Return to play for US college sports - legal risks, liability waivers and best practices

On May 20, the National Collegiate Athletic Association (NCAA), the governing body for college sports in the United States, announced that colleges and universities across the country could bring student-athletes back to campus as early as June 1 for voluntary workouts for football and men’s and women’s basketball.[1]  Coaches are not allowed to be present during these voluntary activities until after July 1, and student-athletes are only permitted to work-out a total of eight hours per week during the summer.

Two days later, on May 22, the NCAA lifted the previous ban[2]  against returning to campus that had been in place to mirror local, state and federal stay-at-home orders issued because of the COVID-19 pandemic, to include all Division I athletes and sports. As government issued pandemic orders eased, so too were restrictions regarding the re-opening of college sports in this country. Certainly, no college sport is more important financially than the return of college football. Simply stated, college football is the king of all revenue generating sports in the U.S. 

In light of the announcements, this article examines the main return to play issues facing US college sports, in particular:

• Reported cases
• Additional safety procedures
• Pledges and liability waivers
• Debate on legal immunity
• Best practices