Writings

Since its founding in 1992, the Sport Law & Strategy Group has written extensively on topics of interest to sport people. Our articles have appeared in magazines like Coaches Plan (formerly Coaches Report), LawNow, Canadian Lawyer, The Lawyer’s Weekly, and numerous academic journals. We have also published many books over the years, and our regular newsletters contain useful written pieces for sport leaders.

This section of our web site compiles all the books and articles that we have written since 1992, organized conveniently by subject categories and subcategories. We have also included a few articles and reports written by other authors, which are published here with their permission. The categories and subcategories are fairly self-explanatory, but if you are having trouble finding a particular article, you can also search for it by subject, source, author or year.

We encourage you to come back to this page often, as we post new material on a regular basis. If you would like to stay up-to-date on our new postings, you can join our Facebook page and receive notices about new writings and announcements.

 

The Permanency of Social Media

by Kevin Lawrie. Organizations and individuals are frequently re-learning that posting something on social media ensures the near-permanent existence of that material.  A tweet that is posted six months ago can be easily found by an intrepid researcher.  A picture that is posted to Facebook never really goes away. These reasons underscore why we need [...]

 

Dina Bell-Laroche appointed True Sport Fellow

The True Sport Foundation announced today that Dina Bell-Laroche has been named the second ever True Sport Fellow.  The first True Sport Fellow was Ian Bird, who completed a True Sport Fellowship on Innovation. The True Sport Fellowship offers an opportunity for an accomplished sport leader in the Canadian sport community to engage other sector [...]

 

In 1994, Rachel Corbett wrote a handbook on Harassment in Sport that was distributed to NSOs and other amateur sport organizations around the country. As part of our 20th anniversary of service to the Canadian amateur sport industry, we thought it might be interesting to post the handbook and ask Rachel about the evolutionary changes [...]

 

The Permanency of Social Media

by Kevin Lawrie.

Organizations and individuals are frequently re-learning that posting something on social media ensures the near-permanent existence of that material.  A tweet that is posted six months ago can be easily found by an intrepid researcher.  A picture that is posted to Facebook never really goes away. These reasons underscore why we need to be especially careful about our social media use.

We’ve written about defamation before – and it is worth remembering that even if something posted online was deleted, the length of time that it was posted is still a factor when determining publication and damage to a person’s reputation.

Professional golfer Phil Mickelson recently decided to go after an anonymous commenter on a Yahoo sports story who, among other character attacks, alleged that Mickelson fathered an illegitimate child. Mickelson first asked Yahoo for the ISP of the commenter (who was Quebec-based), then went to court in Quebec to force the ISP to disclose the identity of the commenter, and the Court recently agreed that Mickelson was entitled to know the commenter’s identity. Presumably, Mickelson intends to sue for defamation.

But defamatory comments are not restricted to professional sports athletes. In 2008, a well-known Canadian NSO leader was labeled “incompetent” and “inept” in an extended diatribe posted on a sport-specific forum by a slighted former athlete. This leader has since moved on from that position – but the posts remain.  Anyone searching for the leader’s name may come across this forum and see these posts.

Similarly, the Canadian Soccer Association and the Alberta Soccer Association are the subjects of a nasty attack website, which alleges a number of conduct issues within those organizations.

We’ve written about organizations’ problems with disgruntled members, and these types of isolated postings are almost certainly the work of members who have perceived (rather than actual) grievances.  But a random reader who stumbles upon these websites does not know the context.  To the new visitor, these sites and posts could represent legitimate and widespread opinions.

Organizations and individuals can be affected by postings in different ways. The two previous examples of Phil Mickelson and the NSO leader describe defamation – but member conduct is also an issue.

A former player from a CJHL hockey team posted a story on his blog where he (after identifying himself and his former team) describes himself: hazing rookie team members in the locker room, forcing rookie players to drink and perform degrading activities, driving drunk, and ripping the pants off a girl and then having sexual intercourse with her while she screamed in pain.

A young minor volleyball athlete posted a photo on Twitter of herself bringing many bottles of alcohol into the team lockerroom; intended for team-wide consumption after a practice. Her Twitter feed also included tweets where she insulted opponents, swore frequently, and allegedly threatened opposing team members’ parents.

What can an organization or an individual do?

In instances where the posted conduct is illegal (as in the case of the hockey player and, possibly, in the case of the defamation) the organization should review the Criminal Code and consider taking a complaint directly to the police.

But in instances where member conduct is an issue, an organization or individual should take as many proactive steps as possible.  Education about the permanency and non-privacy of social media is the very first step, especially with younger athletes.  Members must be aware that their postings on social media are public and subject to the organization’s Code of Conduct and Discipline policy (two policies that every organization should have and enforce).

In our view, an organization’s Code of Conduct and Discipline policy should address conduct that occurs outside of “sanctioned” activities. We recently noticed an incident where an organization basically ignored the conduct of its players (who were alleged to have committed rape) and claimed the party at which the incident occurred was “non-sanctioned”.  Actually, any conduct by a member, at any time, reflects on the organization – so it is sensible for the organization to always monitor its representatives’ conduct.  A recent notable example of an athlete violating a Code of Conduct is the case of the Water Polo Canada athlete who was suspended by the organization and denied funding for two years because of his participation in the 2010 Stanley Cup riots in Vancouver.  Strong conduct deterrents can help manage negative behaviour – in both sanctioned and non-sanctioned activities – and in social media communication.

Individuals have a tougher time of managing their online identities and reputations, but can also take proactive steps.  Regularly google yourself.  Not simply by googling your name, but by googling your name in connection with your sport, alongside the names of other members, and in connection with previous controversial incidents in which you may have been involved.  If you find evidence of possible defamation, you can contact forum moderators, alert ISPs, or even hire private companies that specialize in cleansing online identities.

The Canadian NSO leader who was allegedly defamed in a forum should be aware of the posts (and was), should be prepared to refute any of the allegations if they happen to come up a job interview, and may consider proactively disclosing possible defamation that may exist somewhere online.  Further, even after four years, it may still be possible (though perhaps unlikely) to get the posts deleted or make them harder to access.

Ultimately, despite the permanent nature of social media, taking a proactive approach can help manage individuals’ and organizations’ online identities. Even after time has passed, steps can be taken to minimize the damage of negative social media postings.

If you ever need access to the material or advice posted on our website… remember that the material posted here will always, always be accessible.

Dina Bell-Laroche appointed True Sport Fellow

The True Sport Foundation announced today that Dina Bell-Laroche has been named the second ever True Sport Fellow.  The first True Sport Fellow was Ian Bird, who completed a True Sport Fellowship on Innovation.

The True Sport Fellowship offers an opportunity for an accomplished sport leader in the Canadian sport community to engage other sector leaders in exploring how we can better use sport and physical activity to address emerging opportunities and challenges.

Dina will complete a True Sport Fellowship on Leadership Development.

The full press release is available on the True Sport Foundation website.   Congratulations Dina!

Harassment Issues in Sport – from 1994 to 2012

In 1994, Rachel Corbett wrote a handbook on Harassment in Sport that was distributed to NSOs and other amateur sport organizations around the country. As part of our 20th anniversary of service to the Canadian amateur sport industry, we thought it might be interesting to post the handbook and ask Rachel about the evolutionary changes she has seen in on this topic since 1994.

 

1.  What has been the main change, between 1994 and 2012, in how sport organizations handle harassment issues?

There is definitely more awareness today than there was 18 year ago. When we wrote Harassment in Sport in 1994, there were virtually no resources on this topic that were applicable to sport, and certainly, few or no sport organizations had any policies. We actually adapted these materials from leading-edge work on harassment being done in academic environments. Shirley Voyna-Wilson (Harassment Officer at the University of Calgary) and Sandra Kirby (Researcher at the University of Winnipeg) were early leaders in this field. Since authoring this document, it has become standard practice for sport organizations to have a Harassment Policy and in fact, almost all funding agencies now require organizations to address harassment in their policy framework as a condition of receiving funding.

2.  What has changed in law?

Well, both legislation and common law have evolved. In legislation, we have seen the Criminal Code revised to reflect the crime of ‘criminal harassment’, or stalking, and we have also raised the age of consent and clarified the ‘close-in-age’ rule that applies to sexual relationships with and between young people. In Ontario, we have recently seen the introduction of legislation to address workplace safety and violence. On the common law front, the standard of care continues to be elevated and the Supreme Court of Canada has rendered some significant rulings related to how organizations should plan and deliver programs to better anticipate and manage the risk of harm to young people, or other vulnerable persons. There is also a far greater awareness of bullying and there are some very accessible and practical resources and tools to help people address bullying behaviour. Many of these have come from scholastic settings.

3.  The word ‘hazing’ does not appear in this 1994 handbook – but now many organizations have a ‘hazing policy’.  Sport organizations in 2012 seem more aware of hazing and harassment in general.  What are some things that have resulted from this increased awareness (e.g., have instances of harassment decreased)?

I think it became standard practice to view hazing as a form of harassment around year 2000. That’s about when I started to write it into policies. Certainly, people in sport are more aware of ugly behaviour (harassment, bullying, hazing, sexual misconduct) today than they were in the 1990s. But does this mean ugly behaviour has diminished? Likely not. It has just become more clandestine. I continue to be amazed when otherwise sensible sport people turn a blind eye to appalling behaviour. In my December blog post, I wrote that “All the laws, policies, standards, protocols, rules, screening systems and police checks in the world don’t protect vulnerable people from harm. The only thing that protects those people, who cannot protect themselves, is other people“. Our main focus should be on educating, changing attitudes, and supporting those people who have the courage and conviction to intervene when it is called for.

4. In the 1994 handbook, you wrote about the many myths of harassment.  Are there any new myths that you would add for 2012?

The myths set out in 1994 still prevail in some quarters. As to new myths… I think any discussion today about harassment and related behaviours must take into account the internet and social media. For example, I don’t think the amount of school-based bullying has necessarily increased from one generation to the next, but I think the impact of bullying on kids today is far greater because there is no escape from it. When I was a kid, I could go home at the end of the school day and be in a safe space, at least until the next morning. Kids today don’t have that escape valve – through Facebook, texting and other computer-mediated communication, the bullying continues 24/7.

5.  Should sport organizations still have a stand-alone Harassment Policy?

Actually, no. Harassment now has a more precise legal definition. My experience is that much of the behaviour that people categorize as harassment is not actually harassment. It is behaviour that we can broadly categorize as misconduct. For about five years now I have been advocating eliminating stand-alone harassment policies, and I instead favour the creation of comprehensive codes of member conduct and accompanying procedures to address misconduct. For example, having a Code of Conduct combined with a Discipline and Complaints Policy, and ensuring that this Code captures all kinds of misconduct, including harassment. A number of NSOs have followed my lead and have had good success in promoting positive member behaviour through the use of these simpler, yet more comprehensive policy tools.

6.  In 1994, were sport organizations reluctant to adopt harassment policies or policies in general?  Comparatively, in 2012, are organizations more accepting of having policies? 

I don’t think there was a reluctance to adopt policies, rather there was limited awareness of the importance of good policies. I have always said that policies are your friend, not your foe – they are a road map for when the road gets bumpy. Frankly, in the amateur sport world I think that the Centre for Sport and Law (as we were known then), was partially responsible for raising the awareness of the need for policy documents. We pushed that agenda quite hard, and there was a good legal case to be made to have policies for such things as safety, team selection, coach and athlete conduct, and so on. But there is a pendulum – and the pendulum is swinging back to a reasonable middle ground. I remember when Athletics Canada had four or five different policies that addressed different aspects of conduct, and it was confusing for everyone and also put the organization in a precarious position. So we took those policies, broke them down, and re-consolidated them into a single (and far simpler) document. I think we have too many policies now, and not enough common sense, problem-solving, or communication.

7.  Besides Facebook and social media policies, are you seeing any trends or developments?  Are there any policies that proactive organizations could adapt now to stay ahead of the curve?

Certainly every organization should carefully review its policies and determine if it can, through careful consolidation, have fewer of them. A truly proactive organization lives its core values, focuses on communication and education, and invests in professional development for its staff and volunteers. So I think an explicit commitment to ‘live the values’ of the organization can go a long way to changing how people think and act. If an organizational value is respect, and if that value is widely shared, discussed, reflected upon and reinforced, then it is far less likely that people will behave disrespectfully, and it is therefore less necessary for an organization to rely on its policies to solve a problem. A proactive organization should be attempting to pre-empt its issues so that policies are needed only in rare cases.