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OHSAA Administrators’ Update Fall Seminar 2010. Presented by the Ohio High School Athletic Association. Presenters. Dr. Daniel B. Ross, Commissioner Mr. Steven L. Craig, Legal Counsel for the OHSAA Dr. Deborah B. Moore, Associate Commissioner. Eligibility Update.

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OHSAA Administrators’ UpdateFall Seminar 2010

Presented by the Ohio High School Athletic Association


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Presenters

  • Dr. Daniel B. Ross, Commissioner

  • Mr. Steven L. Craig, Legal Counsel for the OHSAA

  • Dr. Deborah B. Moore, Associate Commissioner


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Eligibility Update

  • The OHSAA goal is service to the members

  • Service in the form of assistance in interpreting the bylaws

  • Major areas of inquiry

    • Scholarship Standards

    • Transfer of High School students


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Review of Scholarship Standards

  • New 7-8th grade standards – 4-4-4 & 4-4-5

    • At the end of the first grading period of 2010-11 – must pass a minimum of five subjects that receive a grade or a P/F

    • All subjects taken in a grading period count

    • Standard was adjusted to align more closely with high school standard

    • Permit students to be eligible in a 7-course curriculum if failing two courses


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High School Standard

  • 4-4-1 – Must pass five one credit courses or the equivalent each grading period

  • Three exceptions

    • Senior in top 10% who has enough credits to graduate in preceding semester

    • Withdrawn or removed for injury or illness

    • Received an “Incomplete” due to injury, illness, family hardship or inclement weather

      Ineligible until ruled eligible by the compliance staff – Debbie Moore or Roxanne Price


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Transfer Eligibility

  • Major area of questions

  • OHSAA has developed a “Transfer Bylaw Resource Center” on the web site at http://www.ohsaa.org/eligibility/TransferBylawGuidance.htm to assist schools

  • All principals and athletic administrators received email guidance on most of the major transfer issues this summer


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The Basic Rule – 4-7-2

  • If a student transfers high schools after establishing eligibility

    • Plays in a contest prior to school in the fall of grade 9

    • Attends any high school the first five days of grade 9

  • The student will be ineligible for all sports at the new school for one calendar year

  • Transfer means to change schools at any time after establishing eligibility as a 9th grader


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Parents’ Bona Fide MoveException 1

  • Exception one of Bylaw 4-7-2

  • Parents move into a new school district

  • Triggers choice of either the public high school in the new district or any non-public high school

  • Move must be contemporaneous – within the last calendar year

  • Note “Parents” – plural

  • Note: Residence Bylaw 4-6-1 defines a Bona Fide Change of Residence


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Parents’ Bona Fide Move

  • What should the school administrator do?

    • Interview the parents

    • Check custody documentation – Q #12 on the Affidavit

    • Review the Affidavit of Bona Fide Residence with the parents

    • Sign the front page along with both parents

    • Ask the parent to take the actual affidavit to a notary

    • Review the document after it is notarized

    • Send to OHSAA

    • Be prepared to check on the residence periodically, document the visits, and do so at “off hours”


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Major Problems with the ABFR

  • No custody information supplied - #12

  • Move made prior to the last calendar year - #8, #13

  • No Driver’s license/ID with current address - #17,#18

  • No Voter Registration (note that this does not compel the individual to actually vote)

  • No school administrator signature

  • Failure of school personnel to check up on the residence


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Legal Change of CustodyException 2

  • Exception two of 4-7-2

  • When a court-ordered change of custody results in the student’s change of school district, this triggers:

    • Choice of the public high school in the new custodian’s school district

    • Choice of any non-public school

  • Requires an actual legal change of custody, not a Power of Attorney or an affidavit for school attendance


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Legal Change of Custody

  • What must the school administrator do:

    • Obtain the court order and insure that it is a legal change of custody signed by a judge or magistrate

    • Draft a letter to either Deborah Moore or Roxanne Price stipulating

      • The person named in the custody document is a resident of the new school district into which the student is moving

      • The student will live full time with that resident for one full year

      • Send a copy of the court order along with the letter


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Legal Change of Custody

  • Note: Redesignation of residential parent within a Shared Parenting agreement is NOT a legal change of custody

  • Attorney Craig will provide additional guidance on this concept in accordance with Ohio law


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Bona Fide Move of a parent in Shared parenting - Exception 3

  • The only exception that mentions shared parenting

  • Allows for eligibility when either one of the parents in this agreement (both have legal custody) makes a bona fide move to a new public school district

  • Requires the ABFR

  • Triggers the choice of public school in the district of either parent or any non-public school

  • The same criteria as in exception 1 apply


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School Closes – Exception 4 3

  • Single Public or any non-public school closes

    • Immediate transfer eligibility at any member school

    • No ruling required

  • Multiple Public High School District – This exception does not apply to a school closure

  • Schools that discontinue high school after grade 9

    • Immediate transfer eligibility and no ruling required


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Transfer to Residential High 3School – Exception 6

  • Permits one transfer into the high school in the parents’ district of residence

  • Requires a form but no ruling

  • If the student starts grade 9 in the residential district of both parents or one parent in a shared parenting agreement, there is no exception six option


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Transfer to Non-Public 3 High School – Exception 7

Scenario #1 - Transfer back into the same nonpublic school after using Exception 6

  • Started grade 9 in a nonpublic school

  • Used Exception 6 to transfer to the residential public school

  • May return to the same nonpublic school provided he/she continuously attended a school in the same system (Independent, Catholic, Christian, etc) from grades 6-8 (demonstration of commitment)

  • Student must be ruled eligible by OHSAA


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Ex. 7 Continued 3

Scenario #2 - Transfer into anonpublic high school no later than the beginning of the sophomore year under the following conditions:

  • Started grade 9 in the residential public high school

  • May transfer into a nonpublic high school within the same system (independent, Catholic, Christian, etc) in which the student continuously attended from grades 6-8 (demonstration of commitment)

  • Student must be ruled eligible by OHSAA


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Self Support – Exception 8 3

Exception 8 – Self Support

  • Student does not live with parents or relatives

  • Is financially self supporting and is not supported by family members – Required monthly earning is $350 – net funds.

  • May be ruled eligible upon approval of OHSAA every 30 days

  • Principal or AD to submit form found here:

    http://www.ohsaa.org/eligibility/forms/selfsupport.pdf


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Home not ready for Habitation 3Exception 10

  • School must submit purchase agreement or other documentation for a ruling


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Return from Domestic Exchange 3Program – Exception 12 - New

  • Program is academic/educational

  • Student receives credit

  • Athletic participation, if any, is secondary to the program

  • Structured beginning and ending

  • Must be declared eligible upon return

  • Use form at http://www.ohsaa.org/eligibility/ByLaw4-7-2_Exc12.pdf


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Intra district and System 3 Transfers – Multiple High Schools

  • 4-7-4 – Public schools with attendance zones – during school year transfers

  • 4-7-6 – Public schools – transfer at beginning of year

    • Redistricting

    • Change in Academic Program

  • 4-7-7 – Non-public schools – transfer at beginning of year

    • Change in Academic Program

    • Financial or transportation Hardships


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Resource Center 3

  • Please see the Transfer Eligiblity Resource Center on www.ohsaa.org home page or on the eligibility home page at

  • http://www.ohsaa.org/eligibility/TransferBylawGuidance.htm


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Mr. 3Steven L. Craig, Esq.Legal Counsel to the OHSAACanton, [email protected]


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LEGALLY SPEAKING… 3

  • Transfer Bylaw – most frequently asked questions in the Commissioner’s office

  • Tendency to look at exceptions as the rule rather than the exceptions to a rule

  • Bottom Line – student who is not an incoming 9th grader and is transferring to your school - RED FLAG


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TRANSFER EXCEPTIONS 3

  • Currently 12

  • Most contain phrase – “…Ineligible until ruled eligible by the Commissioner’s office”

  • Submission of required documentation and ruling – not merely a bureaucratic formality

  • Important and necessary step in the eligibility process

  • Must pass the “SMELL TEST” – ex. ABFR


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INTERPLAY OF EX. 2 AND 3 3

  • Exception 2 – Change of Custody

  • Exception 3 – Bona Fide Move of a parent in a shared parenting agreement

  • Typical Scenario

    • Parent comes to enroll student

    • Tells you he/she has custody and student lives with him/her

    • Shows you court document

      • Looks official; relates to divorce/dissolution, time stamp, judge’s signature


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CHANGE OF CUSTODY, CONT. 3

  • Document may read: “Father shall have custody of [student] who shall reside with father. Mother shall have reasonable visitation but shall, at a minimum, have rights as set forth…”.

  • When the school and the OHSAA staff recognize the change of custody – the student may be ruled eligible via exception 2


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THE RUB 3

  • Before we can rule, more information is required

    • Did the parents have a shared parenting plan?

    • Many times the limited information provided is not enough

  • Why is it important to know if the parents have shared parenting vs. sole custody?

    • Ex. 3 is the only exception addressing shared parenting and requires one parent to make a bona fide move

    • If shared parenting plan is still in effect, - notwithstanding a reallocation of parenting rights - ex. 2 can never apply as there is no change of custody


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O.R.C. 3109.04 (L)(6) 3

  • Stipulates that if the court order provides for shared parenting, each parent, regardless of where the child lives is the residential parent and legal custodian

  • Therefore, as long as shared parenting remains in effect, there can be no change of custody to trigger exception 2

  • The language of these exceptions is carefully crafted to prohibit students moving back and forth from parent to parent to gain athletic eligiblity


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CONTRACTS/CONTRACTING 3

  • When was the last time your district reviewed its contracts?

  • How about an inventory of who is authorized to and does sign those contracts?

  • What training has been provided?

    • Legal issues

    • Philosophy of the school


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OFFICIALS CONTRACTS 3

  • Myohsaa online contracts changed to add language that is legally consistent

  • League Commissioner and assignors assume many of these duties

  • Contemporaneous issues

    • Fee setting by schools and officials

    • Future dates for service – too many years out

    • Consequence for failure to report


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GAME CONTRACTS 3

  • OHSAA is updating game contract forms

    • Past form was short on specifics as to terms

  • Pay attention to the “Liquidated Damage Clause” of the form agreement

    • Develop position regarding game cancellations in accordance with circumstances

    • Consider football developing trends

    • Consider school funding and suspension of sports programs


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THIRD PARTY REVENUE 3CONTRACTS

  • Business Model – Changing from ticket revenue to expanding sources such as sponsorships, radio/TV, etc.

  • Sponsorship Contracts - school personnel may have no idea of “price points” and are relatively inexperienced in this realm

    • Identify your inventory

    • Identify your philosophy/objectives

    • Negotiate “price points” (short term recommended)

    • Collections?


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MEDIA CONTRACTS 3

  • Starved for content – THEY WILL P AY YOU!

  • Remember

    • They have the expertise in this area

    • Don’t let them “poor mouth” – they would not want to do your contests unless there was a profit to be made

    • Protect your copyright

    • Establish payment terms – how much and when due

  • Internet Streaming – newest method

    • Once it is “out there,” it is out there forever

  • Choose your partners wisely


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LEAGUES 3

  • Most schools belong to leagues

  • Constitution and Bylaws are contracts and governed by contract law

  • League enter into contracts that affect revenue

  • Everyone should be on the same page with these contracts

  • League schedules as posted become game contracts

  • Are your contracts in order

  • Dr. Ross is working with league commissioners to assist with this document development and production


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BUSINESS MODEL CHANGES 3

  • Scenario:

    • 20 basketball game schedule with half home games

    • “Staffed” by parents/boosters who take tickets, sell programs, usher, work scorers table, host teams/officials, sell concessions

    • Staff “paid” a nominal sum – ex. $10/game = $200

    • Check would be issued at the end of a season


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BUSINESS MODEL CHANGES 3

  • 2008-2009 – Feds estimate a loss of 7-9 BILLION $ in tax revenues due to “misclassified” workers – workers classified as independent contractors rather than employees

  • As a result – Feds have allocated $25 Million extra to IRS to “find” these misclassified workers

  • IRS – has made it easier for employers to classify workers by simplifying the analysis into three factors

    • Behavioral Control

    • Financial Control

    • Type of Relationship


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WHAT DOES THIS MEAN TO ME? 3

  • Ohio Bureau of Workers Comp has already determined that the following individuals are “Reportable” for payroll purposes:

    • Special event workers: ticket takers, security and parking attendants; non-certified officials, other workers including paid student help; off-duty law officers hired for security

  • Non-Reportable workers

    • Licensed sports officials


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TAXES, TAXES AND MORE TAXES 3THINK ABOUT IT!

  • 828 member high schools in OHSAA

  • If none of these schools paid taxes on or for these workers and the workers are determined to be employees

    • Back tax liability is a three year “look back”

    • Penalties could be huge

    • Incentive to collect is huge

  • Please make these changes now!


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GOOD BOARD POLICIES 3

  • Best way to protect your school – institute good Board policy now

  • Does your school have Board policy that addresses

    • Electronic communications between coaches, staff and students?

    • Hazing?

    • Sexting?

    • Face Book and other social networking sites?

    • Blogging?


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BOARD POLICIES, CONT. 3

  • Concussion Policy

    • Dr. Ross will discuss this important issue

    • OHSAA in concert with legal experts and professional organizations will develop a template policy for your Board in relation to the RTP protocol for a student who may have sustained a concussion

  • We must reinforce the notion that interscholastic athletics participation is a PRIVILEGE and not a RIGHT

    • Do you and your staff treat this participation as a privilege and do your written documents reflect the concept?



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District 3Completely DiscontinuesSports Programs – Exception 11

  • Superintendent formally notifies the OHSAA in writing

    • Transfer may occur at anytime after the sports programs are discontinued

    • Transfer back to the high school must take place prior to the start of the next school year following the school year in which resumption of sponsorship of interscholastic programs occurred

    • Must be ruled eligible by OHSAA


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What is a Concussion? 3

A concussion is a mild traumatic brain injury that interferes with normal function of the brain

Evolving knowledge

“dings” and “bell ringers” are serious brain injuries

Do not have to have loss of consciousness

Only 4% in Football- 2009

Young athletes are at increased risk for serious problems


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What is a Concussion? 3

A concussion is a mild traumatic brain injury that interferes with normal function of the brain

Evolving knowledge

“dings” and “bell ringers” are serious brain injuries

Do not have to have loss of consciousness

Only 4% in Football- 2009

Young athletes are at increased risk for serious problems


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Extent of the Problem 3

Professional athletes get a great deal of attention

1,600 NFL players

Much more common in high school than any other level- due to large number of participants

HS Sports Participants

Football- 1.14 million

Boys Soccer- 384,000

Girls Soccer- 345,000

Boys Hoops- 545,000

Girls Hoops- 444,000

NFHS 2008-09


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Extent of the Problem 3

9% of all sports injuries

19.3% of all Football injuries in 2009!!!

Likely at least 140,000 concussions in HS athletes yearly based on High School RIO estimates


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Not Just a Football Problem 3

Injury rate per 100,000

player exposures

Football 52

Girls’ Lacrosse 39

Girls’ soccer 35

Boys’ Lacrosse 32

Wrestling 22

Girls basketball 20

Boys’ soccer 17

Softball 15

Boys basketball 7

High School RIO 08-09


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Concussions 3

Dominant sports and health topic

Medical community not driving the agenda

Easy to understand problem/solution

Huge media focus

New Yorker- Malcolm Gladwell

New York Times- Alan Schwarz

Sports Legacy Institute

60 Minutes

Parents of injured/deceased athletes


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Becoming a Political Issue 3

  • NFL, NCAA and NFHS have all testified to Congress

  • State laws in WA and OR in 2009

    • Others have followed in 2010

    • What’s happening in your state?

    • Keep your ear to the ground

  • Potential national legislation

    • Return to play guidelines

    • Education policies


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History of Sports 3and Concussions

  • The flying wedge, football's major offense in 1905, spurred the formation of the NCAA

  • Large numbers of players injured and killed

  • President Roosevelt summoned college athletic leaders to the White House

    • Reform game or have it banned


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Problems for Administrators: Just a few mouse clicks away……

“At Burg, Simpson, Eldredge, Hersh, & Jardine, P.C., our brain injury lawyers represent brain injury victims caused during high school sports in Colorado, Wyoming and nationwide. We have the resources and experience with complex brain injury lawsuits to fully assess your injuries and take your case to a jury. If you or your loved one has suffered a brain injury while playing high school sports, please email or call us today.”


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What has happened to make this such a big deal? away……

  • Increasing awareness and incidence

    • Number of high profile athletes over the past 20 years

      • Steve Young, Troy Aikman, Eric Lindros, etc

    • Bigger and faster kids, increased opportunities


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What has happened to make this such a big deal? away……

  • High profile cases

    • Second Impact Syndrome

      • Death or devastating brain damage when having a second injury when not healed from the first

    • Long-term effects

      • Possible long-term effects- dementia, depression


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NFL Making Changes away……

  • NFL Commissioner before Congressional Sub-committee in October 2009

  • NFL’s response since that time:

    • Resignation of concussion committee co-chairs

    • Hiring of “independent” neurologists to make Return to Play (RTP) decision

    • No RTP same game in most cases


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NCAA Follows NFL Lead away……

  • June 2010

    • NCAA now making changes in response to what NFL & NFHS has done

      • No return to play same day of concussion??

      • Much disagreement


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Concussion Management: Zurich Guidelines, 2008 away……

Consensus statement of international concussion experts

No same day return to play for adolescents

Graded Return to Activity

NFHS SMAC strongly suggested no same day RTP and initiated rule change before Zurich statement was published

Previous rulebooks required removal from contest if “unconscious or apparently unconscious.”

RTP only if signed note from MD/DO


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2010-11 NFHS Rule Book Changes on Concussion away……

  • Any athlete who exhibits signs, symptoms, or behaviors consistent with a concussion (such as loss of consciousness, headache, dizziness, confusion, or balance problems) shall be immediately removed from the contest and shall not return to play until cleared by an appropriate health-care professional. (Please see NFHS Suggested Guidelines for Management of Concussion).

    • Approved by NFHS Sports Medicine Advisory Committee – October 2009

    • Approved by the NFHS Board of Directors – October 2009


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2010-11 NFHS Rule Book away……Changes on Concussion

Suggested Management:

No athlete should return to play (RTP) or practice on the same day of a concussion.

Any athlete suspected of having a concussion should be evaluated by an appropriate health-care professional that day.

Any athlete with a concussion should be medically cleared by an appropriate health-care professional prior to resuming participation in any practice or competition.

After medical clearance, RTP should follow a step-wise protocol with provisions for delayed RTP based upon return of any signs or symptoms.


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Appropriate Health-Care Professional away……

Who should it be??

  • MD/DO

  • Athletic Trainer

  • Nurse Practitioner

  • Physician Assistant

  • Neuropsychologist?

  • ???????

    Ideally

  • Should have knowledge and extra training in sports-related concussion management


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Officials Responsibility away……

  • Recognize the signs or symptoms of a possible concussion and remove the athlete from play

    • The responsibility of the official is limited to activities that occur on the field, court, or mat

    • Once the participant has been removed from a contest due to a suspected concussion, the coach or appropriate health-care professional(s) assumes full responsibility for that athlete’s further evaluation and safety

    • No signed document is needed nor is verification of the appropriate health-care professionals’ credentials


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Concussion Management - away……The Basics

Develop Coach Education

Awareness and Recognition

When in doubt, sit ‘em out!!

RTP Policies

No return to activity on the same day of a concussion

No return to activity if having symptoms of a concussion

Appropriate Health-Care Professional Clearance


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Concussion in Sports away……What You Need to Know

FREE

COURSE!


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Prevention away……

  • “Concussion prevention” has become the “holy grail” for sports equipment marketers

    • Soccer head gear

    • Girl’s Lacrosse head gear/helmets

    • Pole vaulting helmet

  • New football helmets, soccer head pads, mouth guards- NO PROVEN PROTECTION FROM CONCUSSION!!


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Concussion in the Classroom away……

Heads Up to Schools:

Know Your Concussion ABCs

  • Material for teachers,

    counselors, school nurses,

    and parents

    http://www.cdc.gov/concussion/HeadsUp/schools.html


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REAP away……

Reduce, Educate,

Accommodate, Pace

Emphasizes team approach

to concussion management

in school setting

Developed in Colorado

http://cokidswithbraininjury.com/mild-tbi-concussion-info/


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Ohio’s Modification away……

  • Any athlete who exhibits signs, symptoms or behaviors consistent with a concussion (such as loss of consciousness, headache, dizziness, confusion or balance problems) shall be immediately removed from the contest and shall not return to play until cleared with written authorization by an appropriate health care professional


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Who is a health care away……professional in Ohio?

  • In Ohio, the definition of “appropriate health care professional” shall be:

    • A physician as authorized under ORC 4731

      • Doctors of Medicine (M.D.’s) or

      • Doctors of Osteopathy (D.O.’s)

    • An Athletic Trainer, Licensed under ORC 4755


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Conclusions away……

  • Educate

    • Everyone dealing with young athletes must be aware of the signs, symptoms, and ramifications of concussions

    • Coach education a must!!

  • Communicate

    • Everyone must know role

  • Mandate or Legislate?

    • Concussion management policies must be in place at every level

    • If you don’t do it, someone will do it for you


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Information from the Competitive away……Balance Committee

  • Charge to the Committee

  • Items Under Consideration

  • Recommendations to the Board slated for October



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