Unformatted text preview: Legal, Ethical and Moral Issues in Collegiate Athletics Contracts Agreement between two or more parties. Failure to execute terms can result in legal cause of action. Offer Acceptance Consideration Acceptance Acceptance can only be made by the party to which the offer was made, or representative with authority to accept. Acceptance of the current offer, match essential elements. Negotiations and counter offers. Each party must pay some price, or make some contribution in exchange for the promise exchanged with another party. Without mutual exchange the contract is void. Consideration Unenforceable Contracts When a contract produces no legal obligation upon the part of the promisor, it is void (i.e., lack of consideration) (Void). Capacity certain classes of people lack the ability to enter into contracts. Lack of mental capacity (temporary or permanent) Minor (< 18 years old). Unenforceable Contracts Misrepresentation a false assertion of fact that induces someone to enter into a contract. Undue influence contracts created through domination of one party on the other. Voidable Contracts Mutual mistake both parties share a common, mistaken assumption about the contract. Unilateral mistake only one part is mistaken about the value or terms of the contract. Voidable if Enforcement against the party would be unreasonably oppressive Voiding the contract would not impose unreasonable hardship on the other party. Illegal Contracts You cannot contract an illegal act, or an act that is against public policy. Gambling, sale of narcotics, ticket scalping, violation of tax laws, etc. Intent is to defer people from entering into agreements to commit illegal acts. Ethics and Morals in Collegiate Athletics
How do you decide what to do? Is there a difference between the two? Ethics vs. Morals ETHICS MORALS A set of principles that are used to determine right and wrong. The fundamental values that dictate appropriate behavior within a culture or society. Billington's 6 characteristics of ethical or moral questions:
1. 2. 3. 4. 5. 6. Questions of ethics and morals are unavoidable. Moral decisions involve other people. Not all decisions have ethical implications. Ethical decisions offer no final answers. A central element of morality is choice. The aim of moral reasoning is to discover the correct form of behavior. Values Enduring beliefs that provide guidance for personal goals and behavior Terminal values: goals (Ex: freedom, happiness, equality) Instrumental values: behavior (Ex: ambitious, clean, honest) Personal and Professional Ethics All organizations are guided by a set of beliefs or values. Behavior of members must exemplify the values of the organization. Organization leaders must clarify parameters of professional conduct and set the tone for merging personal and professional ethics through their own words and actions. Moral Development and Reasoning Moral Development process of growth in which a person's capacity to reason morally is developed through cognitive maturation and experience Moral Reasoning decision process in which an individual determines whether an action is right or wrong Moral Behavior execution of an act deemed right or wrong Weiss' 5 Levels of Moral Development
1. 2. 3. 4. 5. It's okay as long as I don't get caught. Eye for an eye. Treat others as you would like to be treated. Follow external rules and regulations. Do what is best for everyone. Ethical Dilemmas Occur in the presence of...
1. 2. 3. Significant value conflicts among differing interests Real alternatives that are equally justifiable Significant consequences on stakeholders in the situation Ethical Dilemmas Studentathlete involved in an off campus crime? Coach or administrator found gambling on collegiate athletics games? Trainer providing performance enhancing drugs that are still undetectable in testing to studentathletes? Criteria for Good Codes of Ethics Avoid being too vague or too specific Founded on a few themes that can be used to guide a variety of situations Communicate what is in the code to those individuals addressed by the code Should be clear as to whom they apply Consequences for violating ethical standards should be established Must be relevant to the stakeholders addressed in the code Social Responsibility Sport organizations impact many stakeholders (employees, coaches, athletes, spectators, the community) Actions of sport organizations have both positive and negative impacts Corporate Social Responsibility The role an organization has within the community 4 main responsibilities
1. 2. 3. 4. Economic Legal Ethical Philanthropic Individual Social Responsibility Athletes Coaches Administrators ...
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This note was uploaded on 04/08/2008 for the course SPORTS BUS 3104 taught by Professor Scott during the Spring '08 term at FAU.
- Spring '08