Posts in Jaime
What Maryland Can Do with DJ Durkin -An Employment Contract Analysis

During a preseason workout, University of Maryland redshirt freshman offensive lineman Jordan McNair collapsed after a conditioning test comprised of ten 100-yard sprints (a.k.a. "suicides," a common athletics drill). From there, he was hospitalized and died two weeks later from heatstroke complications. Exactly what happened on the field during training that day and exactly who was on the field overseeing the workouts is currently under investigation.

The reports so far contain a lot of alleged details, but we will not know more of the full story until the investigations are complete. What we do know comes from a Tuesday press conference [see full transcript], UMD President Wallace D. Loh and Athletic Director Damon Evans stated that McNair's treatment did not include cold-water immersion and that "care we provided was not consistent with best practices." Moreover, Loh went on to say that they met with McNair's family to apologize and take "legal and moral responsibility" for what happened leading up to their son's death. We also know that Maryland Head Football Coach DJ Durkin, along with three of his staff members, were placed on administrative leave and that strength and conditioning coach Rick Court, the man who was running the workout, officially received the boot.

There could be many components at play here that we, unfortunately, need to wait to truly find out: any signs of struggle earlier in the workout; whether proper protocol was followed by the coaches, including those for precautions under certain conditions and medical guidelines for attending to any resulting injuries; whether Durkin was aware of the workout conditions; whether Durkin was aware of any protocols not being followed; whether Durkin was there when it all went down (according to reports, he was there); and whether McNair had any pre-existing health conditions that people were unaware of could also come into play in determining how toxic the football culture at Maryland is under Durkin's watch.

So, what can Maryland do with DJ Durkin, from a legitimate legal perspective?

To figure this out, let's (a) go over why we are focusing on the exact terms of Durkin's contract with Maryland, (b) highlight a few sections that may be triggered in determining what will happen with Durkin's employment status, & (c) use those sections to support the three potential scenarios - firing with "cause", firing without "cause", or keeping him.

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What OSU Can Do With Urban Meyer - An Employment Contract Analysis

Ohio State University is the latest entity trapped in the knotted-up business ethics & moral dilemma of what to do with a person of high authority who could have known about domestic violence allegations against a staffer and failed to do what he was supposed to do. Yesterday afternoon, OSU placed head football coach Urban Meyer on paid administrative leave while the university conducts an investigation into the issue at hand - whether Meyer knew about the domestic violence allegations against his former wide receiver coach, Zach Smith, by his ex-wife Courtney Smith and failed to follow the university's protocol according to the terms of his employment.

Expect a resolution very quickly. The football team starts practices in a few days, and when someone is placed on paid administrative leave, that is a pretty good sign that the parties involved are negotiating terms of separation. Here, it is uncertain at this time whether OSU interprets Meyers possible behavior as violating the terms of his employment. Furthermore, that would absolutely influence how OSU goes about any separation discussions, but at the same time, it would be understandable that both parties want to handle this and move forward in a swift, adequate fashion.

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Fun Facts & Implications You Should Know for the 2018 NFL Draft

This weekend is the 83rd Annual National Football League Player Selection Meeting, a.k.a. the 2018 NFL Draft! If a team has a successful draft, Lord knows that its trajectory can change dramatically. Because of these stakes, the league has formalized the process over the years to (try to) become more equitable to every team. As you can imagine, player selection means contracts on contracts on contracts, rules and regulation enforcement, a shift from amateur to professional status, and OH so much more law-related fun. Here are a few fun bits of knowledge y'all should store in your brains.

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The Case Michigan State's Tom Izzo Could Have for Defamation

Over a week has passed since ESPN let loose its detailed report stemming from Larry Nassar's sexual assault incidences. The entire situation regarding the adequacy and possible active sexual assault cover ups at Michigan State University is unfortunate because there is so much that happened in the past that cannot be sufficiently remedied beyond justice being served. Some people are beginning to speak out against sexual assault cases they personally experienced, and some people are choosing to dig deeper into the dirt, almost as if trying to take ESPN's Outside the Lines report to the next level (and that report already took things to an uncomfortable but necessary level). In doing so, this creates a problem that implicates certain Michigan State figures - at this point, are we able to separate subjective opinion and irresponsible journalism from objective facts to learn what has really been going down in East Lansing?

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Overwatch League Starts Strong In Its Stance On Player Conduct Expectations

The Overwatch League (OWL) began a few weeks ago and saw, in my opinion, a pretty successful inaugural weekend! Viewership has dropped a bit since, but that is to be expected to an extent. As its second week of competition began, though, the OWL experienced what could be called its first bit of "sports law" controversy - Félix "xQc" Lengyel, the tank for the Dallas Fuel, made some anti-gay slurs about one of his Houston Outlaws opponents on Thursday night on his personal Twitch account livestream after the Outlaws shut out the Fuel, 4-0. Austin "Muma" Wilmot, the tank for the Outlaws, is openly gay, & despite xQc stating afterward that he had no malicious intent in his remarks, OWL chose to stay strong in its disciplinary stance.

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Administrative Failures in Handling Sexual Assault is a Widespread Issue

In light of the horrible Larry Nassar & USA Gymnastics sexual assault matters & lawsuit, I wanted to share a piece I wrote back in 2013 (i.e., as a law student).

Keep in mind that I was a 2L at the time and did not have quite the understanding of the law as I do now 5 years later (oh my goodness, 2013 is already 5 years ago), but nonetheless, this Comment on USA Swimming is very informative and discusses the same issues as we are today within a different National Governing Body (NGB). Moreover, this Comment shows how another NGB dealt with sexual assault allegations initially and how its later dealings still proved to be insufficient. Hopefully, USA Gymnastics can learn from USA Swimming's past legislative and moral failures. Even more importantly, it evidences how Nassar and USA Gymnastics is only the latest example of administrative failures in handling sexual assault matters. It is a widespread issue across sports, and that widespread issue stretches well beyond sports at that.

In large part, USA Swimming's failures in handling sexual assault were not more widespread until 2017 thanks to an Indianapolis Star investigation. Not to toot my own horn here, but to a legal eye, this was easy to spot as a hot topic problem years before that.

Without further ado...

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A Joint Olympic Team May Sound Weird, But the Joint Korean Team is Not the First

On Wednesday, North and South Korea agreed to the unthinkable - they are forming their first joint Olympic team and will march together in February's Opening Ceremony for the PyeongChang Winter Olympic Games! This is pending approval from the International Olympic Committee (IOC), naturally, but this is a massive step toward cooperation between the Koreas after nuclear weaponry programs created quite a bit of tension. (Even war was a potential outcome at one point!) This marks the first time in 11 years the two nations will parade together for the ceremony and takes it indeed further. Since South Korea is this Games' host country, this set up an opportune moment for reconciliation. There are a few unique points that should be highlighted from their provided joint statement...

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2018 Sports Law Hot Topics To Watch

Per usual, I would like to make my predictions regarding what topics I believe will be extra sizzlin' in 2018, but I will do so in a slightly different way. Here are brief descriptions of what each topic is, some insight as to why I have it on my predictions list, and who you can pay attention to for the latest news, updates, and analysis throughout the upcoming year:

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