Friday, August 28, 2009

Commonwealth of Kentucky v. David Jason Stinson: Should Coaches be held Criminally Liable for Athletes' Deaths?

I have a column on SI.com concerning the first case in which a high school coach has been criminally charged with a player's death. The trial will begin on Monday. Here's an excerpt of the column:

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Former Pleasure Ridge High School (Louisville, Ky.) football coach Jason Stinson faces charges for reckless homicide and wanton endangerment, felonies which each carry maximum five-year prison sentences, for the August 2008 death of sophomore offensive lineman Max Gilpin. Gilpin collapsed at the end of a series of wind sprints held in allegedly 94-degree temperatures. When taken to the emergency room, Gilpin's body temperature was reportedly 107 degrees. Gilpin died three days later.

Other facts remain in dispute and will be contested during Stinson's trial, which is scheduled to begin on Monday. According to prosecutors, Stinson, despite having been trained on the dangers of heat-related illnesses, subjected Gilpin to "barbaric conditioning" in the form of the sprints, which Stinson allegedly used to punish and motivate underperforming players. There are also conflicting reports as to whether, and to what extent, Stinson allowed players to drink water during certain moments of practice.* * *

. . . [I]f Stinson is convicted or pleads guilty to a lesser offense that carries a prison sentence, his case could produce major changes in high school football and high school sports in general. It could, for instance, compel high school coaches and school districts to treat players with much more care, and to provide them with added safeguards, such as ensuring that trainers are on-hand at all times, that coaches have undergone extensive sensitivity training, and that purportedly harsh practice conditions (e.g., denying a player water at any time; ordering sprints in hot and humid conditions) be eliminated. Practices could thus become more safe though also more regulated and potentially more costly, including for the taxpayers who fund local sports.

Stinson's case may also force coaches and school districts to condition the playing of sports on players' passage of rigorous, possibly invasive health tests. While players are already subject to physicals, the prospect of criminal sanction and prison time accompanying the death of a player may spur coaches to demand greater certainty of players' physical health. In that same vein, the profession of high school football coaching may take a hit. If a player's death on the practice field can lead to a coach facing criminal prosecution, the profession suddenly becomes a much less attractive one. The added possibility of tort liability under a wrongful death civil claim only amplifies that point.

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