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-   -   Religious Headwear ... (https://forum.officiating.com/basketball/105148-religious-headwear.html)

BillyMac Fri Sep 25, 2020 10:39am

Religious Headwear ...
 
I'm not sure why I'm posting this other than I found this very interesting.

Last night Theresia Wynns, NFHS Director of Sports and Officials Education, made a short presentation at our IAABO International Virtual Fall Seminar.

Although she didn't specifically refer to this news item ...

https://news.yahoo.com/muslim-teenag...111001873.html

... I'm pretty sure that she had this situation in mind when she spoke.

She was "careful" with her words, and didn't indicate that there will be any change in the current NFHS religious headwear rule, but she did "suggest" that officials may want to let players with such religious headwear participate in that game at that site at that time (assuming not abrasive, hard, or dangerous, attached so highly unlikely to come off), and "then" proceed with "followups", advising the coach and athletic director to followup with the state association, and then the official following up with their local board, which would then followup with the state association.

Sounds good to me, I'm all for the First Amendment, religious freedom, religious expression, and not making fourteen year old high school girls (of any religion, of any age, of any gender) cry, but would like to see her suggestion codified into NFHS rules and/or into state association guidelines. Under the advice of her oral suggestion, I don't need religious headwear, under some extreme circumstance, being pulled off, falling on the floor, a player slipping on it, said player breaking her neck, becoming a quadriplegic, and I lose my house and savings in a negligence civil lawsuit.

Plaintiff's attorney: "It doesn't matter that the official checked said religious headwear and believed that said religious headwear was attached in such a way such that it was highly unlikely to come off during play. Said player should not have been allowed to play with religious headwear, there was no prior documented evidence provided to the state association that said player may not, for religious reasons, expose her uncovered head, and no prior approval of said religious headwear by the state association. The official's negligent decision to allow said player to participate while wearing religious headwear without prior documentation and prior approval was clearly against NFHS rules, rules under which this interscholastic basketball contest was played, and said official's ignorance of NFHS basketball rules, and negligent decision to allow said player to participate with religious headwear led directly to my client's horrific injury (points to high school girl in wheelchair). Your honor, and esteemed members of the jury, I submit Exhibit A from the NFHS Basketball Rulebook."

3-5-4-E-B: Head decorations and headwear, except those specified above, are prohibited. Exception: State associations may on an individual basis permit a player to participate while wearing a head covering if it meets the following criteria: For religious reasons – In the event there is documented evidence provided to the state association that a participant may not expose his/her uncovered head, the state association may approve a covering or wrap which is not abrasive, hard or dangerous to any other player and which is attached in such a way it is highly unlikely it will come off during play.

"Your honor, and esteemed members of the jury, as the plaintiff's attorney, I rest my case."

I'm especially interested in LRZ's take on this matter. He's seems to be what'cha call an expert in legal matters.

https://tse4.mm.bing.net/th?id=OIP.H...=0&w=300&h=300

Danvrapp Fri Sep 25, 2020 12:44pm

Quote:

Originally Posted by BillyMac (Post 1039769)

...and I lose my house and savings in a negligence lawsuit.

I agree with you whole-heartedly for this reason alone!

I like how the AD in your article was "unaware" of the rule that required written approval, thereby throwing the official under the bus.

The quote about the official having "good intentions but poor judgement" seems kind of hypocritical to me. Shame on that official for hiding behind the written rulebook!

I wonder, as the article goes on to say, when the rulebook gets rewritten so as to avoid players feeling ostracized and AD's feeling angry and deeply saddened, if there will be an inclusion to give officials amnesty if an when this event ever happens.

Nothing wrong with a little CYA, I suppose... Touchy subject...

BillyMac Fri Sep 25, 2020 01:18pm

General Liability ...
 
I have this. Don't really understand it. Would it cover me in the situation in my thread starter post? Is this good insurance for a basketball official? I've only posted the liability information. $3,000,000 doesn't seem enough for a quadriplegic high school student?

IAABO Insurance Program

General Liability
Pays for claims arising out of bodily injury and property damage to third parties – includes providing a legal defense for IAABO, IAABO Boards, and Member Officials

General Liability Coverage
$3,000,000 Per Occurrence
$5,000,000 Aggregate Per Official
Participant Legal Liability Included (suit from a player)
No Deductible
No Player vs Player Exclusion (suit resulting from a fight)
Covered for “any game, anywhere”
Carrier: Markel Insurance Company

Liability Protection (Included with IAABO Membership)
Covers bodily/personal injury and property damage to third parties
Bodily injury also includes defamation and negligence
Cost to defend a lawsuit is paid by the insurance company
Meeting sites for board meetings may ask for a certificate of insurance

Examples of Lawsuits

Negligence
Claims can arise based on official’s failure to inspect the court, control the game, etc.
Example: Player is attacked by opponent and sues official alleging that referee negligently failed to protect him.
Example: Injured player alleges that an official failed to control the game by not calling fouls or technical fouls, leading to a much rougher game and resulting in the player’s injuries.

Judicial Review of Official’s Decision on the Court
Calls made on the court can be a basis for a suit
Example: Athletes file suit against official claiming that the ref was not following proper procedures in the game, thus affecting their opportunity to secure college athletic scholarships.
Example: Actual IAABO claim – Coach sued IAABO official after being ejected from the game and escorted from gym by police. Claimed mental anguish, suffering, etc.

Liability
Aggregate $5,000,000 per Official/Per Location
Products-Completed Operations Aggregate Limit: $5,000,000
Personal & Advertising Injury Limit: $3,000,000
Each Occurrence Limit: $3,000,000
Player vs. Player $3,000,000
Participant Legal Liability $3,000,000
Fire Legal Liability $ 100,000
Medical Expense Limit-Other than Participants $ 5,000
Deductibles: None
Point of Contact: Borden Perlman

The_Rookie Thu Oct 01, 2020 01:53pm

Quote:

Originally Posted by BillyMac (Post 1039769)
I'm not sure why I'm posting this other than I found this very interesting.

Last night Theresia Wynns, NFHS Director of Sports and Officials Education, made a short presentation at our IAABO International Virtual Fall Seminar.

Although she didn't specifically refer to this news item ...

https://news.yahoo.com/muslim-teenag...111001873.html

... I'm pretty sure that she had this situation in mind when she spoke.

She was "careful" with her words, and didn't indicate that there will be any change in the current NFHS religious headwear rule, but she did "suggest" that officials may want to let players with such religious headwear participate in that game at that site at that time (assuming not abrasive, hard, or dangerous, attached so highly unlikely to come off), and "then" proceed with "followups", advising the coach and athletic director to followup with the state association, and then the official following up with their local board, which would then followup with the state association.

Sounds good to me, I'm all for the First Amendment, religious freedom, religious expression, and not making fourteen year old high school girls (of any religion, of any age, of any gender) cry, but would like to see her suggestion codified into NFHS rules and/or into state association guidelines. Under the advice of her oral suggestion, I don't need religious headwear, under some extreme circumstance, being pulled off, falling on the floor, a player slipping on it, said player breaking her neck, becoming a quadriplegic, and I lose my house and savings in a negligence civil lawsuit.

Plaintiff's attorney: "It doesn't matter that the official checked said religious headwear and believed that said religious headwear was attached in such a way such that it was highly unlikely to come off during play. Said player should not have been allowed to play with religious headwear, there was no prior documented evidence provided to the state association that said player may not, for religious reasons, expose her uncovered head, and no prior approval of said religious headwear by the state association. The official's negligent decision to allow said player to participate while wearing religious headwear without prior documentation and prior approval was clearly against NFHS rules, rules under which this interscholastic basketball contest was played, and said official's ignorance of NFHS basketball rules, and negligent decision to allow said player to participate with religious headwear led directly to my client's horrific injury (points to high school girl in wheelchair). Your honor, and esteemed members of the jury, I submit Exhibit A from the NFHS Basketball Rulebook."

3-5-4-E-B: Head decorations and headwear, except those specified above, are prohibited. Exception: State associations may on an individual basis permit a player to participate while wearing a head covering if it meets the following criteria: For religious reasons – In the event there is documented evidence provided to the state association that a participant may not expose his/her uncovered head, the state association may approve a covering or wrap which is not abrasive, hard or dangerous to any other player and which is attached in such a way it is highly unlikely it will come off during play.

"Your honor, and esteemed members of the jury, as the plaintiff's attorney, I rest my case."

I'm especially interested in LRZ's take on this matter. He's seems to be what'cha call an expert in legal matters.

https://tse4.mm.bing.net/th?id=OIP.H...=0&w=300&h=300

Billy, Is your Board having speakers present virtually? who else other than Theresa has presented?

BillyMac Thu Oct 01, 2020 05:20pm

IAABO International Fall Virtual Seminar ...
 
Quote:

Originally Posted by The_Rookie (Post 1039814)
Is your Board having speakers present virtually? Who else other than Theresa has presented?

The entire IAABO International Fall Seminar was virtual on Zoom.

Dr. Karissa Niehoff, NFHS Executive Director

Ms. Theresia Wynns, Director of Sports & Officials Education

Screening – John Rafferty (Board 95 MA)

Off-Ball Coverage – Charley Harbach (Board 7 CT)

Crew of 3 – Scott Bach-Hansen (Board 255 VA)

Foul Language - Kelly Callahan (Board 11 DE)

Crew of 2 - Dick Hecker (Board 33 NJ)

Strong, Decisive, Approachable - Tim Laurain (Board 211 CAN)

Block/Charge – Gary Sluck (Board 33 NJ)

Traveling – Charlene Shepard (Board 6 CT)

Pre-Game Conference and on the court – Orrin Barfield (Board 119 NY)

Above the Ring, Basket Interference & Goaltending - Bob Benjamin (Board 122 NH)

See what You Call, Call what You see - Jeff Jewett (Board 71 AZ)

Sequencing of Plays - Al Battista (Board 12 DC)

Officiating in the Wake of COVID-19 — Your Legal Rights - Alan Goldberger (Board 33 NJ)

Game Simulation - Billy Martin (Board 196 NJ)


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