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Risk Alerts

Consider liability before cutting sports

OSBA and PACE encourage members to consider potential liability before cutting athletic programs.

The best practice is to be alert to liability issues and make budget decisions accordingly.

• If possible, avoid cutting athletic transportation. Review policy EEAE, Student Transportation in Private Vehicles, to be sure your policy is current. Do not substitute student carpools for district transportation. It is preferable for students to ride with parents with valid licenses and adequate insurance coverage.
• As required by Title IX, continue to offer equal opportunities for boys and girls to participate in sports (including uniforms and transportation). Cutting girls' teams only may raise red flags. Use a standard procedure in deciding what programs to cut to eliminate potential bias.
• Conduct background checks and follow all other policies and procedures regarding volunteers. Keep funds raised by volunteers in on-campus accounts and oversee check-signing authority. Consider Title IX implications when a donor dedicates funds to a particular sport.
• If a student is injured during an athletic event, demonstrate concern, apologize to the parents and follow up to check on the student's recovery. A parent's perception that administrators do not care may be enough to trigger a lawsuit. However, do not offer to cover medical bills or admit liability. Refer to PACE guidelines, follow district policies and procedures, promptly report incidents internally and complete incident reports stating just the facts.

For a copy of policy EEAE, more information about standard procedures for deciding what programs to cut or more information about Title IX, please contact Lisa Freiley, OSBA Legal, Labor & Employment Services Associate Executive Director.