Monday, February 27, 2006

Is Alford a good candidate to coach at IU (from an employment law perspective)?

This month has been a fascinating one for IU Basketball fans. We've experienced both highs and lows as our team's performance has widely varied. Furthermore, we recently learned that at the end of this season Head Coach Mike Davis will resign. There now exists a tension in the IU community. We want this year's season and team to end well. There still is a chance for a tourney bid, a greater chance after yesterday's victory over Michigan State. However, I suspect we all are naturally curious to learn who will soon take over the helm of our basketball program. Although, I would be highly surprised if any announcements will be made in regards to who the new head coach will be until after the NCAA Tournament, there already is a lot of speculation as to who it could be.

One of the prime candidates to already emerge is Steve Alford, current Head Coach of Iowa and former IU Legend. As of yet, Alford has only said:

My complete focus and efforts are to help my team [Iowa] win a Big Ten Championship. . . that's my only concern.


(For more information see the IDS story: http://www.idsnews.com/news/story.php?adid=search&id=34072 .)

It might be interesting to consider a potential legal ramifications of hiring Steve Alford as Head Coach.

His career in Iowa has been sparked with controversy, specifically how he handled the legal issues of former player Pierre Pierce. For information regarding this instance see the following selections from an ESPN.com story:

Former Iowa basketball star Pierre Pierce was charged with assault and burglary Wednesday, a week after he was thrown off the team.


Pierce surrendered to police and was to appear in court later in the day on charges of first-degree burglary, two counts of domestic assault, assault with intent to commit sexual abuse, false imprisonment and criminal mischief.


. . . Iowa coach Steve Alford said last week that Pierce "betrayed the trust we placed in him when he was given a second chance two years ago." Pierce was charged with third-degree sexual abuse in 2002. He later pleaded guilty to a lesser charge.


(For full story, see http://sports.espn.go.com/espn/wire?section=ncb&id=1991219 .)

We have recently been studying sexual harassment in our class. What are the potential legal ramifications for the Athletics Department and greater University community when a basketball player acts inappropriately? A basketball player is not an employee of it, yet he or she is clearly a representative and ambassador of the University. I don’t think that a case could be made that the University should be held liable for the behavior and actions of its athletes.

However, an issue of greater concern and relevance might be, what are the potential legal ramifications when a coach sticks up for an accused player, delaying the processes of justice until after a sports season has concluded? As I understand it, Alford gave Pierce a second chance two years ago. There has been some speculation that Alford helped Pierce avoid the legal consequences of his actions then. Is it right to retain a star athlete regardless of circumstance? Can the university be held liable if such second chances and interfering with the processes of justice enable such an athlete to further commit crimes? Furthermore, what values are reflected when winning and competition is held above justice? Are these the values we want young athletes or society as a whole to emulate?

For the record, I’m undecided about Alford. However, I think that it is important to engage in this sort of discussion as our University decides who will become our new coach.

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