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-   -   Earrings & Liability (https://forum.officiating.com/basketball/46913-earrings-liability.html)

Adam Mon Aug 04, 2008 02:55pm

Quote:

Originally Posted by BayStateRef
If we waive some rules (or the TD does), does it automatically follow that we can waive any rule?

No. The TD has a right to do as she wishes, but she won't have me officiating her games if she waives safety rules. Again, I'm not interested in stopping the game to clean blood up off the floor. Liability is a minor concern for me; the actual safety of the players is a bigger deal to me.

College coach should know better, and I guarantee you princess will take her earrings out if she thinks a college scholarship may be riding on whether she plays in the tournament or not.

JRutledge Mon Aug 04, 2008 02:57pm

Quote:

Originally Posted by Smitty
If the safety issues don't convince you that you shouldn't let them play with jewelry, this should. You're screwing your fellow refs who now have to clean up your mess when they enforce the rule in the later games.

We worry too much about what other officials do. I do not care what someone did before or even after me. I only can be responsible for what I do and what I am dealing with in that particular game.

Peace

Odd Duck Mon Aug 04, 2008 02:58pm

I have had a tournament director tell me the same thing. However, when I asked who he was going to get to officiate the game he just looked at me with an odd look and said "What do you mean?" I replied, "If she plays with earrings I will not be officiating."

Girl didn't play. :D

Tim C Mon Aug 04, 2008 03:33pm

Coming Soon
 
In the upcoming November issue of "High School Today" there is a legal column written by Lee Green (Baker University Professor of Law) that covers this issue.

There is no such thing as a waiver of liability concerning high school rules. In any sport, at any level, if NFHS Rules are used there can be no waiver. It is not legal to do so.

The attempt at a waiver places the official in the position of responsibility.

Do not accept this practice.

Regards,

BktBallRef Mon Aug 04, 2008 03:35pm

I would have told the tournament director that she could find someone else to work the game. I would not have allowed her to player with the earrings.

BktBallRef Mon Aug 04, 2008 03:38pm

Quote:

Originally Posted by JRutledge
I do not think that is fair. Many times the Tournament Director is more concerned about making the participants happy and they are unaware of the rules in the first place. I had the very same thing several years ago and I did not know what to do at the time. Now I take a much clearer stand and what is required as it deals with the rules. During the regular season this is not an issue because we are under the jurisdiction of the state and if we do not enforce the rules thoroughly, there is a different consequence. Often during the summer the TD wants to make everyone happy and they do not have a set of rules or an organization making sure they follow strict guidelines.

Peace

None of that matters if someone gets hurt. Even with a waiver, they can prove you're negligent because you knew the rules but still allowed her to play.

BktBallRef Mon Aug 04, 2008 03:40pm

Quote:

Originally Posted by Tim C
In the upcoming November issue of "High School Today" there is a legal column written by Lee Green (Baker University Professor of Law) that covers this issue.

There is no such thing as a waiver of liability concerning high school rules. In any sport, at any level, if NFHS Rules are used there can be no waiver. It is not legal to do so.

The attempt at a waiver places the official in the position of responsibility.

Do not accept this practice.

Regards,

Thank you, Tim. This is exactly what an attorney told our group.

BktBallRef Mon Aug 04, 2008 03:42pm

Quote:

Originally Posted by BayStateRef
Since it is her tournament, played under no formal sanction (T-shirts for the winners; bragging rights for anyone who wants; a couple of college coaches hanging around to scout and/or recruit), she can pick and chose the rules.

She may change timing rules or such things, but in no way would I ever tolerate her changing a safety rule. I believe you were in error.

JRutledge Mon Aug 04, 2008 03:44pm

Quote:

Originally Posted by BktBallRef
None of that matters if someone gets hurt. Even with a waiver, they can prove you're negligent because you knew the rules but still allowed her to play.

Of course they can. But that does not mean everyone knows how to deal with when confronted with the situation. It is not all about what the rules says it is also about how you can deal with the pressure and knowing your place in all the excitement.

Peace

Adam Mon Aug 04, 2008 03:45pm

Quote:

Originally Posted by BktBallRef
Thank you, Tim. This is exactly what an attorney told our group.

It makes total sense. It's becoming established legal doctrine that a person cannot truly sign away their liability, it seems.

Furthermore, even if Mom and Dad and all living Grandparents attempt to sign a waiver, you'd need to get one from every parent of every child playing in that game. And that's assuming the waivers would actually protect the official from liability; a dubious proposition at best.

Pushing for a waiver could be viewed as an acknowledgment of the dangers, leaving you wide open for a lawsuit.

Tio Mon Aug 04, 2008 03:49pm

Screw the tournament director! Do you think they are going to admit they told you the kids could play with earrings once the lawsuits start flying? Plain and simple, the guy or girl takes the earrings out or they don't play. If the tournament director wants to avoid the rules, then why do they need the officials? I walk out of the gym at that point. Which is probably why I hate summer ball.

Mark Padgett Mon Aug 04, 2008 03:53pm

Quote:

Originally Posted by Snaqwells
and the TD (who essentially writes your paycheck) wanting to make the coach and mom

That's one horny TD! :D

Y2Koach Mon Aug 04, 2008 04:05pm

Quote:

Originally Posted by Ch1town

coach: You didn't see that travel?
official: Yes but it's only summer ball.

I actually had this exact conversation with an official, at a High School Varsity level summer jamboree. It actually went like this:

Y2Koach: Isn't that a travel
Official: haha, yes it is
Y2Koach: He did it again, haha
Official: I saw that
Y2Koach: Call it then, he's getting past our guy every time!
Official: I know, but it's just summer ball. If I called every travel, he'd have like 10 and this game would take forever
Y2Koach: Do you have somewhere to go???
Official: That's enough, coach
Y2Koach: So what happens when that kid goes into next season and gets called for a travel every time he gets the ball?? How does he get better??
Official: That's not my job, coach.
Y2Koach: Then what IS your job?
Official: *TWEET*, technical foul...
Opposing coach: What did you do?
Y2Koach: He said he saw #21 travel several times, but didn't call it cuz he has somewhere to go...
Opposing coach to #21: See! i TOLD YOU THAT MOVES A TRAVEL!!
#21: No it's not, they didn't call it
Opposing coach: Wait, isn't it running time?
Y2Koach: He said it, not me...
Opposing coach to Y2Koach: We've been trying to get #21 to break that habit of dragging his back foot on that move...
Official: That's enough coach
Opposing coach to Y2Koach: I'm not even talking to him!
Official: *TWEET* technical foul...

hilarious...

Adam Mon Aug 04, 2008 04:06pm

Quote:

Originally Posted by Mark Padgett
That's one horny TD! :D

Fixed it.

Adam Mon Aug 04, 2008 04:08pm

Quote:

Originally Posted by Y2Koach
Official: I know, but it's just summer ball. If I called every travel, he'd have like 10 and this game would take forever

I wish I didn't believe you; but I do.
Answer: "No, if you called everyone, he'd stop after 2 or 3."

Did he offset the Ts? :)


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