Transcript WASHINGTON SCHOOLS RISK MANAGEMENT POOL …

Tools to Protect Students, Your District, Your Program and Your Career
Raymond A. Roberts
Loss Control Consultant
Washington Schools Risk Management Pool
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OBJECTIVES
 Review Legal and Social Aspects of Athletics
 Overview of Litigation and Claims Process
 Defensive Coaching and Teaching
 Coordination with other Departments
 Equipment and Facilities Exposures.
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Changes in Society
 Population Changes
 Gender Issues in Athletics
 Budget Stresses
 Litigation and Claims in Athletics
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The Five “Time Bombs”
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Equipment & Facilities
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Failure to Act on Medical Emergencies
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Supervision & Instruction
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Failure to Document
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Failure to Report Criminal Sexual Conduct
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Liability, Negligence & Insurance
 Negligence is “The failure to use such care as a
reasonably prudent and careful person would use;
the doing of some act which a person of ordinary
prudence would not have done under similar
circumstances…”
 Liability is established through Intentional or
Negligent acts that damage a third party by
commission or omission.
 No insurance coverage for intentional or criminal
acts!
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Four Elements of Negligence
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Duty Owed
Duty Breached
Proximate Cause
Damages Resulting
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Duties Owed to Student Athletes
 Proper Supervision & Instruction
 Provide Safe Equipment & Facilities
 Warn Participants
 Maintain All Records
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Duties Owed to Student Athletes
(Continued)
 Evaluate Fitness of Participants
 Transport Athletes Safely
 Match Participants
 Foresee Danger
 Provide for Emergency Health Care
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Court Case
Kirk v. Washington State University
Kirk was injured during a cheerleading practice, the squad was
practicing shoulder stands and Kirk fell to the Astroturf. She
landed with her full weight on her left elbow, shattering three
bones in the elbow and injured her ankle. The elbow injury
was permanent.
The jury found the defendants negligent for :
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Failure to provide adequate training
Failure to provide adequate supervision
Failure to provide adequate coaching
Failure to provide safety padding
Failure to provide a warning regarding the hardness of the
surface
 Failure to provide adequate literature on safe methods
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Claims and Litigation Process
 Report all injuries to AD or building administrator
 Designate parent contact person
 Must cooperate with investigation and defense
attorney.
 Depositions
 Witness testimony at trial
 Maintain confidentiality-Loose Lips Sink Ships
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Insurance Coverage
Course and Scope of Duties.
• Volunteers must be under supervision of an
employee.
• The District is covered as an entity.
• Insurance can only apply to negligent acts.
• If your action is determined to be criminal,
willful and / or intentional, you will not be
covered
•
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Duty to Provide Safe Equipment &
Facilities
 The Recreational Land Use Statute
 Discover dangerous conditions and make repairs.
 Document Your Requests for Repairs
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Explain This to a Parent
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Facilities Recommendations
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Regular Documented Inspections.
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Prompt Repair of Hazardous Conditions.
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Keep records.
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Formal Reporting and Repairing Procedures.
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Facilities Recommendations
(continued)
•
Coordination between Athletic Department and
Maintenance Department
•
Post proper signs and warning.
•
Do not give keys to students!
•
Never allow unsupervised use of facilities
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Emergency Medical Assistance….
Do You Have a Plan?
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When in doubt, call 911
Current training in first aid/CPR
AEDs
Adequate first aid supplies.
Report injuries.
Written Medical clearance prior to return.
DO NOT have another student transport
the injured athlete.
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Duty to Supervise
If you can’t see them, you’re not supervising them !
Common Problem Areas:
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Multiple activities at the same time
Multiple skill level
Locker rooms
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Duty to Stop Harassment & Hazing
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School District policies on sexual & hazing.
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Hazing is illegal.
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Take a NO TOLERANCE stance!
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Document your actions!
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SCENARIO I
Supervision
 Junior High wrestling Coach Bob is getting complaints
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from a parent that his son should not have to wrestle with
female wrestlers, even in practice. Since the parent has
repeatedly come in during the practices and yells at his son,
the female wrestlers and the coaches, Bob asks the parent
to stop coming in.
Angry parent comes in anyway. Not wanting to embarrass
the wrestler, Coach Bob walks out of the gym with the
parent, leaving the team with instructions to work on take
downs.
Coach Bob’s Assistant Coach is out ill today.
The wrestlers do as instructed. Unfortunately, the
aggressive 130 pound sophomore convinces a reluctant 240
pound senior to go for a round.
Coach Bob comes back in to find the sophomore
screaming and his leg weird angle.
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SUPERVISION SCENARIO
DISCUSSION QUESTIONS
WHAT SHOULD COACH BOB DO NEXT?
WHAT ARE COACH BOB’S LIABILITY
EXPOSURES?
WHAT ARE THE DISTRICT’S LIABILTY
EXPOSURES?
WHAT STEPS COULD BE TAKEN TO PREVENT
THESE EVENTS?
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Duty To Instruct
• Teach the rules of the game.
• Students must understand and appreciate risk.
• Demonstrate students understand proper
techniques.
• Document training activities by time, place, subject
and method.
• Enforce safety rules-No Exceptions.
• Ensure participants have adequate training and
physical requirements for the sport.
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Duty to Instruct
(Continued)
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Conditioning, nutrition, exercises and drills to prepare the
athlete for the vigor and dangers of the sport.
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Documented Progression of Skills Plan
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Mechanisms of the head and the neck and techniques for
injury prevention.
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Watch for and prohibit playing with injuries.
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Return from injury procedures / Medical Doctor’s Release
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Fitness of Athletes & Insurance
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Court decisions held that coaches have the duty
to acknowledge the athletes’:
Physical Fitness
Medical Condition
Skill Level
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Require evidence of medical insurance.
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Provide “no-fault” catastrophic coverage for
interscholastic athletic activities.
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Match Competitors
 Match player to player and player to activity
 Coaches must never scrimmage against players
 Factors for matching competitors:
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Height and Weight
Age and Maturity
Skill and Experience
Mental State
Injury, Fatigue or Incapacity
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Duty to Reasonably Foresee
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Must reasonably foresee potential danger.
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Control over-aggressive behavior.
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Plan ahead to provide proper equipment and facilities.
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Duty to Warn
• Documented warning to parents and athletes of the
inherent risks unique to each individual sport.
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• Obtain signed acknowledgement from parent and
athlete.
• Warn when there are changes in equipment, rules,
techniques and strategy.
• Document time, place, subject and method.
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Forms
Meetings
Training Plan
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Document, Document, Document
Recommended records to save:
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Health/Physical exams
Parental consent to play
Injury and incident forms
Return-to play/Doctor’s clearance
• Warnings of risk and signed receipt
• Use of alternative transportation
• Facility and equipment inspection/maintenance
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Written practice plans
Eligibility information
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Defensive Recordkeeping
for Injured Athletes
 Communicate with School Nurse regarding
Individual Health Plans
 A minor can file a claim or suit up to age 21.
 Keep all records relating to an athlete who has
suffered a significant injury.
 The district may send injury records to the
insurance carrier for safekeeping.
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Court Case
Hobbs v. Kent School District
During a baseball game, a 15-year old slid head-first
into home plate sustaining a neck fracture, which
resulted in quadriplegia. Plaintiff claimed
defendant negligently failed to provide an ongoing
safety program to teach safe sliding techniques and
to warn of the dangers of head-first sliding.
Settlement for $2 million
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Court Case
Ondras v. Snohomish School District
A 14-year old student suffered quadriplegic injuries
during a football tackling drill.
The tackling drill positioned a tackler and a ball carrier
10 to 12 yards apart, run at full speed, straight ahead at
each other.
The plaintiff who was the carrier, had never been
taught how to carry the ball. Both players were known
by coaches as hard hitters.
All players and the coaches watched in anticipation of
the hit.
Settlement for $6,250,000
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SCENARIO II
INSTRUCTION
 Coach Bob is now coaching football. Ben, a returning
player, has not turned in his physical form or parent
consent form. Bob lets Ben take part in conditioning
sessions. He forgot to follow-up and allowed Ben to
start contact practice.
 Sean, also a returning player, has aggression issues and
is suspected of steroid use.
 The coaches encourage aggressive practices and hard
hits. During practice Sean hits Ben hard with his head
down, leaving Sean unconscious and Ben with probable
head, rib and knee injuries.
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SCENARIO II- INSTRUCTION (continued)
 911 is called and both players are transported to the ER.
 Sean had modified his helmet padding. The coaches did
not have a formal plan for inspection of helmets.
 Ben's father has lost his job and has no insurance.
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Discussion Questions
 IS COACH BOB DOOMED?
 WHAT WENT WRONG?
 WHAT WENT RIGHT?
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Equipment Recommendations
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Document your actions
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Properly fit equipment
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Routine equipment inspection-watch for “customizing
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Install & repair equipment with qualified personnel
only.
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List & post the rules & warnings for equipment use.
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Retain all inspection & maintenance records.
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.
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Equipment Recommendations
(Continued)
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Use District Issued Equipment Only
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No personal equipment unless there is a documented medical need
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Clear warnings and consequences for misuse of and
alteration of equipment.
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Never use illegal and/or improper equipment (e.g.
corked bat).
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Destroy old equipment that is not to be reused (e.g.
football helmets).
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Transportation
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School buses are the safest mode of transportation.
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Vans must have a capacity of ten or under.
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“Parents will be responsible for transportation” in
writing if no district transportation provided.
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Parent signature if athlete released to them rather
than traveling back with team.
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Never transport students alone in your car!
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Failure to Report
 Certified and Classified Employees are Required to
Report Criminal Sexual Conduct to
Administrators.
 Administrators Have 48 Hours to Report to Law
Enforcement
 Failure to Due So is a Separate Criminal Offense!
 See MANDATORY REPORTING REQUIREMENTS
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SUMMARY
 Some injuries are preventable, others are not.
 less time, energy and resources are expended in
prevention.
 If there is a serious incident, you will spend far
more time with insurance adjusters and attorneys,
in depositions and in court.
 Coaches are responsible for the supervision of the
student athletes and the Volunteers.
 Think and act defensively…It’s Your Career!
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Thank You
for Your Participation!
Raymond A. Roberts, ARM, SCLA, CPSI
Washington Schools Risk Management Pool
P.O. Box 88700, Tukwila, WA 98138
Phone:(206) 394-9719 or (206) 459-8198
Email: [email protected]
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