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MLC710 T1 2020 Sport and the Law

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MLC710 Sport and the Law

Trimester 1, 2020

Assessment One – MCS Test and problem-based assignment  

DUE DATE AND TIME: Friday, 3rd April 2020@5.00pm

PERCENTAGE OF FINAL GRADE: 20% (Part A – 5% and Part B – 15%)

Unit Learning Outcome (ULO) Graduate Learning Outcome (GLO)
ULO1:  Understand the institutional characteristics and specific legal issues relating to sport, in particular those that are critical for comprehending the legal and ethical concerns in the field of sports management, from the community (amateur) through to the elite (professional) level setting.   GLO1: Discipline-specific knowledge and capabilities  
ULO2: Apply legal reasoning skills, through the identification, analysis, and application of relevant legal rules pertinent to hypothetical legal fact situations relating to sport (at all levels) both in Australia and internationally.   GLO1: Discipline-specific knowledge and capabilities GLO4: Critical Thinking

Overview of this assessment

Your task is to provide solutions to the legal issues posed in the MCS Test and the problem based questions, drawing on the legal principles covered in Topics 1 and 2. This assessment is based on your course materials for Topics 1 and 2. It is NOT a research task. The materials which you should refer to when preparing your answer include the textbook, power points, and cases referred to in the materials.  However, do not cite or reference power points, or the textbook.

MLC710 Sport and the Law
MLC710 Sport and the Law

Cite relevant cases and legislation only.

There are TWO Parts to this assessment.  The first Part A (5%) is an online Multi-Selection Quiz, which will be available on the MLC710 CloudDeakin site in the Assessments folder (Quizzes) until the due date and time.  You are STRONGLY ADVISED to go through this Quiz carefully before you begin writing your answers to Part B (15%) – which you must submit separately into the CloudDeakin Assessment One Dropbox, which is also in the Assessments folder.

The maximum word count for Part B problem based questions is 1000 words in total (with a 100 word leeway). You may be penalised if you are beyond the leeway.  In other words, please keep your word count between 900-1100 words.

Please ensure that you read all of the instructions contained in this document.

Part A – Multi-selection Quiz posted in CloudDeakin in the Assessments Tab in the Quizzes Folder. 

  • Read the information in the Quiz carefully.
  • Do not submit all your answers until you are certain of the selections you wish to make.
  • It is not multiple choice, so there may be more than one correct answer (there may be two, or three or even more correct answers).
  • You will lose a percentage of each mark if you select an incorrect response, or fail to select a correct response.   In other words, choose carefully.
  • YOU MUST SUBMIT THE QUIZ BY THE DUE DATE AND TIME
  • AS ALREADY MENTIONED YOU ARE STRONGLY ADVISED TO DO THE QUIZ BEFORE YOU BEGIN PART B.

Part B – Written Response Submissions

Problem-based question 1

The Trident Athletics Club (TAC) is an association set up to allow its members to participate and compete in the South Victorian Athletics Club competition.   The club practises athletics at Lingham Sports Centre, a community sports facility run by Stratham Council in Victoria.  The Club has a contract with Stratham Council ($3000 per year for 3 years) to use one of the ovals every Tuesday and Thursday from 6-9pm.  This contract was signed by Sally Innes as the ‘nominating trustee’ of the Club, in the name of the Club (TAC), however Sally was never nominated as a trustee of the Club through any formal Club process or governance structures.

Stratham Council are approached by Albion Athletics Club (AAC) to request use of the same oval each Thursday at the same time the TAC use that facility. AAC offer $5,000 per year for the use of the oval on that day for the same time and duration (6-9pm) as TAC. Stratham Council are very short on cash and want to see if there’s a way to cancel their existing contract with Trident Athletics Club, so they can take up this new opportunity.

Advise Stratham Council of the effect of its contract with TAC.  How would your advice differ if the case was decided in Tasmania?

Please use relevant case law and statute to support your answer.

Word count: Maximum 400 words

(5 marks)

Problem-based question 2

Orchard Grove Baseball Club (OGBC), an unincorporated association, plays amateur baseball in the Victorian Girls Social League (VGSL), also an unincorporated association.   Lucy Du Plessis, one of the coaches, has been coaching baseball teams and umpiring in Victoria for several years, and is in charge of the under 10s and 12s at OGBC.  Andrea plays for the under 12s, but has recently been dropped from the A team, due to her poor performances.  Andrea’s parents are incensed that their little girl, who they feel is easily the best player in the under 12s, is being treated unfairly.  Andrea’s mother, Shannon, has always disliked Lucy’s style of coaching.  Andrea had complained on occasion that Lucy would slap the girls on the back and yell at them during training.  Shannon approached some of the other parents from the team to confirm these complaints and convinced them to sign a petition against Lucy stating that Lucy ‘abused the girls’ during training.  Shannon’s brother, Trevor, is one of the head committee members of the VGSL.  Shannon approaches Trevor with the petition, and complains about Lucy’s coaching style and her decision to drop Andrea. Trevor agrees to look into it further and decides to hire an ex-policewoman, Janine, to investigate the matter.  Following advice by Janine to the VGSL Disciplinary Committee, it is decided that Lucy should be banned from coaching baseball in the VGSL for 7 years.  Further to this, Lucy is reported to the Commission for Children and Young People, and is put on a blacklist.  When Lucy receives this news she becomes distraught, and subsequently suffers severe depression.  Lucy is also very upset because the blacklisting has prevented her from being able to umpire representative baseball, which she is paid very well for.  She approaches you for advice on how she might be able to clear her name.  

Advise Lucy.

Please use relevant case law to support your answer.

Word count: Maximum 700 words

(10 marks)

Guidelines for Completing Assessment 1

The objective of this task is to introduce you to the discipline-specific skill of legal reasoning for MLC710 Sport and the Law (ULOs 1 and 2).  Part A of the assessment (Multi-selection Quiz) will introduce the IRAC (Issue; Rule; Application; Conclusion) Formula, and provide a foundation from which you will then be expected to formulate your own written answers to legal problems (hypothetical fact situations – HFS) posed in Part B.  You will be presented with similar legal problem questions (HFS) throughout the course of the unit and ultimately for assessment three you will be asked to write your own HFS. This assessment is the first step in acquiring the skill of legal argumentation, which is set as a discipline-specific skill with which to enhance your writing abilities, as well as provide a deeper understanding of the operation of law in sport.   It is important that your discussion focuses on analysing the facts of the hypothetical problem and applying the law to those facts. Marks will be awarded for your identification of the issues and the material facts that are relevant to those issues; your identification of the law that applies to those facts and issues; and most importantly, the application and analysis of the law as it applies to those facts and issues. Generalised statements of legal principles – that is, those that are not sufficiently relevant to the facts – will attract limited marks only.  It is also expected that you observe tertiary level academic writing standards – organise your writing in proper paragraphs, with correct grammar, punctuation and spelling.

Referencing

For Assessment 1, you are not required to provide a Reference List. Cite relevant cases and legislation (if applicable) in your answer. However, you must comply with the usual legal conventions regarding the italicisation of case names and full case citations with the year and reporting reference. For example, Australian Football League v Carlton Football Club Ltd [1998] 2 VR 546.

Marking Criteria

Assessment 1 is worth 20% of your final grade for this unit. Part A (5%) is a Multi-selection Quiz that must be completed online in CloudDeakin under the Assessment tab in the Quiz folder.  Part B (15%) is a written response submission marked out of 15 (5 marks for the first problem and 10 marks for the second) and will be assessed against the following criteria:

  • Identification of the legal issues
  • Identification of the applicable legal rules (principles of law derived from cases and statutes)
  • Analysis of the facts and application of the law to the facts
  • Conclusion

You will receive an individual mark for each of these four criteria for each of the two case studies in Part B, which will then be added together with your results from Part A. These criteria will be applied by way of a rubric (attached to this document for your reference).

Submission Instructions, Due Date, and Extension / Late Submission Policy

  • Part B of your assessment should be submitted in Microsoft Word (or rich text) format – .doc, .docx or .rtf. Please do not submit your assessment in PDF format, Apple Pages format, or in any other format. It is your responsibility to ensure that the file you submit is readable. Files that are not readable will be treated as non-submissions. Additionally, please take care to ensure that you have submitted the right version of the file (i.e., your final version, and not a draft version) and that you have submitted the assessment for this unit (and have not mistakenly submitted an assessment that was written for another unit). You are not able to ‘take back’ your submission and upload a fresh (correct) version of your assessment, however this should not be a concern, as only your most recent submission will be marked, provided it is submitted before the due date and time. Any further submissions beyond the due date and time will attract a late penalty.  Please observe the following format:
  • You do not need to provide a cover sheet.
  • Use IRAC (taught in Seminars) if you are new to legal writing.
  • Use a font no smaller than 11 point and line spacing of 1.5.
  • Use Calibri font.
  • Use margin 2.54 cm on all sides.
  • You must provide a word count at the beginning of your assessment. All pages of the assessment must be numbered and your student ID number included in the header or footer.
  • You must ensure that your writing, spelling and grammar are of a satisfactory standard.
  • The due date and time for this assessment is 5.00 PM (AEST Melbourne time) on Friday 3rd April, 2020. Your assessment must be submitted via CloudDeakin. If (and only if) there is a CloudDeakin system failure, you may submit your assessment via email to the Unit Chair (Jay Gul) at jay.gul@deakin.edu.au as evidence of timely submission, and your assessment must then be submitted to CloudDeakin once it becomes available (it is a university requirement that all continuing assessments are posted to CloudDeakin). You should not submit a hard copy of your assessment. Please note that missing the assessment due time is not a reason to submit via email – please read the extension/late submission policy (below) very carefully.
  • To obtain an extension, you must email the Unit Chair at jay.gul@deakin.edu.au. Extensions will only be granted for serious and exceptional circumstances beyond your control. Travel, computer failure and work commitments are not grounds for extensions. If you apply for an extension, you must include supporting documentation. Extensions will not be granted without supporting documentation or other evidence of the relevant circumstances.

Requests for extensions must ordinarily be made at least 3 working days before the assessment due date. Requests should only be made after this time where there are exceptional reasons for doing so. Extension requests cannot be made after the due date, unless there are highly exceptional reasons that prevent you from applying for an extension at the regular time.

If an extension is granted, the period of the extension will be commensurate to the circumstances which have affected the completion of your assessment. For example, if you were affected by a medical condition for three days, you would expect that the extension granted would be three days. This means that if you submit an extension request, we do not expect you to provide information to us that is sensitive and thus inappropriate to be disclosed, but we do expect you to be able to provide us with an adequate explanation of the circumstances that have led to your extension request. If you do not explain those circumstances, it is not possible to grant an extension, as it is not possible to make a judgement of the extent to which the completion of your assessment has been affected. The maximum extension period that can be granted is two weeks.

  • Late submissions for which no extension has been granted will attract a late penalty. Late submissions will be dealt with in accordance with cl 46 of the University Assessment (Higher Education Courses) Procedure. Clause 46 provides:

Penalties for late submission of assessment tasks

(46) A due date and time will be set for the submission of each summative assessment task. A marking penalty will be applied where the assessment task is submitted after the due date without an approved extension as follows:

  1. 5% will be deducted from available marks for each day up to five days. 

  2. Where work is submitted more than five days after the due date, the task will not be marked and the student will receive 0% for the task. 


‘Day’ means working day for paper submissions and calendar day for electronic submissions.

Feedback

Your marked assessment will be returned to you within 15 working days of submission, unless otherwise advised – with feedback. Please take the opportunity to consider the feedback you have received and think about how you might use that feedback to improve on future assessments (or, hopefully, to keep doing the things that you have been doing well).

Your marked assessment may contain a range of positive and negative feedback. The purpose of this feedback is to help you learn from your submission. Sometimes, feedback will be given for this educational purpose even though it is not related to a matter taken into account in marking on this occasion. It is not necessarily the case that every item of positive feedback is something that you ‘gained marks’ for, or that every item of negative feedback is something that you ‘lost marks’ for. Sometimes, we are merely helping you learn for the future.

Plagiarism and Collusion

By clicking the ‘submit’ button in the assessment submission area, you are declaring that the attached work is entirely your own, except where otherwise acknowledged, and you are also declaring that it has not been submitted for assessment in any other unit or course.

Plagiarism and collusion are taken very seriously in the Faculty of Business and Law, and in this unit. Instances of plagiarism and collusion will be reported to the Faculty Academic Progress Committee. You are advised to familiarise yourselves with the plagiarism and collusion information contained in your Unit Guide and contained on CloudDeakin. In essence, plagiarism occurs if you pass off as your own work (or copy without acknowledgement) the work of another person, while collusion occurs if you obtain the agreement of another person for a fraudulent purpose, with the intent of obtaining an advantage in submitting an assessment or in other work.

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