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January 2012, Leadership
Five Lessons Learned from Recent Scandals
Lesson #1: Tunnel vision and blinders are out and accountability is in.
In personnel terms, every head coach is a department head and is responsible for everything that occurs within his or her program. Their responsibilities are not just recruiting and coaching student-athletes and generating a winning record, even though they may desire such a limited role. They must be trained in human resources, student life, financial, NCAA, and safety issues. They must be attentive, inquisitive, and responsive to each of these areas in addition to their core coaching responsibilities. When they don’t have time to follow up on an issue, they must insure that it gets addressed. Some coaches will fight these responsibilities and say that they detract from their focus and ability to succeed on the field or the court. However, the days for those arguments and for an insulated life as a coach are now gone. The head coach is a department manager and must fulfill all aspects of that key role.
Lesson #2: Boards of Trustees/Regents are the ultimate decision makers at a university.
Penn State’s Board stepped in and took sweeping and aggressive action in response to the disclosure of an evolving set of previously unimaginable allegations at such a storied program. This Board set a standard for action that other boards will be measured against in the future. Every board should be reviewing the Penn State situation and reevaluating their respective approaches to the oversight and management of their athletics programs as a whole and their revenue generating teams in particular. At the same time, because many boards are filled with key donors, CEO’s, power brokers, and strong willed individuals, it is now more important than ever to remind them of the institution’s policies, legal and moral obligations, and their individual and collective roles and responsibilities as board members.
Lesson #3: Who’s the Boss?
Problems tend to emerge when coaches view themselves or are viewed as bigger than a member of the athletics department. Winning programs, significant revenue generation and a constant stream of alumni donations fuel this issue at all levels of collegiate athletics. In these situations, it is particularly important for the university board to make sure that everyone understands and respects the management structure. The board will need to empower the president to truly manage the entire university including the athletics department and also empower the athletics director to truly manage all coaches and sports within the athletics department. Some head coaches may not like the arrangement, but it is up to the board to insure that those coaches understand, respect and adhere to it.
Lesson #4: Misjudgments occur when decisions are made solely to “protect the brand.”
With the growth of the business and revenue aspect of sports at various institutions, decisions are increasingly being made with a focus on limiting any adverse impact of any decision on the revenue stream. The university’s sports program or team “brand” is now effectively viewed as a critical piece of intellectual property that must be zealously guarded. As a result, when there is any possible action that might tarnish that image, coaches and administrators invariably attempt to control and manage that action to the maximum extent possible. Unfortunately, misjudgments can too often occur when the sole focus is on protecting the brand. While such a protectionist approach is certainly understandable, institutions must not lose sight of their core mission and values. Important university decisions should still be guided by those underlying principles. Regardless of how well intentioned a proposed course of action may be, if the “protect the brand” approach treads on a university’s core principles, the course of action must be reconsidered. The first and most obvious question asked in these situations should be “what is the right thing to do?” If for some reason, that question is not addressed, the next series of questions should always be posed: “what will happen if this information is later discovered and disclosed?”; “what makes us think we can really manage and control it?”; “what is the common sense approach to this situation?”; and “do I really have the authority to make this type of decision for the university?”
Lesson #5: Develop the right culture and environment.
Athletic directors and senior university officials are increasingly being placed in situations in which there are many competing interests and factors that must be considered in connection with coaches, student-athletes, recruits, staff, individual teams and the program as a whole. The constant need to fuel the economic engine of collegiate athletics at ever increasing amounts has certainly injected a heightened level of stress into the decision making equation. While hard decisions will always be difficult to make, doing the right thing should always be the foundation of the decision making process. It is up to the board, the president and the athletic director to cultivate this type of approach and culture. A failure to do so is effectively a failure of leadership.
Timothy J. O'Brien, J.D. is a partner with the law firm of Libby O'Brien Kingsley & Champion, LLC, where he focuses his practice in the areas of Sports Law, Labor/Employment Law and Litigation. His expertise in Sports Law includes advising college and university athletic departments across the country on legal issues ranging from Title IX to drug testing. As a trial attorney, Tim has also represented universities on Title IX litigation matters.
For more than 20 years, he has also represented management clients on a wide variety of labor and employment issues including wrongful termination and discrimination claims, wage claims, and class actions.
O'Brien began his career as an attorney serving as a Captain in the Judge Advocate General's Corps (U.S. Army) from 1984-1988 and has been active nationally in sports law matters with the American Bar Association's Sports Law Committee and as co-author of a monthly column on college sports law issues in College Athletics and the Law.
He is a graduate of the University of Notre Dame and the New England School of Law. He currently serves on the boards of directors of the United Way of York County and the Education Foundation of the Kennebunks. Tim is a partner in the O'Brien Sports Group. He can be reached at tobrien@collegesportsbusinessnews.com