By: David Nash, Esq., Director of Legal Education and National Outreach
An Athletic Director’s (AD) effectiveness is measured not only in wins and losses, but in how well the athletic program safeguards student health and safety and complies with evolving legal requirements. A team-based, cross-departmental approach—rather than operating athletics as an “island”—is both a best practice and a legal risk management necessity. Key partners include the Title IX Coordinator/Affirmative Action Officer, and key school leaders overseeing Human Resources, Buildings and Grounds, Specialized Services, Curriculum and Instruction, School Security, School Counselors and Mental Health staff, and the School Nurses. In addition, partnering with the School Principal and Assistant Principal is critical. Each partnership addresses foreseeable legal issues that, if handled proactively, will help to reduce risk of liability and protect students.
This article draws from key issues addressed in a December 17, 2025 workshop offered by LEGAL ONE for the New Jersey State Interscholastic Athletics Association (NJSIAA) and highlights core aspects of the cross-departmental approach that the Athletic Director should consider. We hope that it can serve as a springboard for critical conversations at the school district level that ultimately enhance collaboration, improve services and reduce potential liability.
Title IX and Non-Discrimination: Equity, Retaliation, and Data
While athletics has the potential to ensure a safe, affirming environment and create a sense of belonging, legal issues may arise related to potential discrimination claims. Those risks can be effectively managed when the AD works closely with the district’s Title IX Coordinator and Affirmative Action Officer.
- Practical protocols. The AD should partner with the AAO and Title IX Coordinator to train all coaches on discrimination law and mandatory reporting obligations. The AD should also audit key athletics’ participation metrics, and address disparities that may emerge in reviewing the data on participation across gender, race, ethnicity, disability, and language proficiency.
- Foreseeable issues. Perceived inequities in facilities, equipment, field conditions, and locker rooms can trigger Title IX complaints and potential retaliation claims if concerns are raised and adverse actions follow. Coordinated, documented responses and equitable resource planning are essential. For example, if comparable resources and facilities are not provided for the girls’ softball team as compared to the boys’ baseball team, a potential Title IX issue may emerge.
Human Resources: Hiring, Training, Supervision, and Setting Clear Expectations
Having a strong relationship between the AD and the Director of Human Resources can ensure that sound, legally defensible protocols are in place to address issues related to screening, hiring, training and progressive supervision of all athletics staff.
- HR and AD collaboration. The AD is constantly involved in recruiting, screening, and training staff, and should ensure that athletics staff are provided with clear expectations and that sound protocols are in place to ensure non-discrimination and reasonable accommodations for staff, and progressive supervision. Human Resources should be a key partner in these domains.
- Foreseeable issues. Many foreseeable legal issues may arise without sound HR protocols in athletics. For example, coaches not employed full-time by the district need district-aligned onboarding, and could be overlooked when it comes to training, and access to policies to ensure legal compliance. In addition, coaches who are not regularly evaluated may engage in inappropriate practices for long periods of time without detection or correction of those practices by the AD. Those practices may be harmful to students, which in turn may increase district liability.
Buildings and Grounds: Premises Safety and Duty of Care
Numerous legal issues may arise related to maintenance and condition of athletic fields and facilities. Injuries arising from hazards on the way to or at athletic facilities can result in substantial liability to the district.
For example, in the 2017 case of Dickens v. Irvington School District, a 13-year old was injured while trying to jump over a cable that had been put in place so that students or others would not walk on athletic fields that were being redone. The student suffered serious injuries. A jury awarded $6 million for those injuries, down from $8 million since the student was found to be 25% at fault. The jury concluded that even though the student had some level of fault, the greater fault lied with the school district for failing to take reasonable steps to discourage students from acting recklessly and trying to jump over the cable. Reasonable steps in cases where the district is trying to prevent access to certain areas could include having numerous signs indicating the danger, engaging in enhanced supervision of the site, and enforcing student discipline when students attempt to engage in dangerous behaviors like jumping over the cable.
Given the critical role of the Buildings and Grounds department in maintaining fields, stands, locker rooms, and restrooms and the importance of addressing immediate concerns and long-term improvements the AD should be working closely with the department throughout the year.
- AD protocols with Buildings and Grounds. Meet regularly to review projects and concerns; annually assess fields, facilities, and equipment; promptly address emergent health and safety issues; and manage facility rentals and shared-use protocols, including ensuring AED readiness at shared municipal or youth program sites.
Specialized Services: Access and Accommodations for Students with Disabilities and Multilingual Learners
Participation in athletics provides a unique opportunity for students to develop a true sense of belonging to the school community, something that is critical for all students, but especially for students who may otherwise be marginalized, such as students with disabilities and multilingual learners. The AD should proactively address critical issues such as those listed below.
- Full Participation and Access for Multilingual learners (MLs). Communication with parents/guardians should be in the primary language to avoid denial of rights or opportunities; reliance on students/family members or unreliable tech for translation is a foreseeable risk. The AD should work closely with the supervisor overseeing supports for multilingual learners to provide coaches with supports and realistic strategies for effective communication.
- Equal access. Districts must provide reasonable modifications and necessary aids to afford equal opportunity to participate in athletics unless doing so would constitute a fundamental alteration in the nature of the sport (e.g., shortening the length of a football field). Competitive standards can remain if nondiscriminatory. Equal opportunity does not guarantee a roster spot where tryouts apply. In addition, modifications cannot change essential aspects of the sport.
- AD-coach-case manager protocols. Notify coaches when appropriate that a student has an IEP or 504 plan; ensure coach-case manager consultation to align accommodations and health/safety needs; sustain timely dialogue if plans are not working.
Curriculum and Instruction: Climate, Culture, Character, and Academic Reinforcement
In many ways, coaches are teaching critical life skills everyday as they work with student athletes. That work should be aligned with district goals, and with conscious efforts can be used to both extend and reenforce critical learning.
- Alignment opportunities. Athletics can reinforce anti-bullying, non-discrimination, SEL, resilience, self-care, academic standards, and service learning.
- AD and C & I protocols. Meet with curriculum leaders to align reinforcement opportunities and ensure coaches participate in professional learning that supports district goals; enable appropriate coach-teacher communication on student needs.
- School Safety/Climate Team. Consider appointing a coach, or being directly involved as AD, in the School Safety/Climate Team given the central role of athletics in school climate.
Collaboration with Principal and Assistant Principals
Principals and Assistant Principals have broad areas of responsibility governing all aspects of a school’s operations, including addressing student conduct. Recent state and federal case law has established some important limitations on the ability of school districts to suspend students from participation in athletics. For example, a 2012 Commissioner of Education decision involving the Ramapo-Indian Hills School District (See the LEGAL ONE Video summarizing case) and legal implications made clear that school contracts with student athletes may go too far if they are used to suspend student athletes from sports participation for activities such as participation in parties over a weekend, unless there is a sufficient nexus to the school district (beyond saying that the student needs to be a role model).
Similarly, the U.S. Supreme Court decision in the 2021 case of Levy v. Mahanoy School District made clear that student comments on social media venting frustration about not making the varsity softball team or cheerleading squad could not be the basis for suspending the student from the JV teams, since the comments were made on the student’s own time, outside of school, on a personal device, and did not involve threats to students or staff or any efforts to cyberbully students.
AD and Principal/AP Protocols. The AD should hold regular meetings with the school principal and ensure coaches immediately report code of student conduct violations to the principal. Protocols should be in place to communicate when discipline imposed affects participation in athletics. The AD and principal should work together to leverage coaches as credible messengers to support student behavior interventions.
School Security: Threat Assessment, FERPA, and Event Safety
School security is incredibly complex in the area of athletics. Listed below are some key considerations for the AD in working with others on school security issues.
- Foreseeable threats. Coaches may have critical threat assessment insights; locker room exterior doors are often propped open; spectators may bring firearms or other weapons; concurrent community use can create conflicting emergency procedures; staffing variability and access needs for students with disabilities complicate emergency response.
- Event protocols. Assess rivalry-related risks; ensure non-employee coaches receive district security training; coordinate emergency response protocols with visiting schools; debrief after events and remediate gaps; and engage state resources for training and audits.
- Outreach to NJDOE. School districts should consider accessing the expertise and support available from the NJDOE Office of School Preparedness and Emergency Planning, including free training and security audit services (Training or Technical Assistance Request)
Student Health
Student athletes, like other students, may struggle with their mental health, and need ongoing support. The AD can play a crucial role in ensuring that there is effective information sharing between the school’s mental health professionals and the athletic department, where appropriate. Mental health conditions can also trigger duties to provide reasonable accommodations The AD can play a key role in working with other key stakeholders in this area.
- Foreseeable issues. Hidden injuries due to scholarship pressures or not wanting to let down teammates, post-injury mental health concerns, uncertainty about medical equipment access, and confusion about addressing new health information after clearance all create potential risk.
- AD and Mental Health Staff protocols. Establish when coaches should be informed of traumatic events impacting athletes; streamline pathways for coach-counselor communication; and train coaches on handling emergent issues such as suicidal ideation or threats of harm.
- Additional health guidance. The AD should ensure athletics staff are trained on other key State protocols, such as those that address diabetes care, life-threatening allergies, opioid antidote administration, concussion management, medication self-administration, emergency epinephrine training, overdose response resources, and mental health guidance.
- AD health protocols. Regularly meet with the Supervisor of School Nursing and supervisors overseeing mental health staff to ensure effective information sharing with coaches and trainers, comprehensive coach training on all health protocols, and one-to-one coach/nurse and other stakeholder meetings for students with unique health and emergency plans.
Conclusion
Athletics cannot be managed as a silo without legal risk. The AD’s leadership in convening and coordinating across the district is a legal imperative that protects students, supports equity, and strengthens compliance. By instituting clear protocols with Title IX/AAO, HR, Buildings and Grounds, Specialized Services, Curriculum and Instruction, school leadership, Security, School Climate Teams, Counseling, and Nursing, the AD cultivates a culture of safety first and positions the district to anticipate issues instead of reacting to crises. This strategic, team-based model is not only good practice, it is a central part of meeting the district’s duty of care and safeguarding the health and safety of every student-athlete.