Could Ohio State’s Buckeye Acknowledgement and Pledge be Construed as a Liability Waiver?

Justin Fields Ohio State

Coronavirus brought college basketball to a screeching halt earlier this year. There was no March Madness Tournament, no Final Four. Spring sports did not even get to suit up. Since then, college sports lovers have wondered what college sports will look like in the 2020-2021 season. The college football season is growing closer. States are moving through the phases of re-opening. Fans are beginning to see what issues are at stake for college sports this upcoming season. This issue at stake is how to ensure the safe return of college athletes and students generally during the Coronavirus pandemic. Schools are trying to sort this out while being sure to minimize the school’s liability. Earlier this week, fans learned just how Ohio State University (OSU) intends to accomplish that goal.

What is OSU’s Buckeye Acknowledgement and Pledge?

Last week, Ohio State University began allowing football players to return to campus for voluntary workouts. However, prior to returning the players signed the Buckeye Acknowledgement and Pledge. What is the Buckeye Acknowledgement and Pledge (the Pledge)? OSU created the Pledge for college athletes to sign prior to returning to campus and engaging in sports. The Pledge requires OSU’s athletes to do their part in “help[ing] stop the spread of COVID-19.” It also required the players to acknowledge the possibility of contracting COVID-19 and other infections.

By signing the form, Buckeye athletes agree to a number of COVID-19 safety measures. Specifically, the players agree to get tested for COVID-19. Additionally, the players agree to self-quarantine if they test positive or exhibit COVID-19 symptoms. They further agree to wear masks in public, practice physical distancing, and frequently wash their hands.

The Pledge is not optional. All OSU athletes must sign it in order to participate in OSU’s athletics. For players who are 17 years old, their parents must sign it. However, players will not lose their scholarship if they fail to sign and comply with the pledge. The athletes do not have legal representation.

The Pledge Reads Like a Waiver but OSU Claims it is not intended to be a Legal Document

The pledge certainly reads like a waiver even though OSU does not expressly call it one. In fact, OSU’s athletic director Gene Smith stated that the pledge is intended more for educational purposes than for liability purposes. Specifically, Smith stated “We don’t look at [the pledge] as a legal document. It is a Buckeye Pledge.” Smith elaborated that the pledge is there to give an administrator who may see an athlete not wearing a mask the ability to remind that athlete of their commitment to helping stop the spread of COVID-19.

Even though the Pledge may not be viewed by OSU as a legal document, it could possibly be used to shield OSU from liability. Throughout the entire document, the players acknowledge the risk of participation and agree to participate anyway. If an athlete becomes infected with COVID-19, the athlete could claim that OSU was negligent. The athlete could claim that OSU failed to keep the campus and athletic facilities safe, and healthy, and did not do all it could to stop the spread of COVID-19.

What Role Would the Pledge Play if an Athlete Contracted COVID-19 and Claimed OSU was Negligent?

If an athlete becomes infected with COVID-19, the athlete could claim that OSU was negligent. Specifically, the athlete could argue OSU was negligent in keeping the campus and athletic facilities safe and in stopping the spread of COVID-19. To prove negligence, the plaintiff must demonstrate that the defendant owed a duty. The plaintiff must prove the duty was breached and that the breach was the cause of the plaintiff’s injury. To prove that OSU was negligent, the athlete would have to demonstrate that OSU owed him a duty to maintain a safe and healthy campus environment. The athlete would also have to prove that OSU breached that duty and that the breach was the cause of his injury – contracting COVID-19.

Does OSU Owe a Duty?

OSU arguably has a duty to keep its student body safe by maintaining a safe and healthy campus environment. However, the Pledge could be used to refute a negligence claim. The language of the pledge could be interpreted as relinquishing OSU of the duty to ensure that its students are safe and healthy by placing that burden on the student body. For example, the pledge states:

“As a member of Buckeye Nation, I know that I must take steps to stay well in order to protect others and promote a safe return to campus for all Buckeyes. Because of this, I pledge to take responsibility for my own health and help stop the spread of COVID-19.”

This statement arguably attempts to take the burden of safety away from OSU and puts it on those who sign the Pledge. Upon signing, the students agreed to take responsibility for their own health. They agree to promote a safe return to campus for all Buckeyes. Accordingly, the students arguably take the responsibility of ensuring that OSU’s student-body stays healthy away from OSU. Thus, the Pledge could be used to argue (albeit a weak argument) that OSU did not owe a duty to the student body to maintain a safe and healthy environment. OSU could argue that those who signed the Pledge agreed to take responsibility for their own health. Therefore, this language arguably attempts to take the duty of maintaining safety away from OSU. Thereby shielding OSU from liability.

The Pledge Could be Used to Argue that the Athletes Assumed the Risk of Contracting COVID-19

If OSU is found to owe a duty to maintain a safe and healthy environment, the Pledge still could shield OSU from liability. The pledge could help OSU prove that the athlete assumed the risk of contracting COVID-19. Assumption of risk is a defense to negligence claims. A plaintiff may not recover damages in a negligence claim if they agreed to a known risk. Upon signing the pledge, it is arguable that those who signed the Pledge assumed the risk of contracting COVID-19 while at OSU. For example, the document reads:

“I know that by engaging in campus activities, including attending classes, pursuing my education, living on campus, eating in the dining halls, attending activities, participating in sports and recreation, I may be exposed to COVID-19 and other infections.“

The document also reads:

“I understand COVID-19 is a highly contagious virus and it is possible to develop and contract the COVID-19 disease, even if I follow all of the safety precautions above and those recommended by the CDC, local health department, and others.”

The language in both statements provides a strong assumption of risk argument. Using this language, OSU can claim that those who signed the pledge knew of all the risks. They can claim that those who signed assumed the know risks and agreed to participate anyway. OSU may not be calling it a waiver. OSU may be claiming that the Pledge it intended more for education than legal purposes. However, Ohio State University could refer to the Pledge in asserting their defense if they are sued by a student who contracted COVID-19.

How are Other Schools Handling the Return Amid COVID-19?

Ohio State University is not the only school to require athletes to sign a document upon return. Indiana, Tennesse, Iowa, and SMU have all required their athletes to sign a similar document. It is a good chance other schools will follow suit. However, Michigan State announced that the institution will not require its athletes to sign a waiver. It will be interesting to see the position the NCAA takes on this issue.

Washington Huskies Rose Bowl: 5 Keys to Victory and What’s on the line?

Washington Huskies Rose Bowl

The Washington Huskies are looking to win their first Rose Bowl since 2001. Even though Washington is a 6.5 point underdog against Ohio State, there is a lot on the line for the Huskies and the future of the Pac-12. The conference finished the 2017 bowl season 1-7. So, it is crucial the conference’s best teams win “big games” for the Pac-12 to get serious consideration for the College Football Playoff. The conference is already off to a good start with Oregon, Stanford, and Washington State and all winning. If Washington can add a Rose Bowl victory over Ohio State to that list would go a long way to restoring the Pac-12’s imagine nationally. The Huskies would finish with a top 10 ranking.

Ohio State is talented and should be extremely motivated. The Buckeyes feel slighted by the CFB Playoff committee, and Urban Meyer is coaching his last game. Most people don’t believe the Huskies have a shot. However, there is a recipe for beating the Buckeyes. Washington is talented and physical enough to do the job.

1. Run the Football Effectively

Running the ball effectively is by far the most important key to Washington winning the football game. The strongest part of the Huskies offense this year has been their running game. When they have a 100-yard rusher, they are 5-0 this season. The Huskies have only scored over 28 points four times this season. So it is crucial Washington controls the clock and limit the number of Ohio State offensive possessions. When the Huskies can run the ball effectively with Myles Gaskin and Salvon Ahmed, they win. In their losses against Auburn, Oregon, and Cal their running game struggled. The running game opens up their play-action passing game and gives Browning easy reads.

2. Stop the Run

The Huskies defense has been great against the run all season. They only allowed 3.5 yards per carry this season.  Ohio State has struggled this season when their running game has been slowed. They only had a 100-yard rusher in five of their 13 games. That type of production along with turnovers led to close games against Nebraska, Maryland, Minnesota, and Penn State. The Buckeyes started to incorporate more quarterback runs toward the end of the season which seemed to open up the lanes for the running backs. So Washington has to account for Haskins in the run game.

3. Browning Be Special

I’m not sure if anyone has been harder on a four-year starter that has broken nearly every Washington passing record than me. Good thing he blocks out the “crowd noise.” Browning has to show up with his best in his final collegiate game. He cannot just be the game manager that we have seen this season. He will have to make some magic happen with his legs as we saw against Utah, UCLA, and Colorado. But, more importantly, he will have to make some big-time throws against one of the most athletic secondaries in the nation. If Browning can finish with a 275-yard game with three total touchdowns, the Huskies will be in business. The Ohio State defense is ranked 67th in the country in scoring defense, so it’s definitely possible.

4. Stop the Screen Game

The one part of Washington’s game that shouldn’t be of concern to Huskies fans is their defense. They are 12th in the nation in total defense and 5th in scoring defense. After the Huskies get some stops, they have to be on alert for screens. When Ohio State’s offense gets stuck or needs a big play, they often look to their screen game. Time and time again this season their wide receivers Parris Campbell and Johnnie Dixon caught screens that broke the game open. Then the Buckeyes try screens to the backs, the nations third-leading tackler Ben Burr-Kirven needs to be ready.

5. Explosive Plays 

This key to the game applies for Washington on both sides of the ball. The Huskies defense is one of the nations’ best at limiting explosive plays (30+ yards). However, their offense is one of the worst at generating explosive plays in the passing game. In contrast, the Buckeyes are one of the top teams at generating explosive plays. The defense that does the best job of minimizing explosive plays will win.

The Ohio State Rose Bowl Trailer Will Have You Ready To Suit Up and Play

Ohio State Rose Bowl Trailer

One of my favorite things as a player was the hype videos the night before the game. The public was not always privy to those back in the day but now get to share in the experience. These are the exact types of videos just about EVERY team in every sport shows their players the night before the game. Tell me this Ohio State Rose Bowl trailer does not have you ready to suit up and get hurt trying to play with these supreme athletes. At the very least, it activates your fandom on max.

College Football’s 5 Most Underrated Teams of 2017

The definition of underrate is “to rate or evaluate too low; underestimate.” Here is the 5 college football teams most underestimated for the 2017 season.
Honorable Mention. UCLA- If you have a quarterback you have a chance. If the golden boy Josh Rosen has a good season the Bruins will have a shot to win the Pac-12.
5. Miami– It feels like forever since Miami was good. They fooled you guys in the beginning of last season, but I knew better. This year the Hurricanes return seven starters on a defense that only gave up 18.5 ppg in 2016. Questions about their quarterback have kept expectations low, but their offensive line should be very good. If Miami can get a decent QB out of junior Malik Rosier, true freshmen N’Kosi Perry, Cade Weldon and sophomore Evan Shirreffs, they have a legit shot to win the ACC.
4. NC State– Do not underestimate the quality of this team that finished 7-6 last year. The Wolfpack don’t have the horses to make a run at the ACC Atlantic division, but they have an underrated coach in Dave Doeren. NC State is good enough to hand FSU, Louisville, or Clemson a loss. Last year, the Wolfpack gifted Clemson an overtime victory, and it took a 4th quarter comeback by Florida St to win. Coach Doreen has a veteran offensive line to protect junior QB Ryan Finley. This combo will give the Wolfpack a shot to win every week vs. this tough schedule. A 9-3 finish to the regular season IS possible and would be a huge success, but reality is more around 7-5.
3. Oregon– I can already hear you guys now. Such a homer, of course he says Oregon is underrated. Well, they are. No one has any expectations for the Ducks winning the Pac-12 north after finishing a disaster of a season last year 4-8. The Ducks cleaned house and brought in head coach Willie Taggert from South Florida. Oregon has plenty of talent left on the roster offensively. Justin Herbert showed flashes last year as a true freshman and should have a successful sophomore campaign. Expect to see the Royce Freeman of old running the football. The same cannot be said defensively. The Ducks should be a 9-win team and Pac-12 north champs if they can play a nominal amount of defense this season.
2. Penn St– At the end of the regular season last year, didn’t you feel like Penn St was one of the 4 best teams in the country? I did. This team is good, really good. So how could the Nittany Lions team be underrated? I got two names, Ohio St. and Michigan. It feels like James Franklin is the forgotten man behind Urban Meyer and the Khaki man Jim Harbaugh. Penn St has two of the most exciting players in college football. Their quarterback Trace McSorley reminds me of Johnny Manziel. Defenses can’t tackle RB Saquon Barkley in a phone booth. I am bullish on the scrappy Nittany Lions this year to win the B1G title.
P.S. I hate their non-conference schedule (Akron, Pitt, and Georgia St)!!!

1. Oklahoma St– How bout them COWBOYS! Ok St will come into this season ranking outside of the Top 10, but expect them to finish in the college football playoff. The combination of a light non-conference schedule and playing Baylor, TCU, and Oklahoma at home makes for a perfect recipe for 12-0 or 11-1 regular season. Mason Rudolph will be throwing to the #1 receiving corps in the nation. James Washington, Jalen McCleskey, Marcell Ateman, and Tyron Johnson are all studs. Add in running back Justice Hill and it may take a small army to slow Ok St down offensively. The only thing that can derail the Cowboys is Mike Gundy’s bad luck mullet.

5 Most Overrated Teams in College Football

College football season is only a few weeks away. We are already beginning to be flooded with preseason rankings. Here are the teams that will prove themselves overrated this college football season:
Honorable Mention- Louisville. Lamar Jackson fell apart at the end of the season leaving Heisman voters wishing they could get their votes back. He’s a good kid, elite athlete, but he is not elite enough of a passer to lead this team to an ACC title. The Cardinals will likely get to 10 wins due to a non-conference schedule that would make Washington blush.
5. LSU-Please stop trying to sell me on LSU being able to unseat Bama for the SEC West crown. Not happening. Not even if their quarterback Jalen Hurts gets hurt. The Tigers have to get out of the “run and punt” style of offense they had under Les Miles and step in at least a 2010 offense.
In my mind I like the idea Ed Orgeron was hired as head coach. But if I’m judging from his last time he was a head coach without the interim tag (Ole Miss), I realize things could go badly. Derrius Guice might be the nation’s best running back. And as usual the Tigers are stacked with talent on defense with Arden Key (LB) and Donte Jackson (CB) leading the way. Unfortunately, the SEC is Alabama, and everybody else and LSU is an everybody else.
4. Texas-Tom Herman is in, Charlie Strong is out. Texas is back. Texas is a Top 10 team! Slow all the way down and come back in a year or 2. Expectations of burnt orange fans are completely out of whack. But eclipsing the 5 wins from last year shouldn’t be too difficult with this schedule. The Longhorns have talent but depth is an issue, especially on the offensive line. You already know, if you can’t protect your quarterback, you can’t play football. I really hope Shane Buechele’s parents took out an insurance policy on him. He may be running for his life a lot this season. There is good news though. If Tom Herman can keep his QB upright, they have playmakers in Collin Johnson and Devin Duvernay at WR. Todd Orlando is the new defensive coordinator and there’s nowhere to go but up from last years’ Swiss cheese D.
3. Florida- Unless Jim McElwain got a Steve Spurier offensive blood transfusion expect to see another season of non-explosive offensive football. The Gators finished 100th in scoring in 2015 and 107th in 2016. This Florida team is underwhelming. I could name a bunch of defensive players that will keep them in games, but I won’t. This team could very well win the SEC East, but if a tree falls in the forest and no one is there to hear it did it really happen?
2. Michigan- Back to back years, this is becoming a trend. Aside from games against Penn St and Ohio St, this schedule looks like a snoozer. George, what about Florida week 1 and the Wisconsin game? What about it? Sounds like 13-10 ballgames with teams below average offenses masquerading as defensive juggernauts. Michigan only returns 5 starters, and will be playing a ton of freshman. There is good news Wolverines fans. Jim Harbaugh is your coach. If anyone can grind out a 10 win season on the backs QB Wilton Speight and RB Chris Evans it’s the khaki man.

1. Washington- The Huskies non-conference games with Rutgers, Montana, and Fresno State is somehow weaker than last years schedule. To make their schedule even easier, UW plays Oregon, Washington St, and Utah all at home, and avoids USC altogether. I believe Chris Peterson is a great coach. I believe Washington will have a good running game with Miles Gaskins and Lavon Coleman. I believe D Coordinator Pete Kwiatkowski will be able to field a formidable defense despite losing Budda Baker, Sidney Jones, Kevin King, and Elijah Qualls to the NFL. But they will not be battle tested and will probably lose a game because I DO NOT BELIEVE IN JAKE BROWNING. How could I say that? He threw for 3,430 yards and 43TDs last year. Browning was carried by the Husky defense. They created easy scoring opportunities from short fields. He did not impress in games vs. Arizona, Utah, USC, Colorado, and Alabama. Even if Washington does finish undefeated expect to hear grumblings about leaving them out of the Top 4.