Important Precedent Set in South Dakota: For former Valley City State University (N.D.) player Matt Klabo, a return to Rapid City, S.D., did not prove hostile in court. A jury found Klabo not guilty of assault charges for hitting an opponent from South Dakota Tech in the face with an elbow, causing a concussion and a 14-stitch cut. Klabo said Korey Kirschenmann had hit him in the nose with the basketball, so he swung his elbow in retaliation. Klabo’s defense attorney argued that the injury was a product of “reasonably foreseeable consequences” that accompany the game of basketball.
Although the low profiles of the players and schools preclude this case from the national spotlight, the jury set an important precedent. Actions that might normally be construed as assault can be excusable in the context of a basketball game. Of course, those actions carry penalties within the game and likely a suspension afterward. At the professional level, violent behavior usually yields a fine, too. The jury’s verdict, however, places the responsibility of managing discipline at the university level, which is where it should belong in most cases. If schools demonstrate a reluctance or inability to discipline players, U.S. courts would then have a responsibility to rein in bad behavior. [2/13/06]
