that practice itself is a competitive situation.

“The drills we do in practices reflect the game,” Begley says. “Almost everyone will try hard in a game, simply because it’s a game situation. If you run the clock in practice and keep score in all the drills with a consequence for the team that loses-even a ridiculously minimal one like one sprint or crunches-it reflects more of what the players really enjoy, which is the thrill of competing in a game where something is on the line. The intensity will definitely increase, and the really competitive kids tend to drag the less competitive kids with them.”

Martelli does much the same at St. Joseph’s. “The setting in practice should be demanding, but that’s not the same as being uncomfortable,” he says. “When you talk about a situation where players are supposedly coming to do something they love to do-play basketball-and you’re doing something you love to do-teach the game of basketball-then why would you take away from that by making it an uncomfortable situation?”

There’s another way to find out the best way to reach your athletes. It’s simple, yet many coaches overlook it: Ask them.

“Coaches should ask their athletes, ‘What works for you? Why isn’t this drill working? Why are we having difficulty learning this particular skill?’” Lancaster explains. “Talk to the captains and the leaders of the team and use that feedback to make changes if necessary.”

Make sure that you are truly open to and ready for feedback. “One thing we tell coaches is ‘Listen with your eyes,’” Lancaster says. “For example, if the coach is getting feedback from an athlete, he or she should be looking at the athlete and listening actively, so the athlete knows that what he or she is saying is important. Many times, coaches will ask for feedback, but they might be looking off somewhere else, or their mind is wandering and the athlete gets tuned out very quickly.”

A Matter of Style

When coaches witness their opposite numbers winning games while carrying on or see boisterous college coaches filling the television screens, it’s easy for them to think that they have to yell and scream to succeed. But there are plenty of successful styles. The important thing is to choose one that fits you.

At New Roads, Taylor is still in transition one year after starting a conscious effort last season to take a more positive approach with his players. “I asked them more than I told them in order to see how well they understood what I was trying to get across,” he says. “When they do make a mistake, say blow a layup or turn the ball over, it really is a non-teachable moment at that point. They already know they’ve done something wrong. So we’re letting them know they need to brush it off and find another way to get that missed layup or turnover back.”

Throughout practices and games, Taylor kept a folder close to his side where he could remind himself of some positive approaches he may have overlooked in the heat of the battle. He also made notes of ways he could improve.

“I’d see something I hadn’t implemented yet and show it to my athletic director or assistant coach and say, ‘I really want to do this after this game,’” he says. “‘Whether we win or lose, I really want to have the team huddle be like this,’ for example. I always took tidbits and different things from each game, and I kept that information close to me.”

Still, Taylor says there were times last season when it wasn’t easy to keep his cool. One instance came when ESPN was on hand to shoot some footage for a piece on positive coaching for its “Outside the Lines” program.

“We were down 13 to a team we had beaten on their own court, and things were looking bleak,” he says. “Their coach was getting really animated with the refs and the game was almost to the point where I felt the sportsmanship was lost. I stood up and I started to get a little bit animated myself and then I said, ‘No. This isn’t how we’ve been winning and this isn’t the style I’ve been using all year.’ I just really supported my kids and we turned a 13-point deficit in the third quarter to a seven-point victory.”

Though Taylor would be the first to admit he’s not completely where he wants to be, he also says that other coaches should give the calm approach a shot, even if it’s in small pieces. “Whether they think they’re going to believe it or not or think it’s hokey and new age, I hope coaches will just give it a chance,” he says. “It might not change their overall coaching philosophy, but there might be one or two things that they can benefit from.”

While it has meant some extra work and effort on Taylor’s part, he says the change is something he’d do again in a minute. “The thing that keeps me going is that it’s better for the kids,” he says. “And if it’s better for the kids, then it’s better for the program.”

_______________________________________________________________

Constant yelling and screaming erodes trust between a parent and a child

While physical abuse of children has been widely studied, child development specialists have in recent years begun to focus more attention on emotional abuse, which studies suggest can be equally harmful. In 2002, the American Academy of Pediatrics urged pediatricians to be aware of the risk factors of psychological maltreatment of children.

The academy’s report, based on numerous studies, said that “a chronic pattern of psychological maltreatment destroys a child’s sense of self and personal safety.”

study in the July 2001 issue of The American Journal of Psychiatry that compared 49 subjects with depersonalization disorder with 26 emotionally healthy subjects, found that emotional abuse was the most significant predictor of mental illness, more so than sexual and physical abuse.

Dr. Straus, director of the Family Research Laboratory at the University of New Hampshire, said yelling could set a bad example for children that affects the way they handle social interactions later on.

“Yelling sets the tone for family relationships that carry over for dating relationships where you get a lot of psychological aggression,” Dr. Straus said.

“Yelling overpowers children, it makes them feel frustrated and angry, and what can happen is that after a while kids become immune to being yelled at. They tune it out,” said Dr. Myrna B. Shure, a professor of psychology at Drexel University, who conducted a five-year study, financed by the National Institute of Mental Health, of children from kindergarten to fourth grade. [INFOCUS Free Newsletter]

Emotional abuse (psychological abuse, verbal abuse, mental injury) includes acts or omissions that have caused, or could cause, serious behavioral, cognitive, emotional, or mental disorders. In some cases of emotional abuse, the acts of parents or other caregivers alone, without any harm evident in the child’s behavior or condition, are sufficient to warrant child protective services (CPS) intervention. For example, the parents/caregivers may use extreme or bizarre forms of punishment, such as confinement of a child in a dark closet. This is usually done in the name of “discipline.”

Examples of emotional abuse include:

Belittling - Disparaging comments; making what one said as unimportant or contemptibly small
Countering and correcting - Responding in opposition and pointing out errors and mistakes
Put-downs disguised as jokes - Making critical, dismissive, or slighting remarks in a joking, often sarcastic, way
Teasing - Harassing someone ‘playfully’ and often with sexual connotations, or harassing maliciously (especially by ridicule); provoking someone with persistent annoyances NOTE: If teasing is reciprocal, it can be considered a playful bonding interaction and is not abusive. If one or both persons are already in a relationship with another, then this type of teasing is flirting and is emotionally abusive in its betrayal.
Holding out - Refusing to provide emotional support, share information, or otherwise be intimate in a relationship.
Shutting down - Changing the subject of a discussion (particularly if it is done rapidly), stopping an emotionally-uncomfortable discussion down entirely, and “forcing a discussion off-track”
Blame-shifting - Scape-goating or laying the responsibility of one’s actions on someone else (e.g., “It’s your fault,” “If only you were more/less _____,” “You’re just trying to pick a fight”)
Fault-finding - Relentless criticizing and correcting
Intimidation - Words or actions that threaten or imply harm or loss of something important; emotional blackmail
Insulting and labeling - Calling someone something pejorative; name-calling
Selective memory - Remembering only parts of an event or bringing up only negative aspects of a person; includes ‘forgetting’ and altering of facts to make himself/herself look good
Commanding - Issuing demands in a controlling or dominating way (as opposed to polite and respectful requests)
Lashing out - Angry attacks, yelling, screaming, raging, temper tantrums

Some emotional abuse, such as habitual scape-goating, belittling, or rejecting treatment, is often difficult to prove and, therefore, child protective services may not be able to intervene without evidence of harm to the child.

________________________________________________

Only one teacher really did scare me. He was not afraid to scream at his students and be a hard ass.

This particular school has issues that need to be addressed. They have a hostile and aggressive approach to get children to listen. I have heard the teachers numerous times, and the volunteers Yell at the children at the top of their lungs.

Is not just the yelling! Is the body language and facial expressions that tell me this people is not qualified to deal with young children.

As your article mentioned, we as parents feel overwhelmed sometimes and are tempted to yell at our children, but if this is considered a form of emotional abuse if parents do it at home; what laws are there to protect our children from people like this when we leave them in their care for a full day of school? By the end of the day I get children who are stressed out beyond believe, and frustrated because they have been yelled at all day!

Some of the teachers with the worst classroom discipline are the “screamers.” These are the teachers who yell at their students continuously. Eventually, this form of negative reinforcement causes the students close their ears and write off their teacher’s behavior as unreasonable. Sometimes silence speaks louder than words. Screaming rarely works and in fact often makes a class come together against the teacher.

ADULTS AND CHILDREN AGAINST VIOLENCE

Constant Yelling Can Be Just As Harmful to Children as Physical Abuse
What does the research show?

Most parents, even the most patient ones, lose their temper and yell at their children. According to a 2003 study published in The Journal of Marriage and Family, 88 percent of the 991 families interviewed admitted shouting, yelling or screaming at their children in the previous year. That percentage jumped to 98 percent in families with 7-year-old children.

While occasional yelling is common in American families, parents who constantly yell at their children are subjecting their children to emotional abuse that researchers say can be as harmful as physical abuse. A 2001 study in the American Journal of Psychiatry involving 49 people with depersonalization disorder (a mental disorder in which a person has a feeling of detachment or estrangement from one’s self) and 26 emotionally healthy people, found that yelling and other forms of emotional abuse was a more significant predictor of mental illness than sexual and physical abuse.

Besides being potentially harmful if overused, yelling is often ineffective. “Children can become immune to being yelled at and start to tune it out,” according to psychologist Myrna B. Shure, Ph.D., of Drexel University.

Dr. Shure’s research shows that parents whose only way of disciplining their children is by yelling, demanding or commanding have children that at age four or five are more likely to display physical or verbal aggression, social withdrawal, and a lack of positive/prosocial behaviors, such as sharing and empathy. She says instead of yelling, which makes children feel angry and frustrated, parents should use a problem-solving approach in which children are taught to think about their own and others’ feelings. For example, if your children will not pick up their toys, ask them to think of how you feel when they won’t pick up the toys. Then ask them to think of something they can do so you won’t feel that way.

This approach can have large and long-lasting effects on children’s behavior (see http://www.psychologymatters.org/shure.html and http://www.thinkingchild.com).

How do these findings relate to ACT?

The ACT program recommends that the best way for parents to prevent negative behaviors in their children is to support positive behaviors. Parents may be less tempted to yell at their children if they talk to their children about simple rules about behavior, and then put them into action. After setting up the rules, parents can guide children using some of the following approaches:

• Let children know what you expect, with simple statements. “Please put away your toys right now.”
• Give warnings and reminders, without threats. “When you put away your toys, then you can go outside with your friends.”
• Tell a child what to do rather than what not to do. “Please use a soft voice,” instead of “Stop yelling!”
• Follow through with praise for following instructions or consequences for disobeying.
It is normal for adults to get angry; but it is important to learn to recognize angry feelings and to learn and practice positive ways of dealing with them. For specific anger-management steps, read the ACT handout: “Helping Adults Manage Their Angry Feelings” (http://www.actagainstviolence.org/materials/handouts/FamilyAM1.pdf).
Citations:
Simeon, D., Guralnik, O., Schmeidler, J., Sirof, B., & Knutelska, M. (2001). The role of childhood interpersonal trauma in depersonalization disorder. American Journal of Psychiatry, Vol. 158, pp. 1027-1033.
Straus, M.A., & Field, C.J. (2003). Psychological aggression by American parents: National data on prevalence, chronicity, and severity. Journal of Marriage & Family, Vol. 65, pp. 795-808.
Shure, M.B. (2005). Thinking Parent, thinking child. New York: McGraw-Hill.

Screaming at children seldom helps, may hurt, THE NEW YORK TIMES, November 14, 2004

The thing about children is that sometimes they misbehave. They disobey. They talk back. They ignore their chores and fight with their siblings.

Even the most patient parent can end up hollering. Indeed, yelling at children is so common in American households that most parents view it as an inevitable part of childrearing.

But in some cases, researchers say, yelling can become a form of emotional abuse. And children whose parents consistently raise their voices or combine yelling with insults, criticism, ridicule or humiliation may suffer from depression, dips in self-esteem or demonstrate more aggression themselves.

While physical abuse of children has been widely studied, child development specialists have in recent years begun to focus more attention on emotional abuse, which studies suggest can be equally harmful. In 2002, the American Academy of Pediatrics urged pediatricians to be aware of the risk factors of psychological maltreatment of children.

The academy’s report, based on numerous studies, said that “a chronic pattern of psychological maltreatment destroys a child’s sense of self and personal safety.”

Almost every parent yells at one time or another. A 2003 study by Dr. Murray A. Straus and Carolyn J. Field, published in the Journal of Marriage and Family, found that 88 percent of the 991 families interviewed reported shouting, yelling or screaming at their children in the previous year. Of the families with 7-year-old children, 98 percent reported having yelled.

In another study, not yet published, Dr. George Holden at the University of Texas and his colleagues followed 132 parents and their newborn infants over four years. Thirty-five percent of the parents reported yelling at their children before they were 1. By the time the children were 4, 93 percent said they had.

Not all children suffer as a result. Researchers say that content and context matter. The tone, what is said and the frequency can mitigate or exacerbate its effects.
“The difference comes in how the yelling is used,” said Bonnie Harris, a parent educator in Peterborough, N.H., and author of “When Your Kids Push Your Buttons: And What You Can Do About It.”

“Is it blaming and shaming?” she asked. “If the child is being held responsible for the parent’s feelings and behavior, then the yelling can have a deleterious effect.

“But not if the parent is just venting without blame, saying, ‘I am really angry, I can’t stand this anymore,”‘ Harris said. “You have just as much right to your emotions as your children do.”

Researchers are trying to codify the definition of emotional abuse while, at the same time, understanding more about its effects. A study in the July 2001 issue of the American Journal of Psychiatry that compared 49 subjects with depersonalization disorder with 26 emotionally healthy subjects, found that emotional abuse was the most significant predictor of mental illness, more so than sexual and physical abuse.
Straus, director of the Family Research Laboratory at the University of New Hampshire, said yelling could set a bad example for children that affects the way they handle social interactions later on.

“Yelling sets the tone for family relationships that carry over for dating relationships where you get a lot of psychological aggression,” Straus said.

Still, in the context of a supportive family environment, raised voices do not necessarily signal trouble, a study published last summer in the Journal of Emotional Abuse says.

“Other familial factors (particularly, having an emotionally warm and close relationship with at least one parent) appear to ameliorate the potential negative effects and also to play a greater role in long-term psychological outcomes than yelling or other forms of aggressive acts,” Dr. Anupama Sharma, assistant professor of psychology at Eastern Illinois University and a co-author of the study, said in an e-mail message.
Some experts even say that yelling can be useful, teaching children about failures in a safe environment.

“Children have to understand that we as parents are not perfect and every once in a while we lose it,” said Dr. Bennett Leventhal, director of child and adolescent psychiatry at the University of Chicago. “It’s far better to understand at home that sometimes people get beyond their limit.”

But as most parents can testify, screaming at children is often not effective.
“Yelling overpowers children, it makes them feel frustrated and angry, and what can happen is that after a while kids become immune to being yelled at. They tune it out,” said Dr. Myrna B. Shure, a professor of psychology at Drexel University, who conducted a five-year study, financed by the National Institute of Mental Health, of children from kindergarten to fourth grade.

The yelling can also make parents feel worse. Jen Sayre, a mother of three from Rockingham County, N.H., said she hated yelling at her children.

“I feel so sad and out of control when I’m yelling, and I’m mad at myself,” she said.
Sayre does not yell often, she said, because she and her husband took workshops with Harris to help them be more effective parents.

That was four years ago. Today, on the rare occasion that Harris raises her voice, a child pipes up and puts her in her place.

“My kids will look at me now and say, ‘Mommy, this is your issue, you need to work on that,” Sayre said. “I try everything I can do not to yell, but when I do yell, I apologize.”