In 2011, I stated that the Professional Skaters Association rules governing so-called "solicitation" were restraint of trade. This did not make me popular at PSA seminars, where people in this insular industry could not be made to understand the singularity and bizarreness of the anti-soliciting rules.
Turns out the FTC agrees with me.
To review, the PSA had an anti-solicitation rule stating roughly that no PSA member coach can knowingly directly solicit another coach's student, or tamper with a coaching relationship either directly or indirectly. What this meant was that you could not approach a student who was already working with someone else. You had to be careful about talking to the parents and friends of someone else's student. If a student came to you privately about switching coaches, you were supposed to report this to the other coach if the student had not already done so.
Until a few years ago, when USFS and PSA colluded to impose membership on all coaches doing testing or competing, it wasn't even particularly enforceable, because if you weren't a member of PSA it didn't even apply to you. You could be as big a jerk as you wanted, and if you weren't a member, there was no one to report you to.
If you were a PSA member, it still didn't matter, because the unethical coaches ignored it, and the ethical coaches didn't need it.
There are all sorts of nuanced minefields to this. Kid's parent bragging in the stands? Better be prepared that you have told the parents that you do not encourage this. Got a talented kid in class? Don't praise them too much, either to the kid or the parent if someone else is their coach. Parents in arrears with fees? An "ethical" coach is supposed to refuse to take you until you pay up the prior coach. (Even if the other coach has actively encouraged parents to stay in arrears to keep them from leaving.) Kid in your class been taught incorrect technique on a skill? Careful how you tell the kid their technique is wrong-- that's tampering.
Coming from a business and music background, this sounded absolutely insane to me. Imagine if you had a contractor for your house that wasn't doing the job-- by the standards of this rule, if you went to someone else, they would be ethically required to report you to the guy who was messing up.
Further, it didn't stop unethical coaches, it was used to intimidate students and parents (I knew people who quit skating rather than have to tell a coach they wanted to switch) as well as less experienced coaches and made the whole coach switching thing a nightmarish balancing act.
At the urging of the FTC in another industry, the rules have been changed. It is now only considered statutorily (by PSA statute) unethical to solicit a student actively engaged in competition or a test session. I would call this the "don't be an asshole" rule. The new language is here.
Now, what this means is not that there are no more ethics in coaching. It means that the foolishness of expecting parents to know the esoteric ethical constraints of coaching is over.
In other words, now, if you actively solicit another coach's kid in secret, or start telling parents that you would do better, or bragging to them about how great your kids did at regionals, or telling the kids they would get farther faster with you, you're not strictly unethical according to the rewritten PSA definitions.
You're just an asshole.
The good news: coaches no longer have to report a parent (seriously wtf) to the old coach if they come to you about switching (not that anyone ever did this). The whole team-- parent, skater, coach-- no longer has to tiptoe around hoping that the other coach doesn't file an ethics complaint while you navigate the switch.
It means that skaters and coaches no longer have to fear PSA or USFS sanctioned retaliation if a coach decides to be a jerk about it.
Switching coaches will still be an emotional minefield and you still have to do it with a lot of thought and care, keeping the best interest of the skater at the forefront. There are still ethical issues regarding actively approaching someone else's student (seriously-- don't do this).
Try to work out the issues with the original coach. Talk to the new coach off the premises. Make sure you're paid up. Don't flaunt the change-- no bragging, trashing, or airing of dirty laundry. If you're a coach, always ask someone who comes to you about lessons if they already have a coach, and if so why they want to switch. Give it a week between the final lesson with the old coach and the first lesson with the new one. Keep it friendly with the old coach.
And goodbye to the gag rule. Now we all get to be civilized because it's the right thing to do.
Showing posts with label soliciting. Show all posts
Showing posts with label soliciting. Show all posts
Dec 20, 2014
Feb 10, 2013
Another soliciting post
Or, can the coach even talk to the parents of someone else's student?
In a word, yes.
And no.
The Professional Skaters Association does not actually have an official definition of soliciting or tampering. They have examples, and admonishments not to do it, but nowhere in their Tenets of Professionalism can I find an actual definition.
I'll give it a shot-- soliciting is seeking to acquire a student who already has a coach. Tampering is seeking to undermine an existing coaching relationship (in other words, soften 'em up before moving on to soliciting). These are done clandestinely, as opposed to simple promotion or advertising, which are things like this blog, ads in programs, fliers or listing yourself in the PSA directory.
Most of my email comes from parents concerned that a coach is soliciting their child (or flattered that a coach seems to be soliciting their child). They want to know what to do about it.
And frankly, don't do anything about it. Below the rarified air of medal contenders, parents really have no obligations beyond getting the best coach for their child. You are not bound by the ethical considerations of the coaches. While you don't want to be seen to be constantly coach-shopping, there is nothing ethically stopping you, the parent, from talking to anyone, about anything.
No other teaching profession has rules against trying to get students, even someone else's student, and no other teaching profession makes the parents feel like they have to police it.
A coach who engages in the following types of behaviors-- telling other parents/coaches that she'd take on your kids in a heartbeat, constantly telling you how talented your child is, having her parents tell you that your coach is teaching Skill X wrong-- is definitely soliciting or tampering by the PSA non-definition.
A coach who is teaching your child in class and tells you that your child has technique problems is not soliciting or tampering, unless he goes on to say that you should switch coaches. He is also your child's coach and is entitled to an opinion.
And yes, coaches who seek other people's students are obnoxious slime. But here's the thing.
You cannot solicit a skater away from an unwilling parent. If you don't want to switch coaches, then don't worry about what other coaches and parents are saying. If you are at all susceptible to the talk, then you probably aren't 100% happy with your coach anyway. The reasons for this don't matter. You might think the relationship could be better. You might notice that your coach doesn't have the best skaters (careful with this, there are lots of reasons for it). You might feel more secure with a popular coach, or a "top" coach (no judgement-- these are legitimate reasons to choose a coach).
And if someone is talking behind your coach's back, I would just not get involved unless you really want to switch.
In a word, yes.
And no.
The Professional Skaters Association does not actually have an official definition of soliciting or tampering. They have examples, and admonishments not to do it, but nowhere in their Tenets of Professionalism can I find an actual definition.
I'll give it a shot-- soliciting is seeking to acquire a student who already has a coach. Tampering is seeking to undermine an existing coaching relationship (in other words, soften 'em up before moving on to soliciting). These are done clandestinely, as opposed to simple promotion or advertising, which are things like this blog, ads in programs, fliers or listing yourself in the PSA directory.
Most of my email comes from parents concerned that a coach is soliciting their child (or flattered that a coach seems to be soliciting their child). They want to know what to do about it.
And frankly, don't do anything about it. Below the rarified air of medal contenders, parents really have no obligations beyond getting the best coach for their child. You are not bound by the ethical considerations of the coaches. While you don't want to be seen to be constantly coach-shopping, there is nothing ethically stopping you, the parent, from talking to anyone, about anything.
No other teaching profession has rules against trying to get students, even someone else's student, and no other teaching profession makes the parents feel like they have to police it.
A coach who engages in the following types of behaviors-- telling other parents/coaches that she'd take on your kids in a heartbeat, constantly telling you how talented your child is, having her parents tell you that your coach is teaching Skill X wrong-- is definitely soliciting or tampering by the PSA non-definition.
A coach who is teaching your child in class and tells you that your child has technique problems is not soliciting or tampering, unless he goes on to say that you should switch coaches. He is also your child's coach and is entitled to an opinion.
And yes, coaches who seek other people's students are obnoxious slime. But here's the thing.
You cannot solicit a skater away from an unwilling parent. If you don't want to switch coaches, then don't worry about what other coaches and parents are saying. If you are at all susceptible to the talk, then you probably aren't 100% happy with your coach anyway. The reasons for this don't matter. You might think the relationship could be better. You might notice that your coach doesn't have the best skaters (careful with this, there are lots of reasons for it). You might feel more secure with a popular coach, or a "top" coach (no judgement-- these are legitimate reasons to choose a coach).
And if someone is talking behind your coach's back, I would just not get involved unless you really want to switch.
Oct 20, 2011
The gag rule in action
As you know, I had to release all of my students last week because of moving to a different rink. All of them wanted to stay at the Ice Rink of the Damned, so they started looking for new coaches.
I got lots of calls from friends saying, "hey, Parent X called me about skating with Precious, is that okay? Also, what's going on?"
To review, what I call "the gag rule" is supposedly a protection against solicitation, defined as actively seeking to subvert a coaching relationship by suggesting a student move to a new coach. The Professional Skaters Association and USFS apply this rule rather broadly, encompassing pretty much all conversations around changing coaches. In other words, if a parent/skater is unhappy with their current coach, this rule makes it very difficult for them to quietly try to test the waters elsewhere, because other coaches are required to report the conversation to the current coach or face sanctions.
It apparently works, because several people called me.
Or maybe I just work for classy parents.
What will be interesting is to see if any of my students end up with coaches other than these, who followed the letter of the law and called me, highlighting another weakness of this rule: you have no way of knowing if someone is talking to your students unless they choose to self-regulate. In other words, in the hands of the unethical, the gag rule doesn't work, because they won't call. In the hands of the ethical, you don't need it. (Two of the people who called me are not members of the PSA and therefore not subject to this rule.)
As an opponent of these anti-solicitation measures, I appreciated getting these calls, but would not have faulted the coaches for not calling me. I would have liked calls from the parents,which I didn't get in every instance, because you should ALWAYS talk to your current coach once you've made the decision to move (okay to hunt around behind her back when you're deciding whether to move, but once the decision is made, common courtesy demands direct contact with the old coach).
One of the difficult things about bad situations like this one is having your convictions run right up against your emotional needs--I needed everyone to flip that place a giant bird and quit en masse. But my coaching philosophy says the most important person in the equation is the kids--their need for stability, adults who put their needs first, and a safe place to learn and have fun.
I got lots of calls from friends saying, "hey, Parent X called me about skating with Precious, is that okay? Also, what's going on?"
To review, what I call "the gag rule" is supposedly a protection against solicitation, defined as actively seeking to subvert a coaching relationship by suggesting a student move to a new coach. The Professional Skaters Association and USFS apply this rule rather broadly, encompassing pretty much all conversations around changing coaches. In other words, if a parent/skater is unhappy with their current coach, this rule makes it very difficult for them to quietly try to test the waters elsewhere, because other coaches are required to report the conversation to the current coach or face sanctions.
It apparently works, because several people called me.
Or maybe I just work for classy parents.
What will be interesting is to see if any of my students end up with coaches other than these, who followed the letter of the law and called me, highlighting another weakness of this rule: you have no way of knowing if someone is talking to your students unless they choose to self-regulate. In other words, in the hands of the unethical, the gag rule doesn't work, because they won't call. In the hands of the ethical, you don't need it. (Two of the people who called me are not members of the PSA and therefore not subject to this rule.)
As an opponent of these anti-solicitation measures, I appreciated getting these calls, but would not have faulted the coaches for not calling me. I would have liked calls from the parents,which I didn't get in every instance, because you should ALWAYS talk to your current coach once you've made the decision to move (okay to hunt around behind her back when you're deciding whether to move, but once the decision is made, common courtesy demands direct contact with the old coach).
One of the difficult things about bad situations like this one is having your convictions run right up against your emotional needs--I needed everyone to flip that place a giant bird and quit en masse. But my coaching philosophy says the most important person in the equation is the kids--their need for stability, adults who put their needs first, and a safe place to learn and have fun.
Apr 30, 2011
The gag rule
UPDATE, November 2014: The gag rule is dead! The Federal Trade Commission got wind of it happening (across many professional associations, not specifically the PSA), and put a stop to it. PSA has changed their guidelines in compliance.
ORIGINAL POST:
Imagine a job where if someone else's client approaches you about switching, because they were unhappy with the current relationship, you are bound by your professional association to report this to your rival.
Imagine you're the client. If you are seen talking to the rival firm, you can yourself be reported for an ethical violation, you risk destroying your current relationship, and the current firm can, in fact is encouraged to, sabotage your ability to hire a new firm. Doesn't matter if the current firm is abusive, incompetent, or unresponsive. If you talk to another firm, even if you leave your issues out of the conversation, you are in violation of the ethical standards of the industry.
Imagine an industry that tacitly encourages its clients to stay in arrears, so that they can prevent the client, legally, from switching to another firm, based on unpaid bills.
Imagine an industry where your firm doesn't offer a product that's available at the rival firm, and that your client needs. The client isn't allowed to seek it, and the firm isn't allowed to advertise it to your client.
Imagine an industry where my client isn't allowed to tell your client how much they like me.
Welcome to figure skating.
The issue is Solicitation, Tampering and Promotion, and it's a big big topic of discussion in coaching circles. Famous coaches have lost their right to attend competitions over it. Skaters have ended careers rather than run up against the rules. Reputations have been destroyed over rumors of violations.
Solicitation is the Big Bad Wolf of the issue-- seeking to acquire a student who already has another coach. Of course, you don't always have control over it, because if the student or parent comes to you and you don't immediately shut down the discussion and report the student to the current coach, and it gets out, you are in career-ending trouble. Tampering is "undermining a coaching relationship" for instance by encouraging, or even by not discouraging your skaters from singing your praises to the skater of another coach or his/her parents. Promotion is just marketing--neutral advertisement of your services, like this website. Just be careful who you market to. Some rinks are so skittish that they don't even allow you to pass out business cards on the premises.
Coming from a performing arts background, I could not wrap my head around this when I learned of it. What do you mean, I can't talk privately to a different teacher if I don't like the current one? And they have to "report" me? It was the most ridiculous thing I'd ever heard.
If you're a serious competitor who needs to be with a different coach, you practically have to quit skating before you can switch. If you're in a small market, the dumped coach can make your life miserable.
If you just suspect that your coach is not what you need, you cannot ask around and find out. Other coaches won't talk to you. Other parents won't talk to you. You literally cannot get the information that you need to make an informed decision. It's patronizing, insulting and paternalistic, assuming that all coaches will try to steal students, and that parents aren't capable of recognizing good vs. bad information from their own or other coaches.
I have run up against this often. Because of the types of students I take (recreational and low level only), and because of the blog, parents do approach me looking for neutral advice. I'd give it, if I was allowed. I recently had to tell a parent, who in fact has an unqualified coach that is holding their skater back, that I could not talk about it.
I call it the gag rule.
So here's a career-ending opinion:
The gag rule is bullshit. If you can't hold onto your students, that's not my problem. If you let bills go unpaid, you're just a bad businessperson and it serves you right if the student leaves without paying you. The gag rule is unfair to the parents, allows incompetent coaches to thrive, and prevents young coaches from establishing themselves. Get rid of it.
ORIGINAL POST:
Imagine a job where if someone else's client approaches you about switching, because they were unhappy with the current relationship, you are bound by your professional association to report this to your rival.
Imagine you're the client. If you are seen talking to the rival firm, you can yourself be reported for an ethical violation, you risk destroying your current relationship, and the current firm can, in fact is encouraged to, sabotage your ability to hire a new firm. Doesn't matter if the current firm is abusive, incompetent, or unresponsive. If you talk to another firm, even if you leave your issues out of the conversation, you are in violation of the ethical standards of the industry.
Imagine an industry that tacitly encourages its clients to stay in arrears, so that they can prevent the client, legally, from switching to another firm, based on unpaid bills.
Imagine an industry where your firm doesn't offer a product that's available at the rival firm, and that your client needs. The client isn't allowed to seek it, and the firm isn't allowed to advertise it to your client.
Imagine an industry where my client isn't allowed to tell your client how much they like me.
Welcome to figure skating.
The issue is Solicitation, Tampering and Promotion, and it's a big big topic of discussion in coaching circles. Famous coaches have lost their right to attend competitions over it. Skaters have ended careers rather than run up against the rules. Reputations have been destroyed over rumors of violations.
Solicitation is the Big Bad Wolf of the issue-- seeking to acquire a student who already has another coach. Of course, you don't always have control over it, because if the student or parent comes to you and you don't immediately shut down the discussion and report the student to the current coach, and it gets out, you are in career-ending trouble. Tampering is "undermining a coaching relationship" for instance by encouraging, or even by not discouraging your skaters from singing your praises to the skater of another coach or his/her parents. Promotion is just marketing--neutral advertisement of your services, like this website. Just be careful who you market to. Some rinks are so skittish that they don't even allow you to pass out business cards on the premises.
Coming from a performing arts background, I could not wrap my head around this when I learned of it. What do you mean, I can't talk privately to a different teacher if I don't like the current one? And they have to "report" me? It was the most ridiculous thing I'd ever heard.
If you're a serious competitor who needs to be with a different coach, you practically have to quit skating before you can switch. If you're in a small market, the dumped coach can make your life miserable.
If you just suspect that your coach is not what you need, you cannot ask around and find out. Other coaches won't talk to you. Other parents won't talk to you. You literally cannot get the information that you need to make an informed decision. It's patronizing, insulting and paternalistic, assuming that all coaches will try to steal students, and that parents aren't capable of recognizing good vs. bad information from their own or other coaches.
I have run up against this often. Because of the types of students I take (recreational and low level only), and because of the blog, parents do approach me looking for neutral advice. I'd give it, if I was allowed. I recently had to tell a parent, who in fact has an unqualified coach that is holding their skater back, that I could not talk about it.
I call it the gag rule.
So here's a career-ending opinion:
The gag rule is bullshit. If you can't hold onto your students, that's not my problem. If you let bills go unpaid, you're just a bad businessperson and it serves you right if the student leaves without paying you. The gag rule is unfair to the parents, allows incompetent coaches to thrive, and prevents young coaches from establishing themselves. Get rid of it.
Jan 3, 2010
I have a great coach! You should talk to her!
I'd love to hear suggestions for titling this post, because I was afraid of the traffic I'd get for "what is s0liciting!" Reader MER asks
• Has the coach asked you to talk him up or tell other parents about him? This coach is violating ethical guidelines, especially if he has not told you to talk only to skaters who have no current coaching relationship. Stop doing it. If you're really brave, tell the coach you think he might be violating PSA ethics.
• Are you trying to convince this parent or skater to switch coaches? This is inappropriate, especially if the parent or skater has not asked for your advice. Ethical guidelines for coaches don't cover parents*, however, it can appear that a coach is encouraging or even training parents to solicit students, especially if there is a pattern of a given coach's parents engaging in these sorts of discussions. This is a very difficult reputation to overcome. There is club ice in town where I will not teach, because I got so sick of parents soliciting my kids away from me.
• Are you just proud of your kid? Then brag about the child and not the coach. This may not endear you to your fellow skating parents, but it's better than appearing to solicit on behalf of the coach.
• Are you just proud of your coach? Watch how you report this. Is it more "it's so great what Coach Xan has done for Katy" or is it more "everyone should work with Coach Xan because she's the only one who gets results." First one okay, second one is skirting the line.
Getting back to MER's question, there is no way you can possibly know that a given coach is a good fit for another skater. The most you can report is that the coach has been great for your child. If a parent asks for your advice, there are some steps you can take:
For recreational and lower level skaters, I wouldn't really get my knickers in a twist over this stuff. Don't say anything you don't want repeated. Don't say anything negative about anyone. Ever. Don't say anything you'll regret.
*For national competitors, parents actually do have to adhere to ethical guidelines, violations of which can impact the skater's standing. But it's better to practice good habits from the get-go.
If I say good things about my coach or suggest he might be a good fit for someone, could that get him in trouble? Otherwise, how can referrals happen? I'm new to this, so I'm still getting a handle on the rules of engagement.This is where you should set rules aside and let your judgment kick in. Ask yourself why you're talking about the coach:
Do I run the risk of getting my coach in trouble by saying (and writing) good things about him?
• Has the coach asked you to talk him up or tell other parents about him? This coach is violating ethical guidelines, especially if he has not told you to talk only to skaters who have no current coaching relationship. Stop doing it. If you're really brave, tell the coach you think he might be violating PSA ethics.
• Are you trying to convince this parent or skater to switch coaches? This is inappropriate, especially if the parent or skater has not asked for your advice. Ethical guidelines for coaches don't cover parents*, however, it can appear that a coach is encouraging or even training parents to solicit students, especially if there is a pattern of a given coach's parents engaging in these sorts of discussions. This is a very difficult reputation to overcome. There is club ice in town where I will not teach, because I got so sick of parents soliciting my kids away from me.
• Are you just proud of your kid? Then brag about the child and not the coach. This may not endear you to your fellow skating parents, but it's better than appearing to solicit on behalf of the coach.
• Are you just proud of your coach? Watch how you report this. Is it more "it's so great what Coach Xan has done for Katy" or is it more "everyone should work with Coach Xan because she's the only one who gets results." First one okay, second one is skirting the line.
Getting back to MER's question, there is no way you can possibly know that a given coach is a good fit for another skater. The most you can report is that the coach has been great for your child. If a parent asks for your advice, there are some steps you can take:
- Give her an honest answer about why you like your coach. Don't say "you should switch."
- Direct her to the US Figure Skating guidelines for parents, especially if the skater is competing in the qualified competitions, where parents can also start to get in trouble for appearing to solicit.*
- Ask your coach, club president, or skating director for the general policies on soliciting at your rink or club, without naming names.
For recreational and lower level skaters, I wouldn't really get my knickers in a twist over this stuff. Don't say anything you don't want repeated. Don't say anything negative about anyone. Ever. Don't say anything you'll regret.
*For national competitors, parents actually do have to adhere to ethical guidelines, violations of which can impact the skater's standing. But it's better to practice good habits from the get-go.
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