Earrings & Liability

[BayStateRef]

For the lawyers and wanna be lawyers on this forum: Can you point me to a specific legal case where an official has been held liable or sued for negligence because he allowed a girl to play while wearing earrings and someone was injured and blamed the official?

I have been told, clearly and unequivacoally, not to allow girls (and boys) to play while wearing earrings, even if they put tape over the earrings. It has always been an easy call for me -- until this weekend.

Girls varsity level ...end of summer tournament hosted by a local college. The tournament director is the college basketball coach. I am U1 (2-man crew) and before the opening tap, I see one player with tape on one ear lobe. She tells me it is covering an earring. I then see a small stud earring in the other ear that is not taped (this one is not on the ear lobe.) I tell her that she cannot play with earrings -- taped or not. I also told her that as a varsity player, she should know that she cannot play with earrings. The head coach is a dad...since Massachusetts does not allow varsity coaches to coach in the off-season. I tell him the situation and he has no problem with the ruling. The girl declines to remove the earrings (I did not tell her to do that...I only told her that she could not play with them.)

We get a substitute for the player and a couple of minutes later the tournament director approaches me. She said that this is an "informal summer tournament" and I should not be so rigid about the rule. I tell her...in clear, unambiguous words...that this rule is a safety and liability issue. She said that she will allow the player to participate if the earrings are taped and she will accept liability. I tell her that I want a written waiver and from her and the girl's parent and she agrees.

The player later enters the game, with both earrings taped. The game proceeds without incident and I have not heard from any lawyers yet. That night I get a call from the tournament assignor, who officiated several games. He said he had an "earring incident" in one of his late games (girl playing with tape over earrings; not discovered until very late in game; he tells girl she cannot play with earring; girl, coach and parents say she has played all day like that and no other official said anything.)

Now...when I told the girl in my game that she could not participate, my partner said, out loud, that it was fine as long as they were taped. I pulled him aside and told him "absolutely not. We are not going to waive this rule." He had the same attitude as the tournament director: "It is only summer ball. It is no big deal. Let's get the game going." To be fair, after I spoke with him later and after he thought about it, he changed his mind. He said he is an "old timer" who doesn't worry about these things, but upon reflection, he agreed that I was correct in insisting that she not play with the earrings.

When I described this to another official today, he said, "Tape them. Let's play. It's only summer."

So...back to my original query. If it is a summer tournament...not played under any the sanction of the MIAA or any other formal organization (but using NFHS rules), can the tournament director decree "taped earrings are OK"? Should I insist on a written waiver in advance? Am I being ridiculously overcautious? And lastly...what is with these girl athletes? Why don't they just leave the earrings at home or in the car before a game...any game.

[Adam]

Good grief. I hate this about girls ball, but I can't imagine letting this go at the high school varsity level; even in summer ball. They should know better. Liability or not, it's a safety issue and she's not just endangering herself.

I'm pretty certain it's not going to close up in an hour.

TDs can pretty much dictate whatever they want; they don't have to have me officiate their games, though. Regardless of liability, I'm not interested in applying first aid when someone gets cut or an ear gets ripped. Tape falls off when players sweat.

I caved on this once in a 4th grade AAU girls game. After reflection afterwards, I won't do it again.

[JRutledge]

I do not know of a single case that has been filed about this issue. I am sure someone knows of a specific case. Considering the litigious nature of this country and that people and companies are sued all the time over a perceived violation of a policy or something that is not even against policy, I do not want to take the chances. But if a tournament says it is OK, I would have no problem throwing them under the bus if there is a legal action taken.

Peace

I had the opportunity to work a NCAA-W summer league this year. The women had bobbypins, earrings, studs (tongue) I tried to have them remove the illegal objects, but the director insisted that "it's only summer ball". So we played on & without any incidents thank God! I'm learning that summer ball isn't as by the book as the regular season, but one would tend to think safety should be a goal year 'round

Only 119 days until the regular season tips off! Then we won't have to hear the tired "it's only summer ball" excuses anymore



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

[JRutledge]

Originally Posted by Ch1town

I had the opportunity to work a NCAA-W summer league this year. The women had bobbypins, earrings, studs (tongue) I tried to have them remove the illegal objects, but the director insisted that "it's only summer ball". So we played on & without any incidents thank God! I'm learning that summer ball isn't as by the book as the regular season, but one would tend to think safety should be a goal year 'round

Only 119 days until the regular season tips off! Then we won't have to hear the tired "it's only summer ball" excuses anymore



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

And I would have said to the TD, if they sue you and me is that going to be your excuse? Summer ball does not excuse any safety issue. I know that is hard to fight for sometimes and I have been there as well. But I will not play a game with a clear safety violation.

Peace

[Camron Rust]

Saftey rules should never be waived. End of discussion.

[RCBSports]

Originally Posted by Camron Rust

Saftey rules should never be waived. End of discussion.

Agreed. Safety is for the kids. Hence why they make rules =P

-Lucas

[Jurassic Referee]

Originally Posted by Camron Rust

Safety rules should never be waived. End of discussion.

Unfortunately, some officials will always find some kind of weak excuse not to take care of bidness.

[Y2Koach]

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]

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?

[fullor30]

Had 'just summer ball' varsity girls tournament a few weeks ago with all the aforementioned cliches "the other refs said it's ok" "C'mon, just summer ball"

Favorite is "I can't take them out, I just got them in" I politely say I'm not telling you to remove them but you can't play with them in. Coach then echoes players story. Game starts with girl on bench, a quarter later, guess what? the earrings that couldn't be removed are out. I told her at half she moved much quicker without them. At least I got a smile.

I have no problem enforcing this rule.

[just another ref]

Originally Posted by Y2Koach

Opposing coach to #21: See! i TOLD YOU THAT MOVES A TRAVEL!!
#21: No it's not, they didn't call it

Hard to argue with this logic.

[JRutledge]

Originally Posted by Y2Koach

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

hilarious...

I must be missing something here. Does not the clock run during the summer? Whether I call 80 fouls and violations, the game moves pretty much at the same pace does it not?

Actually the more fouls (or violations) I call, the less I have to move.

Peace

[Camron Rust]

Originally Posted by JRutledge

I must be missing something here. Does not the clock run during the summer? Whether I call 80 fouls and violations, the game moves pretty much at the same pace does it not?

Actually the more fouls (or violations) I call, the less I have to move.

Peace

Yep, you're missing something...stopped clock here for summer league. I'm sure we're not the only place that does stopped clock for summer. We do straight-up rules except for no count of personal fouls and an shortened halftime.

[Tio]

I will try to make this as simple as possible.

As officials, our job is to enforce the rules. There are no jewelry rules at every level. When we as officials, choose to not enforce the rules (i.e. allowing players to wear jewelry), we totally open ourselves up for a negligence suit. I cannot recall a law suit of this kind, but it could happen....