RCLS 400 Legal Foundations and Risk Management

Transcription

1 RCLS 400 Legal Foundations and Risk Management Professor: Dr. Paul Green Office: Room 235 Phone: Course Description: This course presents the major considerations necessary to comply with legal safeguards in the recreation and leisure service profession. Text: Hronek, B. & Spengler, J. Fourth edition Legal liability in Recreation and Sports, Sagamore Publishing. Champaign, IL. Course Goals and Objectives: The primary goal of this course is to assist students to become familiar with a body of legal knowledge that will help them reduce liability exposure and manage the risks that are a part of the recreation profession. By the end of this course you should: Be aware of the litigation process and the structure of the court system. Understand legal terminology. Understand the concept of legal liability Understand the elements of negligence. Understand the concept of standard of care. Be aware of the discovery process including motions, interrogatories, depositions, and case scheduling order, dead lines and more. Understand the differences between litigation, arbitration, and mediation. Understand the differences between unintentional torts and intentional torts and product liability torts. Understand the primary defenses to use on a claim of negligence lawsuit in order to build a sustainable defense. Be familiar with the secondary defenses to a claim of negligence lawsuit. Understand the Recreational Immunity Statute and the requirements that must be met for it to apply as a defense. Understand how to give your testimony in a deposition and in a trial. Be familiar the nature of your duty to invitees, licensee, trespassers, and the five parts of the attractive nuisance doctrine Understand sports and recreation supervision and safety instruction. Understand the legal liability implications and risk management issues in the operation of sport facilities. Understand the legal aspects of creating contracts for rental, lease or use of a facility or operation for recreation or sporting events. Be aware of the role of an expert witness in the legal process. Understand the liability issues related to the supervision and risk management of aquatics facilities and outdoor aquatics sites. Understand the liability issues related to the supervision and risk management of adventure activities and high risk recreation activities. Have an understanding of the definition, principles, concepts and decisions of risk management.

2 Be able to develop a risk management plan for the health and safety of your participants and staff. Understand legal concepts including property rights and the process of eminent domain. Develop a general knowledge of intentional torts including assault, battery, false imprisonment, trespassing and invasion of privacy Be able to give your informed opinion on a variety of liability case studies Assignment Percent Points Class Participation 5% 50 pts Attendance 10% 100 pts. Quizz 5% 50 pts Risk Management Plan 10% 100 pts. Legal Case Critique 10% 100 pts. First Test 30% 300 pts. Second Test 30% 300 pts total pts Grades will be assigned according to the established university standards: 95% % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % 1.1 Assignments and Exams: Late assignments are not accepted for a grade. Tests must be taken on the day scheduled or have prior approval of Professor Green. Participation: (100 points) This course requires you to participate in the class. Participation includes asking questions or giving your opinion on legal terms, the textbook, case studies or legal issues. Grading Matrix on Participation: You must speak up in class to receive points in participation. Participation includes asking questions or your opinion on legal terms, the textbook, case studies or legal issues. Attendance: (100 points) Your attendance is required. If you do miss class, it is your responsibility to contact other students to get the notes. You are allowed three (3) free absences for conferences, workshops, job interviews, illness, medical appointments, advising meetings, car problems, sleeping in, court date, participation in sporting events, etc. After the three free absences, you will lose 30 points per absence. You need to be in the classroom (no free days) for test days, when the course assignments and when other students are presenting their research If you miss more that six (6) class days (including the three free days) you will receive a 0.0 grade for the course.

3 Grading Matrix on Attendance: You are allowed three (3) free absences. After the three free absences, you will lose 30 points per absence. If you miss more that six (6) class days (including the three free days) you will receive a 0.0 grade for the course. In addition, you will lose 30 points per absence on those days when the assignments are due or when students are presenting their research.. Cell phone use: Put your phones away and off your desk. No texting no games no checking it. Please turn off the ringer and put your cell phone in your pack, purse or pocket. Grading Matrix on phones: If you chose to use, text or play with your phone or have your phone on top of your desk during class, 50 points will be taken off your final grade for this course. Professor Green will try to notify you by when you have lost 150 points. Tunes: Turn off the music, take off the headphones and put them away during class. Computers: No computer use in class unless it is essential for you to take notes. See Professor Green Grading Matrix on Computers: If you chose to use your computer or have it on top of your desk during class, 50 points will be taken off your final grade for this course. Professor Green will try to notify you by when you have lost 150 points. Assigned seating: Sit anywhere in the classroom, except the last 2 rows of seats. The last 2 rows are reserved for late students, observers and visitors. The seat you choose on Thursday January 8 is your assigned seat for the remainder of the quarter. A seating chart will be used to document your participation in class as well as attendance. Snow days. In the event of a winter storm event, call the EWU snow line at 359-SNOW Legal days. There are days that Professor Green receives a Subpoena to testify at a trial or have his deposition taken in a legal case. I will notify you in advance in class, on Canvas or by the class . Habitually late students: Occasionally you will be running late and that is not a problem. It is a problem if you are frequently late. Habitually late students disrupt the class. If you start to show a pattern of being frequently late, then 5 points will be deducted from your final grade. If the problem persists, you will receive a 0.0 for the class. Grading Matrix: If you are frequently late, then 5 points will be deducted from your final grade. In addition, late students will be frequently called upon to give legal opinions or assist Professor Green in class demonstrations. If the problem persists you will receive a 0.0 for the class. Writing Policies: Assignments are required to meet the following criteria: Meet APA Publication Manuscript style for references and citing. Have a font no smaller or bigger than 12-point, on quality paper One side of the paper only Be completed on a computer, no handwritten assignments. Be double-spaced and in the appropriate format. Have a cover sheet listing the following: Student s name, course name, number of course and date Title of assignment Stapled with no folders, binders or covers

4 Weekly Schedule Week 1: January 5 Introduction to the course and assignments Review the legal system, liability and unintentional torts Legal terms Read: Introduction and Chapters 1, 2, 3 and 4 review the legal liability chart on page 8 Week 2: January 12 Legal system and terms continued. The nature of duty Week 3: January 19 Monday No Class: Martin Luther King Day Defenses to a Negligence Lawsuit Developing a sustainable defense Wavier of Liability vs. Agreement to Participate Read: Chapter 5 Week 4: January 26 Your legal abstract assignment is due You will present your legal case study in class today Week 5: February 2 Risk Management Developing a risk management plan Risk management in recreation A review of unintentional torts including assault, battery, false imprisonment, trespassing and invasion of privacy Read: Chapter 6 and 7-12, 13 and 14 Week 6: February 9 Playground safety Contracts and creating contracts for rental, lease or use of a facility for recreation or sports events Read: Chapters 21, 26 and 27 Thursday February 12 Legal test #1 I have the Scantron forms - Bring a # 2 pencil Week 7: February 16 Monday No Class: President s Day Holiday Sport and Recreation Supervision and Instruction Sports Facilities Risk Management - Emergency Management Read: Chapter 24 and 26

5 Week 8: February 23 Pools and Aquatics sites Read: Chapter 21, 22 and 28 Week 9: March 2 - Your Risk Management plan assignment are due. You will present Your Risk Management Plan to the class Week 10: March 9: Understanding Insurance and Insurance coverage Sexual harassment and the work environment The legislative process and the impact of policy formation. Read: Chapter 11, Thursday March 12 Test #2 I have the Scantron forms Bring a #2 pencil to class Week 11: March 16: return test #2 EQUAL OPPORTUNITY: No person shall, on the basis of age, race, religion, color, gender, sexual orientation, gender identity, national origin or disability, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity of Eastern Washington University. AFFIRMATIVE ACTION: Eastern Washington University adheres to affirmative action policies to promote diversity and equal opportunity for all faculty and students. ADA: Eastern Washington University is committed to providing support for students with disabilities. If you are a student with physical, learning, emotional, or psychological disabilities needing an accommodation, you are encouraged to stop by Disability Support Services in TAW 124 and speak with Kevin Hills, or call ACADEMIC INTEGRITY: Any question of Academic Integrity will be handled as stated in the EWU Academic Integrity Policy on the EWU web site. Violations will result in a final course grade of 0.0. VETERNS: Eastern Washington University is committed to providing support for all veterans. The Veterans Resource Center is located in 122 Showwatter Hall. Call SMOKING AND THE USE OF TABACCO: Smoking, vaporizing or the use of chewing or smokeless tobacco is not allowed within 25 feet of the building. No weed is allowed on campus. Legal Case Critique Write a critique of a US civil lawsuit in your area of the recreation profession. The defendant in the lawsuit must be a professional in your field of the recreation. Therapeutic Recreation cases include special populations or individuals with special needs. Recreation Management cases include resorts, ski areas, golf courses, public pools, parks departments, university intramurals and others. Outdoor Recreation cases includes rafting, climbing, kayaking, backcountry skiing, youth camps, SCUBA and others.

6 If you have questions on your legal case bring it to class for Professor Green to review. Your lawsuit should be a landmark case or one that has an effect on your profession. You will lecture a summary of the legal facts in your case to the class, Your critique of the lawsuit must include all of the following six (6) components: (1.) Title: The case is usually written as Someone vs. Someone. It can be the individual verses an individual, organization, group or corporation. (2.) Who are the authors of this legal case review? (3.) List the source: title, date and pages of the journal. (4.) Brief overview the details of the lawsuit: Date of the action What happened What damages were sustained What is the plaintiff s claim of negligence What is the defense s response to the claim of negligence What are the actual facts in this case What motions made by plaintiff or defense prior to trial or settlement What is the verdict, award or settlement in the lawsuit (5.) Give your best legal opinion on the lawsuit and the outcome. (6.) List four (4) legal facts that you have learned from your case. The assignment will be graded on: 1. How well you address all six (6) components of this assignment in your written paper and in your class presentation. 2. The extent to which you demonstrate an adequate working knowledge of legal terms and procedures involved in this legal case. 3. The document is typed and well organized, not to exceed four pages including the cover page. Grammar and spelling are correct. Grading Matrix on your Legal Case Critique : The assignment will be graded on: (1.) Title: The case is usually written as Someone vs. Someone. It can be the individual verses an individual, organization, group or corporation. 3 points (2.) Who are the authors of this legal case review? 3 points (3.) List the source: title, date and pages of the journal. 3 points (4.) Brief overview the details of the lawsuit: 60 points Date of the action What happened What damages were sustained What is the plaintiff s claim of negligence What is the defense s response to the claim of negligence What are the actual facts in this case

7 What motions made by plaintiff or defense prior to trial or settlement What is the verdict, award or settlement in the lawsuit (5.) Give your legal opinion on the lawsuit and the outcome. 10 points (6.) List in sentence form, four (4) legal facts that you have learned from your case. 12 points 2. The extent to which you demonstrate an adequate working knowledge of legal terms and procedures involved in this legal case. 5 points 3. The document is typed and well organized, not to exceed four pages including the cover page. Grammar and spelling are correct. 5 points Special Notes: 1. The legal case must be completed. Do not select a legal case that is still active, pending or was returned back to a lower court. Do not select a case that is under appeal. 2. Do not select a legal case that has been dismissed by a summary judgment motion. 3. This is an individual assignment and not a collaborative project. 4. Do not select a legal case involving high school sports, college athletics, semi pro or professional sports, MMA or boxing. Please no class action or federal lawsuits. Avoid legal cases with prisoners, jail or prisons unless it is about a recreation issue. Risk Management Plan Develop a detailed risk management plan for a full-day recreation program. Create a well -researched risk management plan that assures the health and safety of participants and staff. The risk management plan must be in your area of the recreation profession (outdoor recreation, recreation management or therapeutic recreation). You must do original work on your risk management plan. Do not copy any existing plan. For the purpose of this assignment, assume that all participants will meet you in your recreation program s parking lot at 8:00 AM. The program should conclude at 5:00 PM back at your parking lot. You will take on the role as the leader of this recreation program. You are the leader responsible for the education and safety of your group. You will provide transportation. You cannot use this assignment to take your participants to a zoo, waterpark, ski area or any type of sporting event. Your risk management plan must include the following elements: 1. An introduction to and overview of the program or activity. What is the purpose of this program or activity? What are the desired outcomes of this activity? How do clients stand to gain from participation? What are the specific benefits to your organization? Describe the legal paperwork that is needed for this activity - Wavier of Liability? - Agreement to Participate?

8 2. Define the activity: - Parent s permission slip? - Medical release for emergency care? What are you doing? (Field trip to horseback riding, day hiking, swimming, etc.) Where are you going? (Site description) Attach a map of the area if appropriate What is the season of the year? What are the expected weather considerations for your group in this activity What are the instruction, certification, and/or training standards and considerations for this activity? Example: Would you lead a water-based adventure activity without having first-aid and some type of water safety training? What is the preferred client to instructor ratio for this activity? What are the time requirements for this activity? (Including transportation) Describe the general flow of activities and instruction from the start to finish 3. Identify the target audience: 1. Age considerations 2. Physical or emotional considerations (can this activity accommodate those with special needs?) 3. Gender considerations (if any) 4. Preferred experience to participate in your program 5. Preferred qualifications to participate in your program 4. Identify the logistical requirements and emergency action plan: Transportation - Number of people - Time and distance traveled, - Vehicles required, - Drivers and certifications Equipment and clothing needs; be specific. Equipment: If you are leading a rocking climbing activity be sure to include the basics, i.e., rope, climbing hardware, harnesses, helmets, anchors, belay devices, etc. Clothing: rock-climbing shoes, loose fitting rugged clothing, rain jacket, etc Food and water requirements Emergency Action Plan (EAP) Emergency equipment: first aid kit, meds, etc Phone number of the nearest hospital or medical clinic with an emergency room Phone numbers of emergency services other than 911: including the local police, sheriff, search and rescue, etc. Special rescue gear carried on this field trip; rescue throw bags, etc

9 List the procedures you will follow in the event of a injured participant List procedures you will follow in the event of a missing participant 5. Identify all of the potential risks of this activity What are the inherent risks that the average person would recognize? What are the risks that a recreational professional would recognize? Are there any unusually or hidden risks that participants must be warned about. 6. Give the specific details on how you are going to minimize the risks to your participants and staff. The risk management assignment will be graded on: 1. How well you addresses all six (6) components of the risk management plan. The idea is to create a real plan with accurate information. 2. The document is typed, well organized, neat, and easy to read. 3. Grammar and spelling are correct 4. APA citation style is used for all referenced materials (which you will use in order to reference industry standards for instruction, standard of care issues, certifications, etc. Grading Matrix on your Risk Management Plan: The risk management assignment will be graded on: 1. How well you addresses all six (6) components of the risk management plan. 14 points each. 2. The document is typed, well organized, neat, and easy to read. 5 points 3. Grammar and spelling are correct 5 points 4. APA citation style is used for all referenced materials (which you will use in order to reference industry standards for instruction, standard of care issues, certifications, etc. 5 points