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Unit outline_

LAWS5163: Sports Law

Semester 1, 2023 [Normal evening] - Camperdown/Darlington, Sydney

The law of sport is a commercial law subject. This is to be expected in an industry that is a major economic driver, generating revenue in the billions of dollars each year in Australia. Indeed, with the rise of the digital media, internationalisation and the elevation of female competitions, sport is one of the world's fastest growing enterprises. With financial growth comes recognition of how the law guides and affects the business of sport and, in consequence, reflects a growing demand for lawyers with pertinent expertise. Legal issues associated with sport are myriad, and almost inevitably find their way into media discussion or courts of law. For example: when can an athlete's contract be terminated for off-field misconduct; when can an athlete be jailed for on-field violence; what rights do athletes have to their intellectual property; when can an athlete be prosecuted for corruption or doping; to whom do team doctors owe a duty of care; can sporting organisations restrain athletes in trading their reputation; are sport disciplinary tribunals entitled to cancel an athlete's contract; what role does reasonableness and proportionality play in athlete discipline; how can a sporting organisation deal with claims of discrimination; are coaches and clubs legally liable for the actions of their athletes; when is a referee legally liable in the tort of negligence? A great advantage of this subject it that complex legal issues are discussed in a factual setting many are familiar with, thereby promoting meaning, interest and understanding.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS5001 and LAWS5002 and LAWS5006
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator David Thorpe, david.thorpe@sydney.edu.au
Type Description Weight Due Length
Presentation hurdle task Class presentation (20%)
Oral presentation
20% Multiple weeks 1200 words / 12 minutes
Outcomes assessed: LO1 LO6 LO5 LO4 LO2
Assignment hurdle task Written paper (20%)
Written report based on class presentation
20% Multiple weeks 1200 words / short release 1 day
Outcomes assessed: LO1 LO2 LO4 LO5
Assignment Research project outline (0%)
Outline of Research project for prior approval
0% Week 05 250 words/ 5 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment hurdle task Research project (60%)
Research paper report
60% Week 12
Due date: 22 May 2023 at 18:00

Closing date: 05 Jun 2023
3600 words / due last day of session
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
hurdle task = hurdle task ?

Assessment summary

Class presentation (20%): Students in teams of two or more, will be given an article or case by the lecturer from which to prepare a class presentation and submit a written paper. The ‘presentation’ is to be sent in advance of the presentation to the lecturer’s email address: David.Thorpe@usyd.edu.au The 'oral presentation' (Assessment Task 1) and the 'written submission' (Assessment Task 2) are based on the same article or case.

The presentation should not exceed 12 minutes (approximately 6 minutes each for a two-person team, though time may be modified according to class size and number) - marks maybe deducted for rambling on. The presentation will be a truncated version of the formal written submission (Assessment Task 2) with, in addition, commentary and use of related ‘presentation’ materials. Students are free to disagree with the thrust of an article or finding of a case, provided that a sustainable argument or point of view can be made.

Any (relevant) form of presentation or communication is permitted. However, bear in mind, the task is to communicate information to the class – the use of media resources is a tool, not an end in itself. Emphasis is on getting the information across. It is very much about the art of communication. Although part of a team, students will be allocated individual marks for their presentation. While the preparation for the presentation is a matter of cooperation and collaboration, students must do approximately equal work and share the time of presentation roughly equally.

 

Written paper (20%): Students will prepare a 1200 word written submission based on their class presentation, that critically reviews the article or case assigned by the lecturer. The presentation and written submission will aim to critically review the particular article or case. There is scope for argument and disagreement by the student with the theme of the article or the views expressed within the judgment.

In fact, any related material may be utilised to inform the class. The idea is for the student to explore those areas they think are interesting and relevant to the article or case – in this sense the student is given a free hand and is only confined by the broad relevance of the information, provided they keep to the theme of the article or case. To reiterate, the theme or argument is to be explored; there is no warrant for exploring a different theme because the general subject matter is the same. It is envisaged that members of a team will work cooperatively and come to similar views on the article or case. However, where there is massive disagreement, each student is to indicate why their view is different to the other. The written paper (in hard copy) is due in class at 6pm on the day of the presentation. A soft copy is the be sent to the lecturer’s email address: David.Thorpe@usyd.edu.au

 

Research project Outline (0%): By the end of Week 5 student should submit a 250-word Outline that indicates their proposed Research project topic/title, the ‘question’ that will be answered or examined and, should the student wish, a short draft abstract of their proposal, as well as the sources they plan to use in researching their topic. This preparatory submission gives students the opportunity to practise articulating the key topic and core argument they wish to address in their final written essay.

Should any difficulties be evident, the lecturer will discuss these with the student, although in almost all cases the decision to proceed will be that of the student. However, submission is not compulsory. A concern is to ensure the selected topic or question is ‘law based’ and is not, for example, a sociological treatise. Should you be confident in your selection of topic and approach, you need not submit an outline, but at your own risk. Submissions are to be made to the lecturer’s email address: David.Thorpe@usyd.edu.au  
 

Research project (60%): Students are required to write a research project on a topic of their choice pertinent to sports law. The due date is 15th May 2023 at 6pm. The word limit is 3600 words and while footnotes are not included in the word count, the inclusion of text that should be within the body of work should not be placed in a footnote. This task requires students to present a written argument in a structured and analytical manner about an issue, policy or principle of sports law which currently is, or recently has been, the subject of public debate.
In the alternative, students may select a topic on a theoretical or historical aspect of sports law provided it is approved by the lecturer. In all cases this is submitted as the Research Paper Outline. Unless contingencies dictate otherwise, the assignment is to be submitted in Canvas by the due date and time, with a hard copy in the second last class of the session: 15 May 2023 Sydney, Australia timeThe assignment will not be counted as completed until both the hard copy (to lecturer) and electronic copy (to Canvas) have been submitted.
 

Word Limit Penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors and proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). 

Special Consideration: The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator. 

Assessment requirement to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time but before the same time the following day will attract a 10% penalty.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Violence in sport Seminar (3 hr) LO2 LO4 LO5
Week 02 Violence in sport Seminar (3 hr) LO2 LO4 LO5
Week 03 Sport, disciplinary and arbitrary tribunals Seminar (3 hr) LO1 LO3 LO4
Week 04 Doping Seminar (3 hr) LO2 LO4 LO5
Week 05 Doping Seminar (3 hr) LO2 LO4 LO5
Week 06 Discrimination in sport Seminar (3 hr) LO2 LO3 LO6
Week 07 Negligence and civil liability Seminar (3 hr) LO3 LO5 LO6
Week 08 Negligence and civil liability Seminar (3 hr) LO3 LO5 LO6
Week 09 Restraint of trade and anti-competitive practices and sport Seminar (3 hr) LO1 LO2
Week 10 Behavioural misconduct Seminar (3 hr) LO4 LO5
Week 11 Corruption and gambling Seminar (3 hr) LO1 LO2 LO4
Week 12 Athlete selection Seminar (3 hr) LO2 LO5
Week 13 Athlete and player agents Seminar (3 hr) LO2 LO5

Attendance and class requirements

  • Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements must be satisfied by in person attendance. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

  • Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).

 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Reading List, available on Canvas.

  • Thorpe, Buti, Davies, Jonson, Sports Law, 3rd ed. 2018, Oxford University Press, Melbourne.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. appreciate the impact law has on the industry of sport and identify and critically analyse the legal issues sporting organisations and athletes face
  • LO2. identify and evaluate links between the sports law content and other areas of law
  • LO3. locate and synthesise research relevant to critically evaluate factual and legal sporting issues
  • LO4. construct clear, original and persuasive oral and written arguments that are supported by research and textual readings
  • LO5. identify and analyse sports law issues from facts and offer modes of resolution
  • LO6. demonstrate enhanced skills of collaboration and negotiation as a result of participating in group-oriented work.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes made since last offered.

The learning objective of interactive lectures and classes:

Sports Law seeks to enhance learning through lectures that are interactive. To gain the full benefit of this form of lecture requires students to prepare each week ready to participate in the class. Your learning will be most effective when you are actively engaged in the learning process. Therefore, all students undertaking Sports Law are encouraged to prepare before class and actively participate in class. The value of interactive learning and teaching lies in its encouragement of higher-order thinking skills such as critical analysis and evaluation.

During the interactive lecture, the prepared material will be discussed and debated with resources such as video and media articles used to stimulate class involvement. With pre-class preparation, students will be able to identify a legal issue, apply the law to that issue, argue and debate in the lecture in respect to that issue, and offer a legal opinion as to the likely outcome. Students are encouraged to bring to class media items collected during the week relevant to the subject and lead discussion of those issues.

A great advantage of this subject is that while the law is often complex, the facts to which the law is to apply are readily discernible and understandable.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.