Sports participation has become a part of American life. Today, sporting events have become ingrained into the consciousness of society due to the constant exposure they are given. For example: one quarter of the USA Today newspaper is devoted to the sports section; ESPN has three different channels devoted entirely to sports; and sports talk radio stations can be found in every major American market. In essence, people no longer participate in sports merely for the pure enjoyment of the game. At almost every level sports have become a major business with large amounts of revenue involved. It is through this spectrum that sports participation must be viewed.

Similar to other businesses, sporting events have components essential to their survival. The most basic component would be the players or participants. There must be coaches in order to guide the players and lead them to their goals. Fans are also necessary at the higher levels of sports participation in order to pay for tickets and merchandise to help finance the salaries of the players, coaches, and other expenses associated with the sport. Finally, and in some sense most importantly, there must be officials to enforce the rules of the game and judge potential disputes between participants on the field.

For purposes of comparison, in a court of law, justice is presumed to be blind, able to distinguish between two sides based only upon the facts provided in a particular case. A judge is then to render a decision based on the facts presented, coupled with his interpretation of the results under the law. Sports officials are similar to these legal judges. Sports officials are presumed to be blind to the differences of the two competing sides. The sports official renders his or her judgment based on what he or she views as occurring on the field of play, and his or her interpretation of the rules of the game. Usually, a decision made by an official during a game should be unreviewable.

When sports officials act in what could be called their "judging" capacity they should be afforded protection from assaults and other negative reactions by participants, coaches, and fans. Unfortunately, in most states, this does not seem to be the case. "Kill the ump!" has become more than just a taunt by some disgruntled fans. In fact, certain players, coaches, and fans have engaged in actions in which it seemed as if they were indeed trying to "kill the ump."

That phrase has lead to a disturbing trend in the United States over the past few years. This trend at its foundation shows a lack of respect for the authority exemplified by a sports official. Of course, this lack of respect is symptomatic of a general lack of respect for many authority figures including sports officials, police officers, and teachers.

Year after year, reports of attacks on sports officials are increasing. In reaction to this problem, ejections of coaches and players have also increased. For example, Texas recorded 100 ejections of adult coaches from the games of players in grades seven to 12 in 1996, twice that of the 1995 season. In Florida, 333 players were thrown out of high-school football games in 1996, up from 277 in 1995 and 212 in 1994.

Ron Foxcroft, Hamilton, Ontario Canada, and former chair (1995-1997) of the National Association of Sports Officials (hereinafter "NASO"), has been officiating basketball games for the past 35 years, the last 19 in the NCAA Division I ranks. Foxcroft is hoping to put a halt to the trend of assaults on officials. Foxcroft states, "I'm concerned about the lack of respect by society towards authority in general and towards sports officials in particular." Foxcroft also states that "[this year alone, [1997] we're tracking assaults on 13 officials who have suffered head injuries, broken jaws. It's disturbing and sordid because these are not isolated incidents. They're all too common, and it's creeping into Canada."

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II. THE PROBLEM AT THE PROFESSIONAL LEVEL

1. Introduction
2. Assaults on Officials

A. Introduction.

Americans, as a whole, watch many hours of television. They create heroes out of movie stars and sports figures. This is especially true with young children. By the time they become adults, many children have watched numerous hours of television and have dreamed about being like their heroes. Often these children choose sports stars as their heroes. As the Gatorade commercial promotes, they want to grow up and, "be like Mike."

The problem with emulating sports heroes is that people, especially young children, also try to emulate them when they act in a negative fashion. If the sports hero is not punished for his negative actions, publicly and severely, people believe that the sport heroes' negative actions are all right to emulate. To ignore the problem gives the impression that verbally and physically bashing officials is socially acceptable.

Mau Cason, a Chicago Public School League official, has witnessed a wide range of actions from coaches and players directed at officials. He blames some of the antics and problems which occur at the high school level on the actions of professional athletes.

"The spotlight example set by basketball's Rodman and Nick Van Exel or baseball's Roberto Alomar or football's Bryan Cox is rapidly rolling down to the college, high school and even recreation league level ... It undercuts his authority, and his ability to keep players corralled inside the rules of the game. It declares an open season on the 'zebras' of all sports – baseball, football, basketball, soccer and wrestling . . . all levels.

Beyond the boundaries of the playing field, this escalation of physical and verbal abuse speaks to the sunset of sportsmanship and civility, the celebration of violence and all-consuming victory, the intensification of unrealistic expectations and undue pressures that spell an end to a game being played for a game's sake."

B. Assaults on Officials

There have been several major incidents in the past few years in which an official has been assaulted by a professional or semi-professional athlete. The most highly publicized occurred within the National Basketball Association (hereinafter "NBA"). The incidents and penalties, or lack thereof, have been nationally broadcast time and again. Such incidents seem to be having a profound influence upon the public in general. They show that it is all right to attack an official because if you do, you will only face a minor punishment.

• On January 17, 1998, Rosell Ellis, a Des Moines Dragons forward playing in the International Basketball Association, charged 40 feet across the basketball court in order to attack one of the basketball officials working the game between the Dragons and the Wisconsin Blast. Ellis, who was fifth in the league in scoring at the time of the incident, fought through three teammates in order to put referee Bob Schoewe in a headlock after Schoewe had called him for a second technical foul. Ellis was finally pulled off of the referee by his coach, as security guards assisted, and was escorted to the lockerroom. As a result of his actions Ellis received a season-long suspension.
• On July 20, 1996, Eric Erickson, a football official, was working a semi-pro Mid-Continental Football League game when he was blind-sided by a linebacker. Erickson was taken to a hospital where he was treated for severe contusions, pulled neck muscles, and numbness in his arms and shoulders.
• On March 16, 1996, Dennis Rodman head-butted a referee after the referee had ejected Rodman from the Bulls' game with the New Jersey Nets. For the incident, Rodman received a six-game suspension and a $20,000 fine.
• On April 9, 1996, after being ejected, Nick Van Exel began to leave the floor, changed his mind and rushed back toward the official who had just ejected him. Van Exel threw his forearm into the official's chest, knocking him onto the scorer's table. Van Exel received a seven-game suspension, along with a $1,000 fine for the ejection and a further $25,000 fine.
• Less than two weeks later, after publicly denouncing what his teammate, Nick Van Exel had done, Magic Johnson of the Los Angeles Lakers shoved an NBA official during a game after a questionable non-call. For his actions, Johnson received a three-game suspension and a $10,000 fine.
• On December 19, 1996, Charles Barkley and Clyde Drexler of the Houston Rockets, assaulted referee Jack Nies. Barkley was fined $7,500 for poking Nies' nose and drawing blood during an argument in a loss to San Antonio. Drexler received a $5,000 fine for bumping Nies. Both also received automatic $1,000 fines for being ejected. Barkley received a two-game suspension while Drexler was suspended for one game.

Major League Baseball (MLB) and the National Football League (NFL) have not witnessed these types of problems to the same degree.

However, an incident in 1996 created more media attention and outrage by sports fans than any previous or recent incident. On September 27, 1996, Roberto Alomar of the Baltimore Orioles spit in American League umpire John Hirschbeck's face while arguing a called strike. Hirschbeck had thrown Alomar out of the game, but Alomar continued to dispute the called third strike. Eventually, Alomar charged out of the dugout and needed to be restrained by his manager Davey Johnson.

Alomar received a five-game suspension from the American League for this incident; however, he appealed the suspension and was allowed to play the last two games of the season pending the appeal. The baseball umpires union's executive board was so upset over the incident that it voted to walk out on the opening day of the playoffs. The umpires wanted the suspension to take effect immediately. Alomar's disciplinary hearing had originally been scheduled for the next season, but because of the umpires threatened strike, it was moved up to that week.

The umpires did not strike, but in response to this situation, they threatened a "no tolerance" stance, throughout the postseason, involving any altercations with players or managers. Major League Baseball's response was to threaten the umpires with a lawsuit if they unilaterally changed the rules.

In the end, Alomar did get the five-game suspension, but it did not take effect until the next season. He was free to participate in the playoffs. After this incident occurred many sports officials were disgusted.

The suspensions and fines handed out by professional leagues are often of negligible effect. Fines that range in the thousands of dollars matter little to professional athletes whose yearly salaries are in the multi-million dollar range. Suspensions that range from five to 10 games result in miniature in-season vacations for these athletes. These do not deter athletes from attacking officials. In fact, they may encourage some athletes who are more than willing to incur these penalties in order to prove their point to the officials.

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III. THE PROBLEM AT THE AMATEUR LEVEL

1. Assaults By Players
2. Assaults By Coaches
3. Assaults By Fans

Assaults on sports officials at the amateur level usually fall into three general categories: those committed by players; those committed by coaches; and those committed by fans. The following is an overview of the problem in each of these three categories.

A. Assaults By Players

One of the newest and most frightening trends is that many officials are being assaulted by players. A review of the headlines of almost any major newspaper reveals situations where a player, or players, have assaulted an official. What follows is a brief description of several incidents which have made the news.

• In January of 1996, a high school wrestler head-butted a wrestling official during a match in Washington. The official, Bob West, was unconscious for about 30 seconds. West suffered from a headache and a sore neck. The wrestler was charged with fourth degree assault and faced a maximum penalty of two years probation and 30 days in jail

  .

• In February of 1996, hockey referee Brian Carragher was beaten by players on the hockey team of the University of Moncton Blue Eagles. The incident occurred after a controversial goal ended the hockey game between the University of Moncton and the University of Prince Edward Island. Carragher was repeatedly punched in the head and body, and speared in the groin with a stick. After the Moncton goaltender started the assault, the assistant coach, Patrick Daviault, and several other players joined in the attack. Eventually, Daviault removed a metal mooring from the net and threw it into a pane of glass in front of the goal judge, shattering glass everywhere.
• On May 22, 1996, Steve Hughes, a basketball official, was knocked unconscious during a game by a 17-year-old basketball player. Although the youth knocked Hughes unconscious, almost inciting a riot, he was only sentenced to four days of community service.
• On July 1, 1996, Sammy Hancock, a softball umpire from Winston-Salem, North Carolina, was attacked and beaten after a game he had officiated. He was attacked by several players from the team from which he had ejected a player.
• In October 1996, an ex-Canadian Football League (hereinafter "CFL") player, punched Bob Lindley, a football official, in a Hamilton Touch Football Association game. The player, Less Browne, was sentenced to 12 months probation, 100 hours of community service, and attendance at anger management counseling.
• During a football game on October 25, 1996, Dennis Finck, a football official, was assaulted by Joshua Fleckenstein, an 18-year-old player. Finck had ejected Fleckenstein for fighting with an opposing player. Fleckenstein was originally charged with fourth degree misdemeanor assault, but the charges were dropped after he apologized to Finck and promised to complete 20 hours of community service and to undergo 16 hours of anger management counseling.
• On November 8, 1996, Allan Bainter, a football official in New Mexico, was assaulted during a game by Gilbert Jefferson, an 18-year-old player who had been ejected for fighting (National Federation rules mandate that officials eject any player who fights.) A grand jury dismissed felony charges against Jefferson but indicted him on misdemeanor aggravated assault charges. These charges carried the possibility of up to one year in jail and a fine of up to $1,000.
• On August 15, 1995, Richard Wolff, a baseball umpire, was attacked by Lou Aceto, 17-year-old baseball player, during the seventh inning of a championship playoff game in Ocean County, N.J. Aceto plead guilty to assault charges and was sentenced to six months probation.
• On October 20, 1995, Ken Smotrys, a football official, was working a high school football game in California. Shortly after the second-half kickoff, he was punched by a player from one of the teams. Smotrys suffered swelling and a cut below his left eye.

Those stories present a mere sample of the disturbing trend. There are literally tens of thousands of sporting events (amateur and professional) which occur every year in the United States alone; one can only speculate as to in how many of these contests a sports official is assaulted.

In some of the examples, the offending players faced criminal charges – however, these charges are usually minimal. This lack of punishment may be because the authorities involved do not see the assaults as serious criminal actions. Moreover, in most cases, the perpetrators of these crimes were teenagers who did not have criminal records and, therefore, may have received lighter treatment.

Part of the problem stems from the lack of comprehensive and effective laws to take care of these types of situations. The existing criminal laws for assault and battery are only effective if they are known to the potential perpetrators and carry a large enough deterrent effect. This problem will be expanded upon later in this report.

B. Assaults By Coaches

Equally as disturbing, although not as frequent, are assaults by coaches. A vast majority of the time, these assaults occur because the coach believes the official has made an incorrect call which has hurt his team. What follows are examples of these assaults by coaches:

• In October of 1997, during a youth football game in Sacramento, Calif., coach James Compton attacked referee Dave Anderson and shoved him in the chest, knocking him to the ground. Compton then began kicking Anderson repeatedly in the groin until other officials restrained him. Anderson had come to the sideline to ask the coach to sit a player out for a couple of plays in order to calm the player, who had been involved in an unsportsmanslike act the previous play.
• Also in October of 1997, a father-and-son coaching duo in Fountain Valley, Calif., were charged with assault against an official when the duo teamed to assault an official on the field. While the son held the umpire, the father threw several punches to the face and kicks to the groin area. This occurred in front of 11- and 12-year old players participating in a Dixie Youth League All-Star Baseball Game.
• During a basketball game in early February of 1996, basketball officials Brian Sizemore and David Wolfe were attacked and beaten by the coach and players from a teenage team. The two officials had called off the game when the coach, James Pouncy, earned his second technical and an automatic expulsion from the game, and there appeared to be no one left to coach the team.

Minutes after being escorted from the gym, the coach, "came flying back at a dead sprint toward us," Wolfe recalls. "I tried to stop him. But he tackled Brian. I tried to get Mr. Pouncy off Brian. That's when I got hit in the head with a metal folding chair." . . . Mr. Sizemore was kicked, punched and scratched, drilled in the head with a basketball and decked by a folding chair. It was worse for Wolfe: four chipped teeth, one broken nose and a possible fractured jaw. "I won't know for sure about the jaw," he says through a stuffed nose, "until I get my X-rays back."

This attack occurred as about 100 people watched from the stands. Only four individuals tried to help the officials. "Most people were afraid to get involved," said Sizemore.

• In Philadelphia on February 11, 1995, a basketball official, Anthony Holmes, was beaten by coach Harold Alexander after a game involving 12-year-old basketball players. Holmes is seeking compensation for his injuries and lost wages in a civil suit and jail time for the coach who instigated the assault in a criminal trial.

It must be noted that no matter what an official's decision is, in many cases, half of the individuals involved will be disappointed. After all, fans always want to see the calls go their way. This is a reflection of the nature of sports. In a sporting event there are two sides in competition with one another. Officials are present in order to try to make this competition as fair as possible, and to make sure that the competition is played according to the rules of the game. However, officials are human; they are not infallible. They will make mistakes. In the end, "[t]he most valuable lessons offered by sports, however, might be learning that things aren't always right and fair, that there's injustice lurking out there," stated NASO president Barry Mano on July 28, 1991, in The New York Times. "In a world of increasing equivocation, sports mandates decisiveness, and that should be reassuring."

Such behavior raises the question, "What kind of example are coaches setting for their players?" These situations present coaches of youth sports who have gone too far. These coaches, who have been entrusted to show the next generation how to properly handle themselves on the field of competition, are teaching America's youth the wrong lesson.

This type of behavior may be spreading. Possibly, coaches watch or read about one attack on a sports official and see that nothing of consequence happens to the perpetrator. As a result they are less apt to control themselves in a similar situation. After all, they will likely be back coaching in a short period of time, while the official whom they attacked will probably never work another one of their games because assignors and league officials might fear another incident. While officials are trained to carry no grudges and take each game one at a time, the fact is that the official may be afraid to ever work another game, or in the alternative, his efficiency in working a game may be altered because of his fear of being attacked again. At some point, the official may simply come to the conclusion that "enough is enough" and quit. For most officials, officiating is a secondary income and financial security is not a factor.

C. Assaults By Fans

Also joining in on the assaults are the fans. The fans may be the most difficult category to control. In theory, fans are beyond the control of teams and leagues. The only form of punishment that a team or league can impose on a fan is to not allow the fan to attend any future games. Unfortunately, this type of punishment is not always successful and only occurs after an official has been assaulted. Examples of these fan assaults include:

• In January of 1999 in Grand Junction, Colorado, a high school wrestling official's home which was under construction and his dog were spray painted with blue paint by students who were apparently upset with the outcome of their schools wrestling match the day before.
• In December of 1997 in Parish, Alabama, a group of fans swarmed onto the field and chased the officials into their lockerroom following a high school playoff game. The losing team's public address announcer stated over the P.A. that, "These officials should go back to school." The statement incited the crowd and several arrests were made.
• Following a Pop Warner football game on October 11, 1996, Bob Eakins, a football official, was attacked in a darkened parking lot after he had waited for more than a half an hour to collect his game check. During the game Eakins had ejected a coach for using vulgar language. Following the game, Eakins and his partner, Alan Fowler, were attacked by five fans. Fowler stated that he recognized that some of the attackers were relatives of the coach.
• On February 8, 1996, basketball official Mike Van Lieshout was attacked by James Blask, the District Attorney for Lincoln County, Wisconsin, following a sophomore basketball game. Blask was unhappy with many of the calls made by the officials during the game. In April of 1996, Blask was charged with disorderly conduct and obstruction of an officer. Blask was eventually removed from his office by the governor of the state of Wisconsin as a result of the incident.
• On December 22, 1995, basketball official Rick Gloe was attacked after a high school game that he had worked in Oshkosh, Wisconsin. He was attacked while changing his clothes in the official's lockerroom by an angry parent who was unhappy with the officiating throughout the game. The parent, Randy Wade, pushed his way through the other official and the athletic director in order to get to Gloe.

Fan assaults on officials can become the most dangerous type of assaults for officials to deal with. The danger is heightened because these assaults normally occur after the game is over away from other individuals and participants. Often, the official is assaulted by multiple attackers. If an assault occurs out of the view of anyone else, it is difficult to escape serious injury and to prove the identity of the attackers.

While this section has dealt with amateur level incidents, an occurrence in 1996 following a semi-professional football game provides another glaring example of the ease in which fans can become overzealous.

• On October 26, 1996, after a semipro football game in Massachusetts, Fred Simm, a football official, was punched by a fan as he was walking to his car. Assault and battery charges were filed against the fan. During the New England Football League game, Jackson and another man had been taunting Simm from the sidelines. (The fans) stood on the sidelines yelling, "We're going to get you – the guy in the middle with the mustache," Simm said. "He
• thought that they were singling him out because he was the one marking off the penalties."

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IV. DEALING WITH THE PROBLEM

1. State Laws That Protect Sports Officials
2. Punishment in The Professional Leagues
3. Other Solutions

There are several alternatives available to try to stop these assaults on sports officials.

A. State Laws That Protect Sports Officials

Many states do have statutes in effect that can be used to punish the athlete, coach, or fan who assaults a sports official. Frequently, the assault cases described above went through the criminal courts. The problem is that these assaults keep occurring. The laws are not deterring individuals from committing assaults on sports officials. In many instances the punishments are small compared to the severity of the crimes. The following is a listing of the types of statutes that could apply at the state level.

• In Wisconsin, the battery law states that, "[w]hoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor." A Class A misdemeanor is punishable by up to nine months imprisonment and up to a $10,000 fine or both.

Wisconsin has decided that physically assaulting certain individuals merits a more severe punishment. Therefore, laws were enacted to protect these individuals, such as: law enforcement officers, firefighters, parole agents, aftercare agents, witnesses, jurors, etc. Unfortunately, at this time the list does not include sports officials although legislation is pending in 1999.

Many other states have legislation pending at the time of the preparing of this report. They include, but may not be limited to: Alabama, Arizona, Connecticut, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, New York, New Mexico, Ohio, Oregon, Texas, Virginia, Washington and Wisconsin.

The passage of assault legislation is a primary concern for NASO. It is therefore the intent of NASO to organize its membership to support grassroot efforts to add sports officials to such protected professions.

• In Arkansas, the law that protects sports officials is simple and straightforward. It deals with abuse of athletic contest officials and makes it a Class A misdemeanor to strike or otherwise physically abuse a sports official. Cod. Ann. Section 5-13-209 provides: Any person, with the purpose of causing physical injury to another person, who shall strike or otherwise physically abuse an athletic contest official immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which the athletic contest official is participating shall be guilty of a Class A misdemeanor.
• The state of California doubles the penalty for an assault committed upon a sports official. A regular assault in California is punishable by a $1,000 fine and six months in the county jail. An assault committed against a sports official is punishable by a fine of $2,000 and one year in the county jail. The California Penal Code Section 243.8 provides: (a) When a battery is committed against a sports official immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which the sports official is participating, and the person who commits the offense knows or reasonably should know that the victim is engaged in the performance of his or her duties, the offense shall be punishable by a fine not exceeding Two Thousand Dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (b) For the purposes of this section, "sports official" means any individual who serves as a referee, umpire, linesman, or who serves in similar capacity but may be known by a different title or name and is duly registered by, or a member of a local, state, regional or national organization engaged in part in providing education and training to sports officials
• The Delaware law provides for a progressive punishment for those who are repeat offenders. Any person who is found guilty of assaulting a sports official for the first time shall be guilty of a Class A misdemeanor. A second or subsequent conviction will result in the person being guilty of a Class G felony. Delaware Code Ann. Tit. 11, Section 614 provides: (a) Any person who intentionally causes physical injury to a sports official who is acting in the lawful performance of his duty shall be guilty of a Class A misdemeanor. Upon conviction of a second or subsequent offense under this section, such person shall be guilty of a Class G felony. (b) For the purposes of this section, the words "sports official" shall mean any person who serves as a referee, umpire, linesman, or in any similar capacity in supervising or administering a sports event, and who is registered as a member of a local, state, regional or national organization which provides training or educational opportunities for sports officials.
• Kentucky enacted legislation on April 10, 1998, making the assault of a sports official a third degree Class D felony. Section 1. KRS 508.025 reads: (c) intentionally causes or attempts to cause physical injury to a sports official: 1. Who was performing sports official duties at the time the physical injury or attempt to cause physical injury was perpetrated; or 2. After the sports official performs official duties at an athletic event, if the physical injury or attempt to cause physical injury occurs within the confines or the immediate vicinity of the athletic facility at which the athletic event occurred. Section 2. For the purposes of this section, "athletic contest official" means an independent contractor who serves as a referee, umpire, linesperson, timekeeper, coach, or any person who serves in a similar capacity but may be known by other titles and is duly registered as a member of a local, state, regional, or national organization which is engaged in part in providing education and training to "athletic contest officials."
• Louisiana's law protecting sports officials is more limited in its coverage. The law only covers athletic officials working interscholastic during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which the athletic contest official is participating shall be guilty of a Class A misdemeanor. Rev. Stat. Ann. Section 14-34-4 provides: (A)(1) Battery of a school athletic contest official is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school contest official. (2) For purposes of this section, "school athletic contest official" means any referee, umpire, coach, instructor, administrator, staff person, or school or school board employee of any public or private secondary school while actively engaged in conducting, supervising, refereeing, or officiating of a school sanctioned interscholastic athletic contest. (B)(1) Whoever commits the crime of battery of a school athletic contest official shall be fined not more than Five Hundred Dollars ($500) and imprisoned not less than fifteen days nor more than six months without benefit of suspension of sentence. (2) The court in its discretion, may suspend the imposition of sentence and place the offender on probation with the condition that he shall serve two day in jail or perform five days of community service work. Failure to successfully complete the community service work, as determined by the supervisor or the program to which he is assigned, may result in revocation of probation.
• The Montana law regarding assaults on sports officials includes sports officials at all levels amateur or professional. There is also a section dealing with negligently assaulting an official, and a section devoted to putting an official in apprehension of bodily injury. Code Ann. Section 45-5-211 provides: (1) A person commits the offense of assault upon a sports official if, while a sports official is acting as an official at an athletic contest in any sport at any level of amateur or professional competition, the person: (a) purposely or knowingly causes bodily injury to the sports official; (b) negligently causes bodily injury to the sports official with a weapon; (c) purposely or knowingly makes physical contact of an insulting or provoking nature with the sports official; (d) purposely or knowingly causes reasonable apprehension of bodily injury in the sports official. (2) A person convicted of assault upon a sports official shall be fined an amount not to exceed One Thousand Dollars ($1,000) or be imprisoned in the county jail for any term not to exceed six months, or both.
• The New Jersey statute regarding assaults on officials is included with the statute on assaults of police officers, correctional employees, public servants, firemen, and sports coaches and managers. The person's status as a sports official is considered an aggravating circumstance by the court and is to be considered when imposing sentence on an offender who assaults a sports official. Stat. Ann. Section 2C:44-1(a) provides in part: In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances: (8) The defendant committed the offense against a police officer or other law enforcement officer, correctional employee or fireman, acting in the performance of his duties while in uniform or exhibiting evidence of his authority, the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of his duties or because of the personís status as a sports official, coach or manager.
• The North Carolina statute groups assaulting a sports official with misdemeanor assaults, batteries, and affrays, and provides a specific section dealing with assaulting a sports official. The statute covers sports officials who work every conceivable athletic event, because it includes a clause which states that, "[a] 'sports event' includes ... any other organized athletic activity in the State." General Stat. Section 14-33(b)(9) provides in part: (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits assault, assault and battery, or affray is guilty of a misdemeanor punishable by fine, imprisonment for not more than two years, or both such fine and imprisonment if, in the course of the assault, assault and battery, or affray he: (9) Commits an assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sports event, or immediately after the sports event at which the sports official discharged his duties. A "sports official" is a person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. A "sports event" includes any interscholastic or intramural athletic activity in a primary, middle, junior high, or high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, any athletic activity that is a professional or semiprofessional event, and any other organized athletic activity in the State.
• The statute in Oklahoma provides for significantly more jail time for anyone convicted of assaulting a sports official than for anyone simply convicted of assaulting an ordinary person. The jail time increases from 30 days (for anyone convicted of assault) to 90 days (for anyone convicted of assault and battery) to one year (for anyone convicted of assault and battery to a sports official). The fine is the same for an assault and battery of a sports official and an ordinary person ($1,000). Statute Ann. Tit. 21, Section 650.1 provides: Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any assault, battery, assault and battery upon the person of a referee, umpire, timekeeper, coach, official, or any person having authority in connection with any amateur or professional athletic contest is guilty of a misdemeanor and is punishable by imprisonment in the county jail not exceeding one year or by a fine not exceeding One Thousand Dollars ($1,000) or both such fine and imprisonment.
• The Pennsylvania statute regarding assaults on sports officials defines sports event and sports official and states that anyone guilty of assaulting a sports official is guilty of a misdemeanor of the first degree. Cons. Statute Ann. Section 2712 provides: (a) Offense defined. A person who violates section 2701 (relating to simple assault), where the victim is a sports official who was assaulted during a sports event or was assaulted as a result of his or her officials acts as a sports official, is guilty of assault on a sports official. (b) Grading. Assault on a sports official is a misdemeanor of the first degree. (c) Definitions. As used in this section, the following words and phrases shall have the meaning given to them in this subsection: "Sports Event" – Any interscholastic athletic activity in a junior high, high school or college or university in this Commonwealth or any other organized athletic activity in this Commonwealth including a professional or semiprofessional event. "Sports Official" – A person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. The term includes a trainer, team attendant, game manager, athletic director, assistant athletic director, president, dean, headmaster, principal and assistant principal of a school, college or university.
• The West Virginia statute regarding assaults on officials allows for relatively small penalties as compared to the states previously discussed. The statute penalizes an offender who assaults a sports official with a fine between $50-$100 and between one to 30 days in jail. Anyone who commits a battery against a sports official is fined between $100-500 and one to 30 days in jail. The statute was enacted in 1966, but was current through 1996. Section 61-2-15a provides: (a) If any person commits an assault as defined in subsection (b), section nine sect. 61-2-9(b) of this article, to the person of an athletic official during the time the official is acting as an athletic official, the offender is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than Fifty Dollars ($50) nor more than One Hundred Dollars ($100), and imprisoned in the county jail not less than twenty-four hours nor more than thirty days. (b) If any person commits a battery, as defined in subsection (c), section nine, sect. 61-2-9(c) of this article, against An athletic official during the time the official is acting as an athletic official, the offender is guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than One Hundred Dollars ($100), and imprisoned in the county jail not less than twenty-four hours nor more than thirty days. (c) For the purpose of this section, "athletic official" means a person at a sports event who enforces the rules that event, such as an umpire, referee, or a person who supervises the participants, such as a coach.

This overview of the various state laws demonstrates that some states have considered the problem of assaults on sports officials and have decided to try to do something about it.

In Minnesota, while the legislature has not enacted a law, the state's high school athletic association has the following bylaw:

"Any person who assaults a sports official in connection with an interscholastic athletic activity may be excluded from attending an activity for up to 12 months." – Chapter 128C.08 Subdivision 2:

Unfortunately, not enough states have enacted legislation to stop the spread of assaults on sports officials. Moreover, of the states that have enacted specific legislation to deal with the problem, not all of them deal with it severely enough.

It is not enough that each state must wait for one of its sports officials to be seriously attacked or beaten before its government takes action to stop this practice. States must take pre-emptive strikes against those who would attack a sports official to prevent these incidents from occurring in the first place.

B. Punishment in The Professional Leagues.

The NBA has encountered the most instances of assaults on sports officials. Therefore, a more thorough analysis of its collective bargaining agreement is helpful in order to determine what punishment may be available to discipline those who assault the officials.

The NBA Collective Bargaining Agreement (hereinafter "NBA-CBA") does not contain any provision which deals directly with players assaulting officials. However, the NBA-CBA does contain a section dealing with player conduct. This section delineates the fines that a team may impose upon a player for that player's actions. The provision also references the Uniform Player Contract (hereinafter "NBA-UPC"), which explains other actions that the player may be fined for. There are two sections of the NBA-UPC which could be used to punish a player who assaults an official. The first is in paragraph 16 of the NBA-UPC which deals with the termination of the playerís contract. Under this provision, a team may terminate a playerís contract if the player does:

(1) at any time, fail, refuse, or neglect to conform his personal conduct to standards of good citizenship, good moral character (defined here to mean not engaging in acts of moral turpitude, whether or not such acts would constitute a crime) and good sportsmanship, to keep himself in first class physical condition or to obey the Team's training rules[.]

In using this provision, a team might find that an assault on an official was in violation of this clause and thus be justified in terminating that player's contract. Admittedly, as a result of the Latrell Sprewell situation, an actual termination may be impossible.

Sprewell physically assaulted his coach, P.J. Carlisimo, during a practice session in the fall of 1997. The attack involved Sprewell physically choking the coach in front of teammates and assistant coaches. Several aspects of this incident still loom in U.S. courts today.

The other section which could be used to punish a player is paragraph 35 of the NBA Constitution (which is excerpted and added to the NBA-UPC). Under this provision, the Commissioner of the NBA has the authority to suspend or fine any player per the following:

(d) If in the opinion of the Commissioner any other act or conduct of a Player at or during an Exhibition, Regular Season, or Playoff game has been prejudicial to or against the best interests of the Association or the game of basketball, the Commissioner shall impose upon such Player a fine not exceeding $25,000, or may order for a time the suspension of any such Player from any connection or duties with Exhibition, Regular Season, or Playoff games, or he may order both such fine and suspension.

(e) The Commissioner shall have the power to suspend for a

definite or indefinite period, or to impose a fine not exceeding

$25,000, or inflict both such suspension and fine upon any Player who, in his opinion, shall have been guilty of conduct that does not conform to standards or morality or fair play, that does not comply at all times with all federal, state, and local laws, or that isprejudicial or detrimental to the Association.

These sections seem to be the sections under which the players who have assaulted officials in the past have been penalized. These sanctions, however, are inadequate.

As was stated previously, MLB has not had the same types of assaults upon officials (not withstanding the Roberto Alomar incident). However, Baseball did have provisions in its 1990-1993 Collective Bargaining Agreement which would have covered these types of actions. Article XII of the agreement, entitled "Discipline" would have been the appropriate section whereby the Club, the League, or the Commissioner could have punished a player who assaulted an umpire.

The NFL has had even fewer incidents involving players assaulting referees. However, had the NFL needed to punish a player for such an incident, it could under the current NFL Collective Bargaining Agreement (hereinafter "NFL-CBA"). There are two sections in the current NFL-CBA which deal with player discipline. These sections contain the provisions under which a team and the league may punish a player.

The penalties provided for under each of the league's respective collective bargaining agreements are simply inadequate. They are monetary in nature and pale in comparison to the vast amounts of money that today's professional athlete receives. As Charles Barkley said, "I don't care about $10,000. The money goes to a good cause. (Many professional leagues allocate fine money to charitable causes). So I look at it in a positive light. I got my money's worth. I definitely got my money's worth."

There may be a number of reasons for the lack of proper penalties in these professional leagues. Initially, the leagues may not see that the increase in these types of assaults is important enough to merit large fines or long suspensions. For example, drug use and gambling receive high priority as problems to be dealt with by the professional league offices. There have been a number of professional athletes who have been subject to long-term suspensions due to drug use or gambling on games. A focus on this behavior may send the message that it is more important to avoid drugs or to not bet on games than it is to not physically attack an official. Admittedly, these problems are serious. However, physically assaulting an official should be equally as important.

The professional leagues could also be afraid of losing star players for long periods of time, longer than the current length of these suspensions. If a league started handing out year-long suspensions for attacking an official, it could run the risk that it may lose a star player for a year and could be hurt financially because of decreases in fan support.

In the NBA for instance, if the league were to suspend for an extensive period of time an athlete who physically assaulted an official, the league would have lost a number of its top players in the last few years. Dennis Rodman would have been gone from the Bulls for more than a few games; Nick Van Exel would have missed extensive time with the Lakers; and Charles Barkley and Clyde Drexler would have missed even more time with the Houston Rockets. Maybe the league could stand to lose lesser players for a period of time, but to lose players of this caliber would be very costly, not only for these teams (in the terms of wins and losses, box office draw, and television revenue) but for the league as a whole.

Finally, some professional leagues may be afraid or unable to punish players severely, because of the strength of the players' unions and the ambiguous nature of the collective bargaining agreements. Players' unions are certainly going to defend their players' actions even when the act itself seems indefensible as was clearly evidenced in the Roberto Alomar and Latrell Sprewell situations

C. Other Solutions

Barry Mano, who is the publisher of Referee magazine and NASO's president says, "There appears to be a growing trend toward players, coaches, and fans assaulting sports officials. This problem needs to be stopped before it gets out of control (assuming that it is not already too late). Poor officiating – or officiating that is perceived to be biased – is no justification for physical violence, or for any form of assault at any level of play."

One way to crack down on the violence is for the leagues to get tougher. Recreational, high school, and college leagues should have a no tolerance rule. A no tolerance rule simply states that the league or governing body does not tolerate an assault by a player on an official. If a player or coach assaults an official, that individual would be banned from the league. The ban could be a lifetime ban or it could simply last for the remainder of the current season. If the ban is only for the current season, the player or coach would be allowed to participate the next season, assuming that the player still had eligibility left. If a player or coach would receive a subsequent ban for assaulting an official, that player or coach would then receive the lifetime ban from the league.

Professional leagues should try to deter players and coaches from assaulting officials by handing out more severe penalties. This would then ensure that the fans, especially young children, realize that it is not acceptable to attack an official, even if it may seem like the official is "working a bad game."

Fans who assault an offical should be banned from attending future events. If the players, coaches, and fans were aware of the punishments for assaulting an official and knew that they would be strictly enforced, maybe they would realize that it would not be in their best interest to strike an official after they thought the official "blew a call." After all, hitting an official is presumably not going to change the call itself.

All states need to enact legislation in order to increase the punishment for assaulting an official. Sports officials play an important role in society. They do a thankless job for minimal compensation. Many officials participate out of a sheer love of the game and to teach children who play the game the valuable lessons that can be learned through participating in sports. These lessons include that of sportsmanship, working as a team, and working within the rules of the game to achieve a common goal.

Many officials have expressed their concern to NASO and other officials organizations that it is getting more difficult to keep an enthusiasm for the job when such behavior against officials is escalating. There is concern by many that good officials will retire early because they fear for their safety and feel as if they are fighting a losing battle. Sports officials need protection in order to do their jobs in a safe environment. That protection needs to come from the states.

Furthermore, states that have statutes to protect sports officials must enforce those laws more stringently. States that do not have specific laws to protect sports officials either need to enact special laws or try to enforce existing assault and battery laws on individuals who attack sports officials. While no specific statistics exist, enhanced penalties for assaulting a sports official may be able to act as a deterrent and keep individuals from assaulting a sports official. Legislation may be the most effective way to slow such behavior.

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V. CONCLUSION

NASO founder and president Barry Mano eloquently summarizes why legislation is necessary to protect sports officials. In the fall of 1998 he stated, "When during a game, Roberto Alomar of the Baltimore Orioles spit in the face of umpire John Hirschback, America was outraged. In the two years since that incident the pace of assaults against sports officials has quickened, especially at the recreational and youth levels.

"Today the health of our games is being attacked by a cancer of bad behavior, much of it occurring in full view of our young people who participate in organized sports. We must do something to send a clear signal that such behavior will not be tolerated and we need to do so for two reasons.

"First, the men, women, boys and girls who give their time and energy to officiate games not only deserve our collective respect, they must have complete confidence that they will be able to carry out their responsibilities in a safe environment. Without this confidence, we will lose the ëbest and brighestí in our field.

"Second, as a society we need to act on the belief that respect for authority, whether you agree with it or not, is critical to living, working and playing together. Sports needs to be a beacon, highlighting positive accomplishments and the need for sportsmanship and fair play.

"While education of the public about these vital matters continues to be important, recent events point out the need for strong sanctions against those who engage in bad behavior at sporting events."

Special Notes:

The author, Troy Cross, has been a registered basketball, baseball and softball official in the Wisconsin Interscholastic Athletic Association (W.I.A.A.) since 1990, and a registered volleyball official since 1992. He has seen many different sporting contests from an official's viewpoint, but thankfully, he has not witnessed an official being assaulted firsthand.

The editor, Bob Still, is public relations manager for the National Association of Sports Officials (NASO) and is a W.I.A.A. registered baseball and football official. He also works semi-professional baseball and football and supervises the training of new officials for several youth programs in southeastern Wisconsin.

Contributing media sources:

The Seattle Times, Toronto Star, Edmonton Journal, Des Moines Register, Cincinnati Enquirer, The New York Times, The Star-Ledger, The Santa Rosa (Calif.) Press Democrat, Milwaukee Journal Sentinel, Sports Illustrated, The Star-Tribune, Calgary Herald and Referee magazine.

Penal code sources:

Law libraries of the states of Arkansas, Califronia, Delaware, Kentucky, Louisiana, Montana, New Jersey, North Carolina, Oklahoma, Pennsylvania, West Virginia and Wisconsin.

Miscellaneous contributing sources:

1995 NBA Collective Bargaining Agreement, 1990 Basic Agreement between the American League of Baseball Clubs and the National League of Baseball Clubs and Major League Baseball Players Association, 1993-2000 NFL Collective Bargaining Agreement.


Special Report: Assaults On Sports Officials is based upon a written report by Troy Cross for the Marquette Sports Law Journal and was edited by Bob Still of the National Association of Sports Officials.

Additional copies of this report are available from the National Association of Sports Officials for $10.00 each.

Copyright© 1999 by the National Association of Sports Officials (NASO), 2017 Lathrop Avenue, Racine, WI 53405.

Published jointly by the National Association of Sports Officials (NASO) and Referee Enterprises, Inc. (REI), P.O. Box 161, Franksville, WI 53126.

All rights reserved. No part of this report may be reproduced in any form or by any means, except for the inclusion of brief quotations in a review, without permission in writing from the publisher.

Printed in the United States of America

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