SPM 4723 Exam 2 Study Guide || with 100% Accurate Solutions.
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Course
SPM 4723
Institution
SPM 4723
What is FERPA? correct answers Federal Education Rights Privacy Act of 1974- protects the privacy of students' education records.
Exceptions: personal memory aids and things used by law instructors and law enforcement records.
What is HIPPA correct answers Health Insurance Portability and Accou...
SPM 4723 Exam 2 Study Guide || with 100% Accurate
Solutions.
What is FERPA? correct answers Federal Education Rights Privacy Act of 1974- protects the
privacy of students' education records.
Exceptions: personal memory aids and things used by law instructors and law enforcement
records.
What is HIPPA correct answers Health Insurance Portability and Accountability Act of 1996-
individual health information protected privacy and security rules.
Hypotheticals related to privacy and medical concerns correct answers Need for consent or not
Identify best practices relating to medical care and sport correct answers Reporting lines and
supervision
Sickle cell testing
Conditioning as punishment is a bad example
Integration of sports medicine and strength and conditioning
Mental health resources
Know what mandatory reporting is and which law requires it correct answers Mandatory
reporting- requires institutions of higher education to report crimes on their campus.
Title 9- Requires institution's staff members to report sexual misconduct allegations.
Identify best practices related to the protection of minors, policies, and procedures. correct
answers Minors- safe sport/ protection of minors- No one on one's with adults and minors
Policies and procedure-
Target high-risk areas, always have adults around. (possible short answers)
Human resource considerations, mechanisms built in to discipline employees
Be realistic with rules that are able to be followed
Limit practice hours to reduce medical issues.
Understand what open record laws are and how they operate within athletic departments at
public institutions correct answers Open record laws- freedom of Information Act (FOIA)
Georgia; know public institutions are subject to these requests, private are not.
Applies to public institutions and organizations. Private under less scrutiny.
Protected info exempt from open records- HIPPA and FERPA.
Confidentiality and NDA- Include agreements as part of onboarding. Applies to interns, student
workers, etc.
Circumvent requirements- Avoid written comm. Use a secure third party to upload. Delayed
response. Broad definitions of protected info.
, Understand the concepts of constitutional supremacy and judicial review correct answers
Constitutional Supremacy- The constitution is the highest law of the land. It also overrides
inconsistent fed laws, state laws, and state constitutions.
Judicial review- Courts can overturn laws that they view as unconstitutional.
Established in Marbury v. Madison
Know the basic structure of the U.S. Constitution (i.e federal regulatory powers, bill of rights,
and other amendments.) correct answers 7 Articles 27 Amendments
Articles 1-6- Est. 3 branches of gov, set forth procedures for constitutional amendments. Est.
federal supremacy.
Bill of Rights- 1st 10 amendments.
Powers (not as important but should know):
Federal Regulatory powers- Enumerated powers.
Commerce Power- Commerce has the right to regulate interstate commerce and intrastate
Taxing power- Fed gov raised revenue for the government.
Spending power- Gov can spend $ - land grant universities
Know the concept of state action and why it is significant for any constitutional law correct
answers State action- The government must be the moving force behind the action.
The NCAA makes public universities fire coaches NOT STATE.
EX1 gov b moving force. NIKE intern wearing Adidas- VP of Nike said go buy Nike shirt or
fired. Free speech not protected NO STATE ACTION
EX2 Permit for protest- FSU'S president's salary is too high,someone is protesting and then the
president takes him away in van (removes him)- this is state action BC it is a public university.
Know the tests used in constitutional analysis correct answers Rational Bias- Easiest to pass, gov
action needs only to have a reasonable relation to a legitimate government purpose.
Intermediate Scrutiny- gov action must serve an important government purpose and be
substantially related to the achievement of such purpose
Strict Scrutiny- Gov action must be necessary for the fulfillment of a compelling government
purpose.
What is freedom of speech and what amendment does it derive from? correct answers Freedom
of speech- 1st amendment. Political/religious speech- if the government wants to regulate must
pass strict scrutiny. Tinker v Des Moines, students wore black armbands to protest the Vietnam
war. The school made them remove it, and the kids won the case.
Commercial speech- less protected, subject to more regulation by the government, can't ban
nondisruptive items.
Unprotected speech- Fighting words, incitement of imminent lawless action, obscenity, yelling "
FIRE"
What is due process and what amendment does it derive from? correct answers The 5th and 14th
Amendments require the federal government (5th) and states (14th) to observe due process
whenever someone is deprived of LIFE, LIBERTY, and PROPERTY
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