Cheerleading Can Be Brain Damaging

This next story is about a cheerleader who suffered a head injury, then continued to suffer seizures and later underwent surgery to remove a part of her brain in hopes it would stop the seizures. Cheerleader Has Part of Brain Removed to Stop Seizures - AOL Health Cheerleader Has Part of Brain Removed to Stop Seizures By Catherine Donaldson-Evans Feb 25th 2011 11:45AM

Title IX Decisions from the Supreme Court

Supreme Court's Title IX Decisions

• Cannon v. University of Chicago (1979)
• North Haven Board of Education v. Bell (1982)
• Grove City College v. Bell (1984)
• Franklin v. Gwinnett County Public Schools (1992)
• Gebser v. Lago Vista Independent School District (1998)
• Davis v. Monroe County Board of Education (1999)
• Jackson v. Birmingham Board of Education (2005)
• Fitzgerald v. Barnstable School Committee (2009)

Cheerleading Safety News

Suite 101 has an interesting online story about Penn and Teller’s Showtime airing on June 10, 2010 of the behind the scenes expose of this multimillion dollar cheerleading industry and catastrophic injury. The show includes a young lady who performed a stunt without a spotter and was catastrophically injured. She is Laura Jackson.

Cheerleading Safety: What are the most dangerous stunts to try?

If you’re wondering what the answer to this question is chances are your son or daughter is a cheerleader. As a safety conscious parent your first job is to learn the language of cheerleading. After which you need to understand the cheer tricks or stunts followed by getting an understanding of a safe cheerleading environment. That environment includes where they will be both for practice and for performing.

Cheerleading Coaches Need to Focus on Safety and Reject the Old Ways

Is Cheerleading too dangerous? Does it need to be changed? Or does the coaching system simply need to be tweaked to provide a more safety minded mindset?

A Wall Street Journal article on September 17, 2009 addressed the increasingly popular sport of cheerleading and the dangers it presents to girls across America. More news coverage of the injuries incurred by cheerleaders is causing debate on whether certain aspects of the sport should be banned or at least changed. With cheerleading being the cause of “65% of all female catastrophic injuries in high school and college…according to the University of North Carolina's National Center for Catastrophic Sport Injury Research.” There is no wonder why people are upset that this high risk sport does not have the same quality of medical assistance present at all times, as with other sports such as football. To help decrease the risk factor different levels of cheerleading are taking preventive measures such as, “College teams are no longer allowed to perform three-person-high pyramids and do double flips from them. High school teams can't perform flipping basket tosses and last year, twisting dismounts were banned on basketball courts.” Some states (like Wisconsin) view cheerleading as a high risk sport and called it a “contact sport” which the Wisconsin's Supreme Court’s decision “prevents injured cheerleaders from suing their schools or teammates.”

If cheerleading is such a high risk sport as to be considered a contact sport, should not the association which regulates it, make changes to protect the participants or change the way the sport is performed all together. To truly estimate the risk of cheerleading first the sport must attempt to account for all participants across the country. The Wall Street Journal says that “estimates say there are about 400,000 public high school cheerleaders, but the NCAA doesn't track participation (it's not considered a sport) and the number of cheerleaders on private teams isn't known.” The number of cheerleaders all together is hard to pinpoint, but “if you go by the consensus estimate -- that there are about 4 million cheerleaders across the country -- the activity looks about as risky as women's soccer.”

What was the original purpose of cheerleading: to get the crowd’s energy up and to support and “cheer” on the team. There is no doubt that the ways of cheerleading have shifted with regular stunts in routines consisting of split jumps called the “Herkie”, flipping basket tosses, and twisting dismounts. If the stunts of cheerleading of today remain, maybe the activity should be reconsidered an organized sport, instead of just a “girly athletic activity.”

There have been motions set in place to attempt in helping injured cheerleaders. Kimberly Archie founded the National Cheer Safety Foundation in 2008, created this program as a parent of a cheerleader who broke her arm during a practice. She hopes this program will help parents be more aware of the injuries and ultimately help reduce the risks that cheerleaders face constantly. Archie’s organization has been in the forefront of cheerleader safety issues and advocating for positive changes. She’s a positive force that has successfully resisted the headwinds pushing against change.

Should this highly dangerous but popular activity be changed all together, have tighter regulations, or continue to victimize America’s young girls of today. As a parent it’s your choice to accept the status quo or push for changes that may protect your child from a life of misery. All coaches need to get on the safety band wagon for the sake of the cheerleaders. It’s a terrific sport.

 

Video Library | Lombardi Law Firm

Description: Cheerleading has become the leading cause of catastrophic injury in young female athletes, says Amy Miller Bohn, a physician at the UMHS ...
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The Lombardi Law Firm Blog | Lombardi Law Firm

Oct 16, 2009 ... Cheerleading Safety and the Law of Cheerleading ...... Child Safety: Who get's sued when they drop the Cheerleader and . ...

 

Or on the Injuryboard:

 

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Child Safety: Wisconsin Supreme Court cheerleading issue to be ...

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Cheer Safety Clinic in Louisiana | InjuryBoard Des Moines

Posted by Steve LombardiOctober 31, 2009 8:58 AM ... If you're a cheerleading squad coach in Louisiana follow the link to read the entire article. ...
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Cheerleading Clinic in Batron Rouge, Louisiana

Becky French has posted all the details you need to get low cost certification for cheerleading safety training with the Louisiana High School Athletic Association and Universal Cheerleading Association.

 

BATON ROUGE – The Louisiana High School Athletic Association and Universal Cheerleading Association will hold the Inaugural Louisiana Cheerleading Coaches Clinic in conjunction with the Athletic Directors Conference January 27 – 28, 2010 at the Crowne Plaza in Baton Rouge.

This clinic is designed to offer low-cost training for cheer coaches, while providing an excellent opportunity to educate these individuals on safety awareness, the value of good sportsmanship and leadership goals. Cheer coaches will have the opportunity to attend a variety of workshops and roundtable discussions on multiple topics in the sport of cheerleading. Workshops may include conditioning for cheerleaders, choreography, pep rally ideas and much more! To view a tentative clinic agenda visit the “Annual Convention” link on the LHSAA website. This agenda is not official, and is subject to change.

 

If you’re a cheerleading squad coach in Louisiana follow the link to read the entire article. Remember the high school years are some of the best times of you life. Be safe!

Canadian cheerleading claims to have fewer serious injuries

Canadian cheerleader coaches comment on the safety of the rising popularity of cheerleading in the U.S. and Canada, in an article of Times and Transcript online news source on October 3, 2009. Though there are reported catastrophic injuries from cheerleading in America, Leanne Livingston from Canada’s Alberta Cheerleading Association says, "Injuries do happen, it's just like any other sport. But in my experience in cheerleading for over 25 years, there has never been any kind of catastrophic injury." Another Canadian, Deanna Mason from the Ontario Cheerleading Federation, “also said she couldn't think of such a disaster north of the border.” She was bothered by the American media coverage of accidents in cheerleading saying, "‘It's really unfortunate. I know there are a lot of coaches and programs that are really safe and never had severe injuries. But it can happen in any sport.’"

At Edmonton's Harry Ainlay High School the cheerleading “team is the reigning provincial champion.” The coaches are Chelsey Harris and Meagan Tracey and are said to “start with safety and a focus on the fundamentals.” They also make sure the students are able to perform what is asked of them by evaluating their performance. Tracey suggestes parents “check out the coach's credentials and visit the gym, ask about the training regimen, make sure the mats are good quality.” She also commented that “when things go wrong, it's usually a case of the coach not knowing their athletes, pushing the athlete beyond a skill they're capable of.’”

Club teams of cheerleading have changed the dynamic of the activity in the U.S. and Canada. Mason said in Ontario, “We've seen a huge decline in school cheerleading programs in the last five to 10 years. We're seeing a lot of experienced and successful coaches move into the club environment." Will this result in a lack of qualified coaches being provided at the school level?

See our other blog posts on cheerleading and it's dangers.

Cheerleading Parents, to Avoid Catastrophic Injury to your Teen ... Aug 13, 2009 ... Today we're going to talk more about cheerleading safety standards and parental involvement with the cheer squad. ... Steve Lombardi InjuryBoard Attorney Member ... Meet your local. Des Moines, Iowa InjuryBoard Firm ...
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Cheerleading Titles from the Lombardi Law Firm Blog

Cheerleading Blog Title Bibliography

 

A New Era In Safety May Be Dawning for Cheerleaders | InjuryBoard ...

... Steve Lombardi. Posted by Steve Lombardi August 07, 2009 5:39 PM ... I collect articles of interest and post on the Cheerleading Safety and the Law of Cheerleading ... 101k

Cheerleading Parents, to Avoid Catastrophic Injury to your Teen ...

... guidelies to help prevent cheerleading injuries at: http://www.ethicsoup.com/guidelines- to-help-prevent-cheerleading-injuries.html. Steve Lombardi. Posted by ... 101k Aug.7, 2009

Here is what is wrong with Wisconsin's Anti-Cheerleader Tort ...

... Posted by Steve LombardiAugust 06, 2009 11:00 AM ... Cheerleading is the leading cause of catastrophic injury in young women in America; that means it's the most ... 101k

Iowa Mixed-Martial Arts Fighter Paralyzed in Fight – Tort Reform ...

... Steve Lombardi. Posted by Steve Lombardi July 01 2009..other sports have just as much risk, cheerleading does as well and that's not a reason to stop ... 101k

If cheerleading is so safe why have so many cheerleaders died? ...

... If cheerleading is so safe why have so many cheerleaders died? Email Member. Steve Lombardi. Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi ... 101k May 11, 2009

MIDWEST Tort Reform News Roundup: Without pi law and lawyers you'd ...

... Posted by Steve LombardiMay 07 2009…Chapel Hill-based National Center for Catastrophic Sports Injury Research shows high school cheerleading accounted for 65.1 ... 101k

Child Safety: Wisconsin Supreme Court cheerleading issue to be ...

... Child Safety: Wisconsin Supreme Court cheerleading issue to be decided. ... Posted by Steve LombardiDecember 08, 2008 10:08 AM ... 101k Dec. 8, 2008

Child Safety: Who get's sued when they drop the Cheerleader and ...

... Posted by Steve LombardiDecember 06, 2008 10:13 AM ... In the past few months the issue of Cheerleading dangers has been put to the forefront here at InjuryBoard. ... 101k

 

Child Safety: Wisconsin Appellate Court cheerleading issue ruling. ...

... Child Safety: Wisconsin Appellate Court cheerleading issue ruling. Email Member. Steve Lombardi. Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve ... 101k Dec. 2, 2008

School Safety / Cheerleading: Sport or no sport, it's time for ...

... School Safety / Cheerleading: Sport or no sport, it's time for someone to step up to the plate... ... 101k October 2, 2008

School Safety / Cheerleading: Fitting the uniform...and the image ...

... in talking with me about presenting a course on liability and risk management for cheerleading coaches at ... Posted by Steve Lombardi September 26, 2008 10:58 AM ... 101k

School Safety / Cheerleading: Acknowledged as competitive, but not ...

... School Safety / Cheerleading: Acknowledged as competitive, but not recognized as a sport. ... Granted, it’s not a sport, but neither is cheerleading, right? ... 101k September 25, 2008

School Safety / Cheerleading: AACCA pumps it up | InjuryBoard Des ...

... School Safety / Cheerleading: AACCA pumps it up. ... of all participants. In the world of cheerleading, the AACCA is boss. The non-profit ... 101k September 23, 2008

School Safety / Cheerleading: Dropping like flies | InjuryBoard ...

... Posted by Steve Lombardi September 23, 2008 2:52 PM Well Mr. Lord why aren't the catastrophic injury cases reported? ... Is cheerleading a sport? ... 101k

School Safety / Cheerleading: It was safer when we just sat pretty ...

... School Safety / Cheerleading: It was safer when we just sat pretty... ... Cheerleading is rugged - and I’m willing to testify. Though ... 101k September 21, 2008

Cheer Safety News Compendium from Across the Country

Mankato, Minnesota – August 1, 2009 – Minnesota Vikings’ Cheerleaders held a cheer training camp for about 250 young girls at Minnesota State University’s Blakeslee Stadium. One of the professional cheerleaders, Jenna is a college student who works the sidelines cheering with two lawyers, an engineer, a scientist and several other college students for the Viking home games. 

Youth Football Coaching Blog – August 2, 2009 – The question is asked about what rules for stunting apply to a 6^th to 8^th grade cheer squad. The coach did a search and didn’t come upu with any rules. The writer indicates following NFHS rules but imposes further restrictions based on age and ability level. Enforcing safety cheer stunt rules is difficult because not every team belongs to a similar cheer organization. A commenter points to the National Cheerleading Association for guidance.

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

Wisconsin Cheerleaders are at Risk, Parents Protect your Child's Future

Today we’re going to talk more about cheerleading safety standards and parental involvement with the cheer squad. With the draconian legislative tort-reform measures put into place, it’s important for every parent to understand the safety standards their cheer coach should follow, when they aren’t and what risks their child is being exposed to. In addition college cheerleaders need the same information to make a choice as to what cheer stunts they should or shouldn’t be performing.

Cupie/Awesome - A stunt in which both feet of the top person are in one hand of a base.

I’ve listed on both the InjuryBoard site today and on the Lombardi Law Firm site the links to the applicable safety standards for high school and college cheerleading squads. These are standards they are supposed to follow. Each level of cheer competition should also be asking the questions about whether their coach has been through the safety course and what team member has also attended a safety course. That’s the standard rule and it’s in place for the protection of cheerleaders against catastrophic injury or death.

2009 – 2010 AACCA High School Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA College Safety Rules – at Lombardi Law Firm

2009 – 2010 AACCA High School Safety Rules – at the AACCA

2009- - 2010 AACCA College Safety Rules – at the AACCA

Link to Lombardi Law Firm’s links for high school and for college safety rules for 2009 – 2010.

A parent on each team should print out these rules (They are available as a pdf document, just follow the above links.)  and hand them out to other parents and cheerleader squad members. Parents should ban together to make sure these rules are adhered to; because if you child is catastrophically injured, and this is especially true in Wisconsin, you’re on your own as far as catastrophic medical insurance along with liability issues.

What I find interesting is the language parents need to learn. Fathers and mothers will be learning what is meant by a base, a cradle, a cupie/awesome, a dive roll, and a flatback, a flip, loading position, middle, pyramids, rewinds, spotter, stunt, top and a toss.  The rules are preceded by a definition section, then general program guidelines, then general restrictions, partner stunts and then guidelines for pyramids, tosses tumbling and specifics for indoor hard surface restrictions.

InjuryBoard Coverage of Cheer Safety

 

A New Era In Safety May Be Dawning for Cheerleaders | InjuryBoard ...

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF ... She regularly provides information and press releases for cheer safety. ... 101k

Here is what is wrong with Wisconsin's Anti-Cheerleader Tort ...

... Listen to the podcast. Follow the safety rules for high school and college cheer safety! ... You have to do the same with your personal cheer plan. ... 101k

If cheerleading is so safe why have so many cheerleaders died? ...

The National Cheer Safety Foundation has released Rehearsed Catastrophic Injury Emergency Plan For Competitive Cheerleading. ... 101k

Who Is Protecting Our Cheerleaders? Revisited | InjuryBoard Austin

... Our focus is coaching education for cheer coaches. ... Something else to keep in mind--the turnover rate for cheer coaches is huge. ... 98k

School Safety / Cheerleading: Fitting the uniform...and the image ...

... A recent article in Sports Illustrated highlighted the controversy surrounding an Idaho High School after fans were outraged about the cheer squad's teeny-tiny ... 101k

School Safety / Cheerleading: Sport or no sport, it's time for ...

... athletic endeavor.” Agreed. The organization also states outright on their homepage: “As the parents of cheer athletes,.... ... 101k

School Safety / Cheerleading: Acknowledged as competitive, but not ...

Iowa Elite Cheer, Inc. (which is a competitive organization that ... Iowa Elite Cheer, Inc. (which is a competitive organization that ... 101k

Protect yourself and your child, know your rights and how to stay alive and well. Enjoy your weekend.

How dangerous is cheerleading?

Parents need to know what their child is doing with cheering stunts. Be aware, be knowledgeable and take control.

United States Sports Academy – July 24, 2009 – Kimberly Archie, Executive Director of the National Cheer Safety Foundation (NCSF) visited the USSA campus and presented Dr. Thomas P. Rosandich a plaque. Kim paid the good doctor a visit to discuss the necessity for developing cheerleading safety programs to make cheer safety a number one priority in what is still the most dangerous sport.  The U.S.S.A. offers bachelor, masters and doctorate degrees in sports science and management.

Just How Dangerous Is Cheerleading? - July 24, 2009 – This is a short article not providing much analysis but the author did create a checklist for ways to make cheerleading safer for your child. The article makes mention of “fliers”, cheerleaders who because of being tossed in the air require smaller-lighter cheerleaders, normally girls, who suffer the greatest degree of injury. The safety preparation list included

• Ask whether the coach is certified by the US All Star Federation for Cheer & Dance Teams or the American Association of Cheerleading Coaches and Administrators (AACCA); find out of that certification is current. If your child’s school does not require certification, insist that they change their policy.
• Ask what governing board established the safety rules your child’s school uses. Look for rules developed by the AACCA or the All Star Federation.
• Ask if emergency medical response plans are in place. Make sure that the policy is to call 911 first in the event of an injury and call the parent second.
• Find out where practices take place. The space should be adequate in size, supplied with proper mats and equipment, and free from distractions.
• Ask your child if she ever feels pressured to attempt maneuvers she does not feel are safe, and whether mastery of one part of a maneuver is achieved before the next step is practiced.
• Find out what kind of warm-ups and strength training are included in the program.

The Dangers A Cheerleader's Parents Need to Watch For

Dear Parents: As parents you are the front line defense to making sure your child is safe. If your child is a cheerleader follow these guidelines. Cheerleading is the number one cause of catastrophic injury in young females. No one is helping you anymore. After your child gets injured the school district will turn their back on you. Your insurance company will try to get out of paying for extended rehabilitation services. And the politicians will vote for more tort deform. You are your chid's only hope.
Here watch this video.

Just How Dangerous Is Cheerleading? - July 24, 2009 – This is a short article not providing much analysis but the author did create a checklist for ways to make cheerleading safer for your child. The article makes mention of “fliers”, cheerleaders who because of being tossed in the air require smaller-lighter cheerleaders, normally girls, who suffer the greatest degree of injury. The safety preparation list included

• Ask whether the coach is certified by the US All Star Federation for Cheer & Dance Teams or the American Association of Cheerleading Coaches and Administrators (AACCA); find out of that certification is current. If your child’s school does not require certification, insist that they change their policy.
• Ask what governing board established the safety rules your child’s school uses. Look for rules developed by the AACCA or the All Star Federation.
• Ask if emergency medical response plans are in place. Make sure that the policy is to call 911 first in the event of an injury and call the parent second.
• Find out where practices take place. The space should be adequate in size, supplied with proper mats and equipment, and free from distractions.
• Ask your child if she ever feels pressured to attempt maneuvers she does not feel are safe, and whether mastery of one part of a maneuver is achieved before the next step is practiced.
• Find out what kind of warm-ups and strength training are included in the program.
  
  As parents you are the front line to making sure your child is safe. If your child is a cheerleader follow these guidelines. No one is helping you anymore. After your child gets injured the school district will turn their back on you. Your insurance company will try to get out of paying for extended rehabilitation services. And the politicians will vote for more tort deform. You are your chid's only hope.
  
  • How dangerous is cheerleading?
  • NCSF and NCSSE Team Up for Cheer Safety
  • NCSF & NCSSE Partner for a New Era in Cheer Safety
  • NCSF & NCSSE Partner for a New Era in Cheer Safety
  • 2009-2010 AACCA College Safety Rules
  • 2009-2010 AACCA High School Safety Rules
Also on our site we provide the guidelines for college and highschool cheer safety. Visit our cheer safety section on the Lombardi Law Firm.



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Cheerleading Safety and the Law of Cheerleading

Cheerleading Safety is an article written by Valerie Ninemire for About.com concerning what coaches and cheerleaders should do to prevent being injured while cheering. Here is what Valerie lists as the reasons cheerleaders get injured and then how to prevent such injuries.

Why Cheerleading Injuries Occur

·                  Lack of conditioning and not being physically prepared

·                  Untrained coaches, instructors or advisors

·                  Poor decision making by instructors or participants

·                  Risk taking attitudes

·                  Inadequate supervision

·                  Inadequate equipment (example: improper shoes)

·                  Non-cushioned surfaces

·                  Poor nutrition

·                  Attempting difficult stunts before being ready

What You Can do to Prevent Injuries

·                  Adhere to all rules and regulations

·                  Practice on mats or pads

·                  Wear well fitting shoes with proper cushion and support

·                  Have an emergency plan in place and practice it

·                  Require proper spotting

·                  Gradually progress to difficult stunts and skills

·                  Become educated and certified in safety, first aid and CPR

·                  Require and use the proper techniques

·                  Learn how to identify eating disorders

·                  Treat all injuries as soon as they happen

·                  Increase flexibility

·                  Strengthen lower back, abdomen and shoulders

·                  Gradually increase intensity of practice

She lists suggested readings and a list of interesting articles. The book Developing A Successful Cheerleading Program, by Pan Headridge and Nancy Garr looks like interesting reading and is available at Amazon.com as well as Barnes & Noble.com.  The book costs $12.54 and if it saves a life or prevents an injury that results in a life of misery, then it is well worth the price.  Coaches Choice if the publisher and it’s in paperback. The ISBN is 9781585188994.  Headridge also wrote 101 School Spirit Ideas. Cheerleading, by Inside Cheerleading Magazine is another resource for cheerleading programs to design their program around safety.

Coaching Cheerleading Successfully, Linda Rae Chappell is described as the definitive how-to book is sure to meet the needs of the growing number of cheer coaches, sponsors, and parents. Covering both support and competitive cheering, it explains cheer techniques and tactics, as well as how to plan and develop cheerleading programs. Through text and illustrations, you'll learn basic cheerleading skills - hand positions, arm and leg motions, and jumps; how to combine skills to develop the precision and timing required of a top squad; mounts and pyramids, from beginning to advanced; how to develop a coaching foundation and plans for the season; important safety guidelines from the National Federation of State High School Associations; and much, much more.

With states allowing the costs of mistakes to be shouldered by the cheerleaders and their parents it’s more important than ever that they have the right insurance and personal safety plan. Cheerleaders need to make decisions about those stunts they will and will not do. This reminds me of a summer during law school when I worked construction building grain storage facilities. My boss was a great guy I totally enjoyed the hard work. His name was Tell Coffey and he was tough but always fair. For months I worked the ground as a carpenter framing walls and ceiling panels. After all panels were poured the idea was to lift each panel off the ground and set it into place using a crane. Each panel weighed probably more than 1,000 pounds. The day they were to set panels he motioned me to stand on a panel that had been hooked up to the crane. As we rode up to the top of a couple of walls that had been set he motioned for me to get off and to stand on a 6” wide wall panel. I looked at him, and with a smile said, Tel, I’ve not worked this hard in my life to get killed or brain damaged. I wasn’t willing to risk my brain or life for a few dollars. I’d worked too hard to get into and through a year of law school and wasn’t willing to risk losing it all. You have to do the same with your personal cheer plan. Decide what you are willing to risk and just say no.

On this page I’m going to develop information devoted to keeping you safe and informed about developments in Cheerleading. It will cover high school and college or university cheerleading programs. If you find an interesting article send me the name, author and/or link. I’ll add as many as I can and link to those organizations that promote cheerleading and cheer safety. Let’s work together to keep you safe, happy and moving onto the next stage of your young lives.

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Library for Cheerleading Safety and the Law of Cheerleading:

• 2009-2010 AACCA High School Safety Rules   
  Description: Here you'll find the AACCA High School Safety Rules for the 2009 - 2010 school year. Join us for Safety First and save a cheerleader's life.
• 2009-2010 AACCA College Safety Rules   
  Description: The AACCA is the American Association of Cheerleading Coaches and Administrators – more than 20,000 cheer coaches. The 2009 - 2010 Cheerleading Safety Rules for Collegs is provided here.
• NCSF & NCSSE Partner for a New Era in Cheer Safety   
  Description: The National Cheer
  Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”
• NCSF & NCSSE Partner for a New Era in Cheer Safety [PDF]   
  Description: The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

NCSF and NCSSE Team Up for Cheer Safety

Irvine, California – July 29, 2009 - The National Cheer Safety Foundation (NCSF) panel of experts teams up with the National Council for Spirit Safety and Education (NCSSE) to establish college-level safety courses for cheer coaches around the world. The new alliance brings together two powerhouses in cheer safety setting the stage to revolutionize cheerleading, signaling a dawning of a new era coined “safety first.”

Kimberly Archie, director of the NCSF is a tireless advocate for safety and works tirelessly to make the sport safer for those participating. Frederick O. Mueller, Ph.D. probably says it best when he points out the efforts of the NCSF are to apply science to cheering, making it a safer sport. By applied standards they should be able to reduce the number of injuries, disability and deaths from cheer injuries. We can deny it all we want, but like sticking our head in the sand injuries and deaths won’t just go away, without those in charge taking charge.

I for one can attest to Kimberly Archie's dedication. She regularly provides information and press releases for cheer safety.

For more information visit www.nationalcheersafety.com or contact us at 800-596-7860. To report cheer injuries go to www.cheerinjuryreport.com.

Parents need to know what their child is doing with cheering stunts. Be aware, be knowledgeable and take control.

Is your cheerleader better off with tort reform immunity statutes?

In the past few months the issue of Cheerleading dangers has been put to the forefront here and at InjuryBoard. In a Fox News video report the lawsuit between cheerleaders and the Wisconsin School District is explored.  

In this post let us examine the assumption that all tort reform is good, saves money for everyone and encourages participation in school activities.

I've sat in the stands at football games and basketball games watching the cheerleaders perform. Okay well maybe I don't always watching the moves but sometimes I do. What may seem like an exciting cheer move can, if the acrobatic move goes bad, lead to ruin for all involved. At a Drake Basketball game a season or two ago one aerobatic move resulted in the cheerleader hitting the floor extremely hard when the base missed catching her. It stunned the crowd waiting to see if she could get up or would be taken out on a stretcher. In that case she got up and was lead to a chair to get her wits together. The moves these cheerleaders are doing should be a concern to every parent whose child participates in sports, but especially in Wisconsin.

Here is what I mean by this. Let's say five Iowa State, University of Iowa or Drake University Cheerleaders, both male and female, are involved in a move where one small young lady is tossed into the air. If the move fails and the young lady lands on her knee, shoulder, spine, neck or head and injuring herself catastrophically, who pays for the costs of medical care and rehabilitation? What parents have to ask themselves is if the young lady is their child or if the students at the base are their children, who can get sued and how will the hundreds of thousands of dollars to care for the injured young woman be covered?

What parents have to ask themselves is if the young lady is their child or if the students at the base are their children, who can get sued and how will the hundreds of thousands of dollars to care for the injured young woman be covered?

In this Wisconsin case Brittany Noffke, and Kevin Bakke, both cheerleaders were told by the instructor to practice a move in the hallway. While executing the move Noffke's head came into contact with the tile floor resulting in a cracked skull.

Wisconsin law prohibits participants in contact sports from suing each other for unintentional injuries.

The Wisconsin Supreme Court is considering the question of whether cheering is (under the Wisconsin statute) considered to be a contact sport. Seem like an odd question to you? If you can't believe that anyone would consider cheering a "contact sport", think about the contact between the cheerleaders head and the floor. Wasn’t that contact? In essence the Court will decide what type of contact was contemplated by the legislature.  Contact with the floor or contact between cheerleaders may not be contact at all under this Wisconsin law.  The statute doesn't list those sports the legislature wanted to be included as contact sports. So what is a contact sport in Wisconsin? And in this instance it may not be the right kind of contact. You may be lead to ask the question: So contact may not be contact?

Is volleyball, wrestling, track and field, soccer, chess, badminton or golf contact sports?

Well one has to consider what the legislature intended to mean when it wrote the contact sport statute. What is sport and what is intended contact? Contact with anything, including the floor or contact with just opponents? In this case the Plaintiff doesn't want cheering to be a contact sport, because then she can't sue to recover for costs of mending a cracked skull. The Defendant does want cheering to be a "contact sport", because then he gets immunity. The Court of Appeals Of Wisconsin ruled in favor of the  Plaintiff when it ruled that cheering isn't a contact sport.  The Court also ruled that the school district is immune from suit. According to that ruling the kid who did what he was told by the cheer coach can get sued but the adult coach can't be sued.

Not all tort reform is fair, equitable and for some it doesn’t save money.

Is this fair? Let's see, kid does what instructor tells him to do, the way the instructor told him and in the location where he was told to do it - he gets sued for doing it wrong and in a location where there was no mat and his parents get to sit through depositions while the teacher gets to go to practice. Certainly Kevin’s family won't be encouraged to allow participation in this "non-contact sport" in the future. He'll be playing chess for the next three years. Certainly not golf because it includes steel shafted clubs and hard-as-a-rock balls. Not tennis because of the titanium metal rackets and 100+ mph serves that can take out an eye. And forget doubles because two players on the same side of the net could easily strike each other with a racket or collide and tear an ACL. Volleyball probably isn't probably a contact sport either, although it's out due to spiking the ball into a players face. Do they have competitive typing in Wisconsin?

Most tort deform, I mean reform (sorry) goes like this: Okay if we take away the right to sue it's gotta be good for everyone involved. Right? Wrong!

The Appeal Court sided with the Plaintiff saying because cheerleading doesn't involve contact between opponents it's not a contact sport as intended by the statute. Which means Brittany and her parents can sue Kevin. The Supreme Court is considering whether it interprets the statute the same and the Court of Appeal's decision that Brittany can't sue the school. The Court of Appeals found the Spirit Rules are not laws or regulations that apply to the School District and it's staff.  The Spirit Rules were never adopted by the school district and therefore can not be used to establish negligence; with regard to proper training or spotting. So while coaches may abide by the rules, or not abide by them, in the end in Wisconsin they get to walk away from responsibility for their lack of oversight. Meanwhile Kevin and his parents, along with their homeowner's insurance company, assuming they had insurance, get to defend this pimply faced kid who was doing what he was told to do by the adult supervisor.

Later today I'll publish the entire decision here at InjuryBoard along with the Wisconsin Supreme Court oral argument announcement of October 8, 2008.

And we wonder why this next generation is confused?

I bet the Wisconsin legislature intended to encourage participation through immunity to participants of contact sports. Or the legislature intended to at least take away any disincentives. But in reality the way tort reformed immunity works is at odds with the idea of what tort reform does. Tort reform is intended to save everyone money and to encourage participation in doing things society wishes to encourage.

Does immunity encourage participation? Not from Kevin’s standpoint.

Does immunity save everyone money? No, because all the Kevin’s who participate in any sport whether it’s considered contact or non-contact need to be insured with both an umbrella liability policy that covers catastrophic injury to anther and health, life and disability insurance policies that cover their own child’s risk of injury while participating in school sports. Instead of the school district carrying one policy and covering all participants, every parent in the district that can afford one and cares about their child’s economic future need to purchase insurance coverage.

Does this type of tort reform make sense? No, not if you’re the one who might get sued. Yes from the standpoint of selling insurance it works very well; because you get to sell a lot more policies.

The real assumption made in all tort deform is this: I or my family will never be injured and need the civil justice system to help me.

Assumption number two: If I get sued I don’t care if I was right or wrong, I just don’t want to be responsible.

What does make sense? We have kids who are just trying to get good grades and go on to college while staying active and learning to be well rounded adults. Their parents want them to participate and to know kids are safe; or, when they are injured that the school district will take responsibility or at least have some insurance to assist with taking care of medical costs. In this instance the cost of participating in this non-contact sport that participation lead to a cracked skull is shoved all onto another kid and his family. Kevin and his family get to shoulder the burden. If the school district had one policy covering everyone and said if each acts reasonably and not negligent they aren’t legally responsible then everyone saves money and participation is encouraged.

Tort reformers assume that without immunity everyone sues everyone for anything. And that’s just one more unfounded assumption created by the insurance industry that has resulted in selling more insurance. Adopting that kind of tort reform simply shifts the burden from those responsible for the injury to those who are injured. And in this instance, the Wisconsin contact sports immunity statute has muddied the water even more allowing the teacher a get-out-jail-free card while forcing parents to buy more liability insurance covering catastrophic injury.

Clear as mud right? I know we lawyers are terrible with talking in ways that lay people are too lazy to learn. So allow me to try in simple terms to help you understand how to protect yourselves.

Until people can get that thought through their heads let's consider what you can do to protect yourself.

1. Buy an umbrella policy that covers your child’s liability when participating in school activities.

2. Buy a disability policy that does the same.

3. Buy a health insurance policy with unlimited lifetime coverage.