Introduction
Earvin “Magic” Johnson shocked the sports world when he revealed his HIV-positive status and continued to participate in professional basketball games. He faced varying reactions including scrutiny and acceptance. With rising fears of contracting HIV during sports games that turn bloody, the dilemma exists of requiring athletes to be subject to more testing. With this comes an ethical dilemma due to the stigmatization of individuals with HIV. Considering that HIV is a potentially deadly and dangerous virus, some argue that it should be part of the regular routine testing that athletes already go through. So now the question that exists in the sports world today is: should all professional athletes be subject to regular mandatory
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testing for HIV? This paper explores both sides to this question, followed by an analysis on both sides of the issue. Support for Non-Mandated Testing There has only been once documented case where it was believed that HIV was transmitted during an athletic event.
At an Italian soccer match in 1989, two players were involved in a bloody collision, one who was HIV+ before the game, and one player who was not HIV+ until after this game (Kovacic 2008). However, this transmission due to the interaction during the match cannot be completely proven (Kovacic 2008). To date, researchers argue that this case is inconclusive (Kovacic 2008; Anderson 1995). Therefore, it is to be assumed that there are no documented cases of players transmitting HIV during games. Medical professionals state that HIV cannot live outside of the body for a very long time, and so the likelihood of transmitting blood through splashing blood onto one another is extremely small (Wolohan 1997). Athletes in modern society are already under constant scrutiny and pressure without the added burden of everyone having to know their HIV status when there have been no documented issues in the past, and no reason to implement any policies if the existing ones are still preventing athletes from contracting the virus.
Athletes have constitutional rights that could be violated by mandated HIV testing. There are protections under the Fourth and Fifth Amendments relating to ones right to privacy, protection against unreasonable searches in blood testing, and protection against self-incrimination if athletes had to publicly disclose their HIV status (Anderson
1995). Support for Mandated Testing Proponents for mandated testing of all athletes argue that doing so would 1) ease the process of taking the necessary precautions to avoid transmission to other athletes during competition and 2) allow for governing bodies of each athletic association to take appropriate measures in terms of bans based on the knowledge of an athlete’s status (Volkwein-Caplan 2009). If the fear of transmission is justifiable by any means, and the welfare of the athletic population is deemed to be at risk, then it could be beneficial for others to know about an athlete’s status. It is also beneficial to test all athletes for the sake of prevention. By taking the necessary steps with the knowledge of an HIV+ athlete participating in an event, the staff can therefore make accommodations as necessary to prevent any risks of transmission. Conclusions Since HIV has the potential to be a deadly disease, the decision to mandate testing should not be taken lightly. However, with the low likelihood of transmitting HIV by splashing blood during sports matches, and the lack of cases where athletes contracting HIV during games, it may not be necessary at this time (Wolohan 1997). Therefore, it should be up to the individual sports leagues whether or not they decide to test their athletes based on the risk factors involved in the sport.
This is a big topic in the sports world. Players such as Reggie Bush and O.J Mayo have stripped their team of big achievements just because of one desicon. Some of the things that have been stripped are national championships, scholarships, wins, and not being able to play in the postseason next year. The player also may have some achievements taken away as well. Such as, player of the year award, or defensive player of the year. Most of the incidents happen when a player signs an agent and takes gifts such as money, houses, cars, food, and so on. Colleges should be punished because they are responsible for that player, colleges/coaching staff have a pretty good idea of the events that happen between players, and the athletes are representing the college.
No matter your career, you will eventually run into a situation where an ethical or moral decision has to be made. I am planning on going into athletic training where many ethical dilemmas will surround the health or actions dealing with athletes. Here are three different scenarios I could face as an athletic trainer and how I would resolve each ethical issue.
The failure of the NFL to disclose credible research linking concussions to permanent, hidden long-term brain injury to the players can be interpreted as both ethical and unethical. Ethical theories and traps influenced the NFL’s decision. Not disclosing the research is considered moral by the ethical theory of utilitarianism. Utilitarian ethics considers the best decision is one which maximizes overall happiness and minimizes overall pain is more ethical. Utilitarianism’s goal is to produce the best outcome for the largest number of people. The NFL’s failure to reveal the research connecting concussion to permanent brain injury’s is in line with utilitarian ethics. A larger population benefits from football compared to the small number of
The stigmatization and discrimination that goes hand and hand with a positive diagnosis of HIV/AIDS is overwhelming. FreeDictonary.com defines discrimination as the “treatment or consideration based on class or category rather than individual merit; partiality or prejudice.” In essence, discrimination is about actions and stigma relates to beliefs and attitudes. Both however are built up on negative views of a person just because they are apart of a specific group. All over the world, there are well-documented cases of people living with HIV that are being denied the right to health- care, work, education, and freedom of movement, among others. (UNAIDS 2005) This stigma and discrimination exist globally, although it appears differently...
...easures. In 1990 HIV-infected people were included in the Americans with Disabilities Act, making discrimination against people with AIDS for jobs, housing, and other social benefits illegal. Additionally, the Ryan White Comprehensive AIDS Resources Emergency Act established a community-funding program designed to assist in the daily lives of people living with AIDS. This congressional act was named in memory of a young man who contracted HIV through blood products and became a public figure for his courage in fighting the disease and community prejudice. The act is still in place, although continued funding for such social programs is threatened by opposition in the U.S. Congress.
Earvin “Magic” Johnson did not earn his nickname of “Magic” for nothing. In 13 season playing for the Los Angeles Lakers he averaged a career double-double with 19.5 points and 11.2 assists per season (The Announcement). This led his team to many championships and put Magic in talks as one of the greatest point guards of all-time. Sadly this career was cut short by a terrible disease that developed in the 1980’s called HIV. This has now made him an advocate for HIV awareness and also pushed him to form organizations to help find a cure for the HIV virus. During this time in history HIV was emerging all over America and for someone of Magic’s caliber to get it shocked the whole nation. Through Magic getting this disease and rising above it showed that it was possible to live through this terrible disease. Magic Johnson overcame the world by facing the adversity of his diagnosis, by facing the critics of how he got the disease, coming back to the sport he loved, and becoming a figure to help cure HIV.
HIV is a devastating and deadly virus that affects 1.1 million Americans annually (CDC, 2010). The hardest hit group is that of gay or bisexual black males. The “Testing Makes Us Stronger” campaign was implemented August 15, 2011 by the Centers for Disease Control and Prevention (CDC) in response to this need for awareness and prevention in the black gay and bisexual male community. From 2006-2009, the number of infected black bisexual and gay men increased by 48% (CDC.gov, 2006-2009) showing an increased need for education and prevention as well access to HIV/AIDS testing in the community in order to reduce the occurrence of HIV among black gay and bisexual males.
In the sports world, homosexual athletes are often forced to hide their sexual orientation and to keep it as a private matter. This is mainly due to the hegemonic masculinity associated with playing sports. Homosexuality is considered the direct opposite of this and therefore is not associated with sports. Also the way athletes talk to each other in the locker room makes it more difficult for gay athletes to come out. Guys jokingly call each other homophobic slurs or pump their chest by talking about women to express their masculinity. Female athletes, unlike their male counterparts, are considered to be more free to talk about their sexual orientation. But, there still exists the misconception that women who participate in sports are assumed to be gay. In college and professional men’s sports it is beginning to become more common for athletes to be more open to talking publically about their sexual orientation. This brings up the question as to whether or not things are changing in our society so that the acceptance of gay athletes will be more common. More acceptance by our overall society as a whole will lead to more gay athletes – both male and female – feeling free to step forward and be open about their sexual orientation.
Various articles examining the ethical and legal issues surrounding the disclosure of HIV status prior to sexual relationships make evident that the disadvantages of disclosure outweigh the benefits, making clear that disclosure is unnecessary.
On November 7th, 1991, NBA star Ervin “Magic” Johnson announced that he tested positive for HIV and was retiring from basketball (7). Twenty plus years later Mr. Johnson is living proof that having HIV is not an automatic death sentence. When Mr. Johnson made his announcement, he gave the taboo topic of HIV/AIDS a very real and prominent public image. With his acknowledgement of being HIV positive spoken aloud, no longer could people put this disease into categories. Indeed, a rich heterosexual male not living in a third world country could contract HIV. HIV/AIDS is not only relegated to homosexuals or poor people.
In today’s society, especially sporting activities involving youth and young adults, it is imperative to ensure the safety of those involved. When an individual is injured either physically, emotionally or both, there is the concern of legal action towards coaches and the association conducting the sporting activity (Wolohan, 2013). The litigious culture that Americans live under has produced a heightened awareness to avoid negligence in athletic activities through proper training and education (Wolohan, 2013). Negligence is defined as an unintended accident that has caused injury to a person or material goods without a premeditated plan of action to cause pain and suffering (Yiamouyiannis, 2008). For that reason, the
On Monday, March 23rd the 7th Annual Business of Sports Conference: Ethics in Collegiate Sports was held in the Villanova room. The event brought together current Villanova employees, Villanova alumni, and outside professionals. The first two hours of the event were designed to educate the students that attended and to allow them to ask questions. Following this there was a forty five minute networking segment with food and refreshments.
Sports are governed by sets of rules or customs and often, competition. Sports have always been a way to connect us to our past and to build optimism about the future. Sport’s a way to bond the people despite differences in race, age and gender. However, today the game that is supposed to teach character, discipline and team work is teaching cheating. And in today’s world, with fame, endorsement, drugs and so much to gain, it is not surprising that athletes are cheating in sports. Cheating in sports is not new thing; it started the day when humans first discovered athletic competitions. According to the Los Angeles Times (August 20, 2006) “More than 2,000 years before Mike Tyson bit off a piece of Evander Holyfield's ear and was disqualified in the boxing ring, Eupolus of Thessaly, a boxer in the Olympics of 388 BC, bribed three of his opponents to take dives. Historians consider Eupolus' crime the first recorded act of cheating in sports” (Pugmire 7). We have been seeking an easier way to win. Cheating in sports, which recently has manifested in diverse forms, is more a result of increasing pressure to win from the sponsors and team management, especially in the context of sport becoming a career rather than an act of recreation. What actually constitutes cheating? When does gamesmanship stop and cheating start? And should we try to stop cheating in sports? The use of illegal drugs, huge amount of money and betting is ruining the fame of sports. Hence, cheating in sports is caused by drugs and the desire for endorsement and fame which are getting more effective in recent.
The society needs to look at everyone equal and not gives the famous athletes special treatment in the courtroom as well as outside the courtroom. However, in the athlete’s defense there are many times where the courts do find justice. Athletes are put in the spotlight and anything they do, good or bad, is blown out of proportion. With all the social media today, the only time these well-known athletes are without eyes on them is in their own home, and sometimes not even then. Many athletes are known to be good role models because of the good decisions making, and special society event they are a part of such as helping children become active, or spending time helping the less fortunate. On the other hand, tt only takes one mistake to ruin
This paper discusses various arguments by the proponents and opponents of mandatory HIV testing in two scenarios.