NCAA's New Social Media Recruiting Policy

The NCAA has updated its social media recruiting policy. The policy deregulates the number of texts, calls, and other forms of digital communication that coaches may have with potential recruits after they finish their sophomore year in high school.

While the previous policy was instituted with good intentions, it was very difficult to enforce and not flexible enough to adapt to the changing ways we communicate and interact. Unfortunately, there are some self-anointed sports social media consulstants who may try to convince schools that they understand social media, compliance, and the law and that schools should hire them to advise them on the NCAA's new policy. As I have written before, schools must perform due diligence on hiring companies who have incorrectly predicted future NCAA social media policy changes because some of these companies have been caught intentionally misrepresenting their credentials and lying to NCAA schools in order to obtain their business.

While coaches may now have the opportunity to send an unlimited number of digital messages to recruits, it would be wise not to over message and aggravate a high school student and/or his family. While social media and other forms of technology may help communicate with recruits, meeting a prospective future student-athlete face to face, shaking his hand, looking him in the eyes, and treating him with respect may still be the most productive way to determine if that person is a good fit for your program.

The bottom line is that schools should tread carefully in the social media space to avoid potential legal liability.

To learn more about these issues you may contact me at http://shearlaw.com/attorney_profile.

Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

Dharun Rhavi Case Proves Some Universities Must Rethink Their Social Media Policies

Some colleges and universities may have social media policies that violate the U.S. Constitution. As I stated on September 26, 2011, the University of North Carolina's social media policy for its student-athletes is very troubling and every single day that UNC has this policy in place the university is increasing its legal liability.

Schools that require their students to turn over their social media user names, and/or account names, and/or passwords, and/or require students to Facebook Friend university employees and/or download monitoring software onto their personal electronic devices to monitor all of their students' online activity are creating a legal minefield they do not understand.

This week the tragic case of Rutgers' student Tyler Clementi is back in the news. For those not familiar with the matter, I first wrote about it on October 6, 2010 and then again on May 1, 2011. Prosecutors allege that Dharun Rhavi's online activity contributed to Tyler Clementi's suicide. In addition, the prosecution has charged Rhavi with tampering with online evidence.

If Rutgers was monitoring the social media activity of Clementi and/or Rhavi and did not act to stop the online activity that is alleged to have contributed to Clementi's death Rutgers may be sued for negligent social media monitoring. However, if Rutgers was only monitoring the social media activity of some of its students but not all of its students Rutgers may be sued for discrimination. Multiple lawyers and risk professionals have already discussed the tremendous liability schools may encounter social media monitoring their students. Therefore, schools must tread very carefully when creating a social media policy.

To learn more about this issue you may contact me at www.shearlaw.com.

Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserve

Penn State scandal proves NCAA schools should not social media monitor student athletes

The Penn State child molestation case against former Penn State coach Jerry Sandusky is already the worst college sports scandal of all time. It appears that Penn State officials may have had actual knowledge of the allegations against Sandusky since either 1999 or 2002 and did not take the appropriate actions necessary to stop him.

It is too soon to speculate, but it is possible that Penn State may have tremendous legal liability regarding the allegations against Sandusky even though Sandusky has not been an employee of the university since his retirement in 1999. These allegations have already led to reports that Penn State's bond rating may be downgraded in anticipation of the potential legal liability. If Penn State's bond rating is lowered it may make it more expensive for the school to borrow money for capital projects which may in turn harm Pennsylvania taxpayers and students who attend the university.

It does not appear that Sanduksy created any incriminating social media posts about his alleged illegal activity. If Sandusky committed his crimes off campus on his own time and Penn State had no knowledge of his alleged wrongdoing it most likely would be difficult for Sandusky's alleged victims to win a civil suit against Penn State. However, if Penn State was aware of Sandusky's alleged criminal activities and failed to stop him the school may have major legal liability issues to defend against.

NCAA schools do not have a legal duty to monitor the social media content of their student-athletes. However, there are some schools that are creating the duty to monitor their student-athletes' public and private social media content. I have discussed the numerous constitutional and legal liability issues involved with social media monitoring student-athletes on multiple occasions.

If a school decides to create the duty to monitor its student-athletes social media content and fails to prevent a student-athlete from committing a crime or an incident that creates civil liability that may have been noticed via the student's social media activity the school may have Penn State like liability issues to defend against.

After the Penn State scandal, I find it hard to believe that a school would even think about creating a duty to monitor the social media content of its student-athletes. If Penn State had a monitoring policy in place for its student-athletes or employees and missed any social media posts that hinted at any illegal activity Penn State's liability for this terrible tragedy would be even greater than it already may be.

To learn more about these issues you may contact me at http://shearlaw.com.

Copyright 2011 by the Law Office of Bradley S. Shear, LLC. All rights reserved.