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Leadership > EXAM Review > Flashcards

EXAM Review Flashcards

1
Q

What is leadership?

A

A learned ability, influenced by ones personality traits, extroversion, morals, influence, & skills

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2
Q

Leadership through History

A
  • 1900’s based on obedience
  • 1930’s based on personality
  • 1940’s based on persuasion or coercion
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3
Q

Approach

A

General way of thinking about leadership
- not necessarily based on research

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4
Q

Theory

A

A set of hypotheses/principles that provide a predictive framework

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5
Q

Assigned Leadership

A

Individual occupying position of superiority in the group thus they’re the leader

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6
Q

Emergent Leadership

A

Others perceiving, supporting, & accepting individuals as most influential & most respected

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7
Q

Referent Power

A

Followers liking of the leader
- popularity

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8
Q

Expert Power

A

Followers perceive leaders competence

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9
Q

Legitimate Power

A

Having status or formal job authority

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10
Q

Reward Power

A

Ability to provide rewards to others

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11
Q

Coercive Power

A

Ability to punish or penalize others

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12
Q

Information Power

A

Having knowledge that others want or need

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13
Q

Leading vs Managing

A

Managers do things right but leaders do the right thing

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14
Q

Overarching Function

A

Providing order & consistency
- In management

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15
Q

Primary Function

A

Produce change & movement
- in leadership

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16
Q

Trait Leadership Definition

A

“Arises from relatively coherent & integrated patterns of personal characteristics known as leader traits, that reflect range of individual differences & foster consistent leadership effectiveness”

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17
Q

Types of Traits

A

height, intelligence, extroversion, fluency, personality, self-confidence, persistence, determination, outgoing, friendly, dependable, diligent, empathetic

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18
Q

The Big 5 - OCEAN (defines traits)

A

Extraversion - tendency to be sociable, assertive, & positive

Conscientiousness - tendency to be thorough, organized, dependable, & decisive

Openness - tendency to be informed, creative, insightful & curious

Neuroticism - tendency to be depressed, anxious, insecure, & vulnerable

Agreeableness - tendency to be accepting , conforming, trusting, & nurturing

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19
Q

Emotional Intelligence (EQ)

A
  • EQ is the ability to identify & manage own emotions and others emotions too
  • If one has good EQ they can; name emotions, understand emotions impact on brain, understand the meaning of emotions, & can talk self down to calmer state
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20
Q

Process Leadership Definition

A

“leadership is a process whereby an individual influences a group to achieve a common goal”

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21
Q

Process Leadership Skills

A

Technical - knowledge & proficiency regarding specific work or activities including; competencies, analytical ability, & ability to use appropriate tools & techniques

Human - knowledge & ability to work with people such as; ethical decisions & conflict resolution

Conceptual - ability to work with ideas & concepts such as; problem solving & strategic planning

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22
Q

Concern for Production

A

how leader is concerned with achieving tasks such as; policy decisions, workload, & product development

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23
Q

Concern for People

A

how leaders attend to people in the organization such as; building commitment, trust, & provide good working conditions

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24
Q

Transactional Behaviours

A

Exchanges between leaders & their followers such as; you attend class & you get quiz points

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25
Q

Transformational Behaviours

A

When leader engages with others & creates connections that raise levels of motivation & morality in leader

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26
Q

Theory X

A

“people dislike work, need to be controlled & directed, prefer security over responsibility”

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27
Q

Theory Y

A

“people like work, self-motivated, & accept & seek responsibility”

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28
Q

Authoritarian Process

A
  • Theory X
  • Followers need controlling & direction
  • Leader is in charge & sets the goals
  • Communication between followers is discouraged
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29
Q

Democratic Process

A
  • Theory Y
  • Followers capable of working on own
  • Leaders work with followers & goals mutually set
  • Communication encouraged between followers
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30
Q

Laissez-Faire Process

A
  • Neither X or Y perspective
  • Leaders do not try to control, but also don’t provide direction
  • Goals may not be set
  • Essentially “non-leadership”
    ◦ Example: Impoverished Management (bottom left corner of leadership grid
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31
Q

Direct Behaviours

A
  • Help group members accomplish goals by giving directions, establishing goals and methods of evaluation, setting timelines, defining roles, and showing how the goals are to be achieved
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32
Q

Supportive Behaviours

A
  • Help group members feel better about themselves, their coworkers, and the situation
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33
Q

Directing Style (Competence vs Commitment)

A
  • Low competence & High commitment
  • High directive; low supportive
  • eg. Military
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34
Q

Coaching Style (Competence vs Commitment)

A
  • Low competence & Low commitment
  • High directive & High supportive
  • eg. Math teacher
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35
Q

Delegating Style (Competence vs Commitment)

A
  • High Competence & High Commitment
  • Low directive & Low supportive
  • eg. Robotics team
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36
Q

Supporting Style (Competence vs Commitment)

A
  • High competence & Low commitment
  • Low directive; high supportive
  • eg. Tired volunteers
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37
Q

Leader-Member Exchange Theory (LMX)

A
  • highlights the differences that may exist between the leader and each of the followers
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38
Q

2 Types of Followers

A

In-group members - those that are given expanded and negotiated role responsibilities and given more opportunities

Out-group members - those that were limited to defined roles based on the employment contract, did the bare minimum

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39
Q

Servant Leadership Approach

A
  • Leader cares more about group success than own
  • Similar to democratic approach
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40
Q

What is Authentic Leadership Approach & it’s 4 Components?

A
  • Focus is on leaders being genuine in thoughts & actions
  • 4 main components:
    ◦ Self-awareness - know what you stand for
    ◦ Relational transparency - honest and straightforward
    ◦ Balanced Processing - fair and objective
    ◦ Internalized Moral Perspective - does the right thing
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41
Q

Full Range Leadership Model

A
  1. Idealized influence
  2. Inspirational motivation
  3. Intellectual stimulation
  4. Individualized Consideration
  5. Contingent Reward
  6. Management by Exception (active)
  7. Management by Exception
  8. Laissez-Faire
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42
Q

4 parts of the full range leadership model relating to Transactional Leadership

A

5.) Contingent reward: Contracts Exchange of rewards for effort, promises rewards for good preformance, recognizes accomplishments
6.) Management by exception (active): watches and searches for deviations from rules and standards, takes corrective action
7.) Management by Exception (passive): intervenes only if standard are not met
8.) Laissez-Faire: Abdicates responsibilities, avoids making decisions

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43
Q

4 parts of the full range leadership model relating to Transformational Leadership

A

1.) Idealized Influence: Provides vision and sense of mission, installs pride, gains respect and trust
2.) Inspirational motivation: communicates high expectations, uses symbols to focus efforts, expresses important purposes in simple ways
3.) Intellectual Stimulation: promotes intelligence, rationality, and careful problem solving
4.) Individualized Consideration: gives personal attention, treats each member individually, coaches, advises

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44
Q

The Combination Lock (key 1/9 to leadership success)

A

The interaction among your leadership traits, the characteristics of your followers (competence, commitment), and the nature of the situation (emergent vs assigned, type of power)

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45
Q

The Ignition Key (key 2/9 to leadership success)

A

The leader’s vision, including their motives for influencing others

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46
Q

The Golden Key (key 3/9 to leadership success)

A

The importance of ethics, including the character of the leader (integrity)

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47
Q

The Front Door Key (key 4/9 to leadership success)

A

The empowerment of people combined with the leader’s practice of servant leadership

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48
Q

The Vault Key (key 5/9 to leadership success)

A

The leaders mastery of leadership skills
- human, technical, & conceptual skills

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49
Q

The Skeleton Key (key 6/9 to leadership success)

A

*Ability to persuade & understand people

The leaders ability to understand people and persuade them to do things, including being sensitive to their needs, being skilled in listening and speaking

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50
Q

The Multiplication Key (key 7/9 to leadership success)

A

The leaders ability to delegate tasks and tap into the potential of followers

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51
Q

The Master Key (key 8/9 to leadership success)

A
  • Ability to develop & bring out the best in others

The leaders ability to develop others and bring out their best in personal growth and task performance, including the ability to lead people through change and maintain adaptive capacity

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52
Q

The Score Key (key 9/9 to leadership success)

A
  • Ability to achieve results

The leaders ability to achieve results, including the degree of discipline the leader has developed in followers, and the effective use of corrective actions.

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53
Q

What is an Ethical Dilemma?

A

An ethical dilemma forces leaders to choose between two “rights” or “goods”
- eg.) honesty vs loyalty, individual vs group, short-term vs long-term, justice vs mercy

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54
Q

What is Perspective-Taking?

A

Perceiving a situation or problem from the point of view of another person

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55
Q

What are Morals?

A

specific beliefs and behaviours we hold about what is good or bad

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56
Q

What are Values?

A

refer to the objects, concepts, ideas upon which you place great worth

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57
Q

What is Ethics?

A

a systematic approach for making “right” decisions, which are motivated by your values and constrained by your morals (hence: ethical decision making) - refers to the process

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58
Q

What is Deontology?

A

Behaviour based on clear rules of what is right

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59
Q

Absolute Moral Objectivism

A
  • Deontology variation
  • Rules apply to all & apply in all situations
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60
Q

Situational Moral Objectivism

A
  • Deontology Variation
  • Rules can be broken in some situations by some people
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61
Q

Cultural Moral Objectivism

A
  • Deontology Variation
  • Rules vary depending on cultural beliefs
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62
Q

Individual Moral Objectivism

A
  • Deontology Variation
  • Rules vary depending on own beliefs
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63
Q

What is Teleology?

A
  • Behaviour is based on what is a good outcome
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64
Q

Utilitarianism

A
  • Teleology Variation
  • Greatest good for greatest number
  • Outcome best for all
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65
Q

Altruism

A
  • Teleology variation
  • Greater good for others
66
Q

Egoism

A
  • Teleology Variation
  • Greatest good for me
67
Q

What is Principilism?

A

Behaviour is based on following good principles

68
Q

Autonomy

A
  • Principilism Variation
  • Judgement must respect freedom of others to make own informed decisions
69
Q

Beneficience

A
  • Principilism variation
  • Must act in best interest of others
70
Q

Non-Maleficience

A
  • Principilism Variation
  • To cause no harm (more good than harm)
71
Q

Justice

A
  • Principilism variation
  • Decisions should be fair
  • Does not advantage or disadvantage some more than others
72
Q

8 Steps to think about when making Ethical Decisions

A

1.) What’s the dilemma? - identify 2 “rights” in conflict
2.) What’re the choices? - name possible decisions
3.) What’s most right? - don’t think of consequences
4.) What’s most ‘good’? - find all possible outcome
5.) What’s best choice? - choice with best outcome
6.) Am I willing? - can you follow through
7.) Is my choice aligned with guiding principles?
8.) Am I able? - is this actually a possible decision

73
Q

9 Steps to Making Ethical Decisions

A

1) State the ethical problem
2) List the possible choices
3) Deontological evaluation of the choices
4) Telological evaluation of the choices
5)Ethical judgement
6) Moral Intention
7) Principle evaluation
8) Action control
9) Decision

74
Q

What is Conflict?

A
  • A felt struggle between 2 or more interdependent individuals
  • Occurs over perceived incompatible differences in beliefs or values, goals or interests, information or data, or over differences in desires for connectedness or relationship, power or structure.
75
Q

3 Components of Conflict

A

People - each with their own views, feelings, expectations, needs, etc… that will eventually clash

Context - the experiences, personal history, group norms

Events - those things which challenge both the context and the people

76
Q

What are the 5 Types of Conflict?

A

◦ 1) Values Conflict
◦ 2) Relationship Conflict
◦ 3) Data Conflict
◦ 4) Structural Conflict (authority and power)
◦ 5) Interest Conflict (gain or loss)

77
Q

Values Conflict
- what is it?
- example
- when is it identified?
- how is it managed?

A

Perceived differences in beliefs, morals, or important items/ideas
- Eg.) political beliefs, personal goals…
- Identified through flight, fight, & freeze
- Managed by adopting group norms, taking perspective, & labeling the disagreement

78
Q

Relationship Conflicts
- what is it?
- example
-when is it identified?
- how is it managed?

A

Perceived differences in compatibility or likability
- Eg.) agreeableness & conscientiousness
- Identified through avoidance, silence, & tension
- Managed by identifying barriers & developing mutual understanding

79
Q

Data Conflict
- what is it?
- example
- when is it identified?
- how is it managed?

A

Perceived differences in information, facts, or data
- Eg.) data relevance & interpretations
- Identified by people arguing about the data
- Managed by bringing data challenges explicitly into conversation & encouraging use of best data

80
Q

Structural Conflict
- what is it?
- example
- when is it identified?
- how is it managed?

A

Perceived differences in power or ability to make decisions
- Eg.) legitimate, referent, & expert
- Identified by looking for permission, assumption of authority, & behaviour inferring subordinate groups
- Managed by naming the influencing factors & developing strategies

81
Q

Interest Conflict
- what is it?
- example
- when is it identified?
- how is it managed?

A

Perceived differences in benefits & there is an interest at stake
- Eg.) financial, personal, & other
- Identified by zero-sum mentality, people holding a position, & not exploring others interests
- Managed by declaring competing interests & look for a win-win solution

82
Q

5 Steps to Resolving Conflict

A

1) Self Check - requires emotional intelligence
2) 3 C’s Mindset - candid, compassionate, & collaborative
3) Choose a Style - assertive, aggressive, avoidance,competition, collaboration, & compromise
4) Start the Conversation - know facts & stories
5) Resolve the Conflict

83
Q

What is the 3C’s Mindset?

A

Candid - be direct, honest, and clear (don’t try to avoid the subject by hinting at it)

Compassionate - treat others with dignity and respect. Allow for a variety of stressful reactions

Collaborative - work with others

84
Q

Aggressive vs Assertive
- passive aggressive

A

Assertive - to maintain one’s rights without compromising rights of others

Passive - to relinquish one’s rights in deference of others

Aggressive - to demand one’s rights at the expense of others

Passive-Aggresive - to relinquish one’s rights at the expense of others

85
Q

Avoidance

A
  • “customer is always right”
  • used when more important issues are pressing
  • often used by those with low extraversion & low agreeableness
86
Q

Accomodation

A
  • “it would be my pleasure”
  • used when you realize you’re wrong
  • used by those with low extraversion & high agreeableness
87
Q

Competition

A
  • “my way or the high way”
  • When quick & decisive decisions are vital (in emergencies)
  • often used by those with high extroversion & low agreeableness
88
Q

Collaboration

A
  • “2 heads are better than 1”
  • To achieve maximum benefits for all
  • Used by those with high extroversion & high agreeableness
89
Q

Compromise

A
  • “lets make a deal”
  • To achieve temporary settlement of complex issues
  • Used as a backup when collaboration is unsuccessful
90
Q

How do you start a conversation? STATE

A

S - share your facts
T - tell your story
A - ask for perspectives
T - talk tentatively
E - encourage testing

91
Q

What is a small p professional?

A

Someone who, typically because of their high-level of expertise, earns a living doing something - a sport, hobby, pastime, etc

Usually done by individuals who are not paid to do so

In contrast to an amateur

92
Q

What is a big P professional

A

Professionals are a member of a profession & are governed by codes of ethics, and profess commitments to competence, integrity and morality, altruism, and the promotion of the public good within their expert domain. Professionals are accountable to those served and to society.

93
Q

What is a profession?

A

A disciplined group of individuals who adhere to ethical standards. This group positions itself as possessing special knowledge and skills in a widely recognized body of learning derived from research, education, and training at a high level, and is recognized by the public as such.

94
Q

What makes a Professional?

A
  • Legally Regulated
  • Autonomy of Practice
  • Specially Trained
  • Evidence Based Practice
  • Adhere to a Code of Ethics
  • Licensed
  • Serve the Public
95
Q

What is the RHPA?

A

Regulated Health Professions Act, 1991
- Legislation that governs Ontario’s regulated health professions

96
Q

CKO Code of Ethics - REACH

A
  • Respect - members are respectful of differing needs
  • Excellence - members committed to excellence in practice & continue development of skills
  • Autonomy & Well Being - members guided by concern for patients well-being
  • Communication, Collaboration & Advocacy
  • Honesty & Integrity
97
Q

Wilkinson - 2009

A

1.) Adherence to Ethical Principles (e.g. REACH)
2.) Effective Interactions with Patients/Clients (e.g. courtesy, empathy, respect, etc.)
3.) Effective Interactions with Colleagues/Peers (collaboration, patience, boundaries, etc.)
4.) Reliability (accountable, punctual, organized)
5.) Commitment to Continuous Improvement (lifelong learning, reflection)

98
Q

3 Domains of Professional Behaviours

A

1) Professional responsibility, integrity, & accountability
2) Self-improvement & pursuit of excellence
3) Respectful professional relationships & communications

99
Q

What is Kinesiology?

A

The study of human movement and its components in interaction with the environment
- anatomical, physiological, neurological, biochemical, biomechanical, neuromotor, psychological

100
Q

Egerton Ryerson

A

Believed in importance of student exposure to art, drama, physical education…

101
Q

Donald Alexander Smith (Strathcona)

A

Believed in mandatory physical education in schools
◦ Created the Strathcona trust to train teachers in Physical Education

102
Q

Dr. Arthur Stanley Lamb (McGill)

A

Founder of Physical Education programs in university

103
Q

What is Autonomy?

A

Ability to direct ones own life & is vital to an individual’s personal dignity & autonomy

104
Q

Violations of Privacy

A

Involve the unauthorized use of someone else’s private information
- eg) Looking @ records without permission

105
Q

Violation of Confidentiality

A

Disclosure of someone else’s private information when:
- information was voluntarily imparted in confidence and trust
- there was an implicit or explicit promise not to divulge that information without their permission

  • eg) Giving records to someone without authorization
106
Q

Duty of Confidentiality

A
  • Respect for Autonomy
  • Implicit Promise
  • Undermined Trust
  • Consequences to Society
107
Q

Risk of Harm Factors include;

A

◦ Probability of harm
◦ Magnitude of harm
◦ Foreseeability of harm
◦ Preventability of harm
◦ Identifiability of victim (s)

108
Q

Paternalistic Violations of Confidentiality (duty to warn)

A

Rarely justified, especially regarding patients who show capacity to make decisions

109
Q

Confidentiality only violated if…

A
  • Strong likelihood of serious harm
  • Harm most likely be prevented by breaking confidence
  • All alternatives have been exhausted
  • Patient has been given opportunity to make the revelation themselves
  • Patient has been notified of your intention to break confidentiality
110
Q

What is Informed Consent?

A
  • Is consent given by a person that was based upon a clear appreciation and understanding of the facts, implications, and future consequences of an action
111
Q

What is Expressed Consent?

A

Consent given directly in explicit words, either verbally or written, by the patient or substitute decision maker, for a specific purpose

112
Q

What is Implied Consent?

A

Consent inferred from signs, actions, facts, or by indication of silence
- Not the best form of consent as it can be misinterpreted

113
Q

What are the 6 Elements of Consent?

A

• Nature of the treatment (what you’re doing)
• Expected benefits of treatment
• Risks of treatment
• Side-effects of treatment
• Alternative treatments
• Consequences of not having treatment

114
Q

What is Capacity?

A

An individuals ability of giving informed consent
- only capable if they understand the information that is relevant to making a decision & can appreciate the reasonably foreseeable consequences of a decision

115
Q

Individuals cannot be deemed incapable on the basis of…

A
  • A psychiatric or neurological diagnosis
  • Refusal of treatment contrary to advice
  • Requesting an alternate service
  • Age
  • Disability
  • Mere fact an SDM is in place
116
Q

What is an SDM?

A

Substitute Decision Maker

117
Q

SDM Hierarchy in Order of Priority

A

1) Legal Guardian (appointed by court)
2) Personal Attorney (appointed by patient)
3) Spouse/Partner
4) Child
5) Parent
6) Sibling
7) Any Other Relative

118
Q

What is PHIPA?

A

Personal Health Information Protection Act 2004
- Ontario law regulating the management of Personal Health Information (PHI) and the rights of patients
- Deals with collection & disclosure of patients info

119
Q

What is Personal Health Information (PHI)

A
  • Info that identifies a person
  • Patients physical or mental health info
  • Family health history
  • Provision of care details
  • Identification of an SDM
120
Q

What are Health Information Custodians (HIC’s)

A
  • People/organizations involved in the ‘circle of care’
  • People who provide tech support to an HIC
  • Persons who receive PHI from HIC
121
Q

What is the Circle of Care

A

Individuals who directly provide or assist in the care/treatment of a patient at a particular time & need to know the information to provide or help to provide care to the patient

122
Q

Patient Rights

A
  • Be informed of reasons for PHI use & collection
  • Be notified of loss, theft, or unauthorized PHI use
  • Refuse or give consent regarding PHI use
  • Withdraw consent by providing notice
  • Instruct that their PHI not be used without consent
  • Access copy of own PHI
  • Request corrections to own health records
  • Complain to the IPC (info & privacy commissioner)
123
Q

Accuracy & Storage of PHI

A

1) stored under a unique identifier
2) sequential storage
3) date & signature
4) no destruction of PHI
5) timely
6) legible
7) finance & equipment

124
Q

Retention Of Records

Health records must be retained for a minimum of…

A
  • 10 years from last contact if 18+
  • 10 years after patient has turned 18 if under 18 at time of last contact
125
Q

Professional Relationship is based on…

A
  • Power - professional holds inherent position of power
  • Professional Intimacy
  • Respect & Trust - exist by default
126
Q

7 Boundaries to maintain in a Professional Relationship

A

1) Duty of Care
2) Patient Autonomy
3) Confidentiality
4) Professional Intimacy
5) Sexual Abuse
6) Gifts
7) Financial Transactions

127
Q

Boundary Crossings

A

Actions that are outside of standard professional actions but that do not cause direct harm
- Examples;
- accepting hug from patient
- special fee payment options
- accepting low valued, non-personal gift

128
Q

Boundary Violations

A

Actions that may cause direct harm & damage trust
- Examples
- you hug a patient
- treating close friend or family member
- intimate or sexual relations with patient

129
Q

What is Harm?

A

Anything that has a negative effect on the welfare of participants
- Nature of the harm may be social, behavioural, physical, or economic

130
Q

What is Risk?

A

The combination of the magnitude or seriousness of the harm, and the probability that it will occur

131
Q

Risk vs Benefit of Activity

A

• The Benefit of sport and Physical activity is that it is… fun, healthy, & instrinsically & extrinsically rewarding
• The Risk is that it can involve… temporal or permanent physical injury; physical, emotional, & sexual abuse, death (rare)

132
Q

Liability

A

Ones legal responsibility to provide an appropriate balance between risk & benefit
- Responsibility to…
- discover & assess risk
- eliminate risk where possible
- manage risk that can be eliminated
- warn participants about the risks

133
Q

Participant Liability

A

The legal responsibility to manage risk may be extended (shared) to participants, who may be required to…
- demonstrate appropriate physical maturity & risk awareness
- use appropriate safety equipment
- ability to follow rules

134
Q

Statute Law

A

• Legal Code for Canadians
• Examples:
◦ Criminal Code
◦ Rowan’s Law
◦ Health Protection and Promotion Act
• Standard of proof is very high for Statute Law

135
Q

Common Law

A

• A “body of principles” established through precedent, that govern legal issues not fully covered in statutes
• Most commonly deals with negligence - harm (wrongs) done by others unintentionally, for which damages (compensation) can be sought in civil action

136
Q

What is a Plaintiff?

A

The party or person who seeks damages & files the lawsuit

137
Q

What is a Defendant?

A

The party required to defend themselves in a lawsuit
& pay the damages if unsuccessful

138
Q

Defendant is found negligent if…

A
  • The defendant owed the plaintiff a duty of care;
  • The defendant failed to carry out this duty to the appropriate standard (commission, omission);
  • The defendant’s failure to do the above caused the harm to the plaintiff;
  • The harm was foreseeable to the defendant
139
Q

What is Contributory Negligence?

A

When plaintiff may be partially responsible for his own damages & court assigns percentages of responsibility to each party

140
Q

Joint & Several Liability

A

Parties that partially contributed to the harm are each responsible for the full extent of damages
- If one or more parties lacks the means to pay damages, the remaining parties are liable for the full amount. This does not depend on the proportion of fault.

141
Q

Vicarious Liability

A

Superiors usually held liable for their subordinate’s actions
- Examples:
◦ Employers (over employees)
◦ Principles (over Agents)
◦ Parents (over Children)
◦ Supervisor (over Lifeguard)

142
Q

Liability - ways to lower it

A

1) Discover & Asses Risk - identify risks & evaluate the likelihood of occurrence
2) Eliminate Risk Where Possible - remove dangers, use safety devices, & restrict access
3) Manage Risk that can be Eliminated - require safety gear, impose rules, & supervise when able to
4) Warn Participants About Risk - nature of activity, foreseeable risks, & extent of controlling the risk

143
Q

What is Reasonable Care?

A

Prevention of unreasonable risk of harm such as making a space reasonably safe & reducing risk to reasonable limit

144
Q

What is Cautious Care?

A

Responsibility to prevent all risks of harm such as making the space as safe as possible

145
Q

Negligence

A

Defendant is found negligent if any are found true or lacking;
1) duty of care
2) standard of care
3) Causation
4) Forseeability

146
Q

What are Waivers?

A

Waivers are a contract & legal agreement & don’t always have to be written
- An individual is giving up a right in exchange for a benefit

147
Q

What are Contracts?

A

Contracts are legally enforceable agreements between 2+ parties & may be oral or written
- Must have an offer, acceptance, & consideration

148
Q

When is a contract unenforceable?

A

Unenforceable if signed by..
- A minor
- Mentally incapable individual
- Intoxicated

149
Q

What is a Voluntary Assumption of Risk Form?

A
  • Alternative to a waiver for minors
  • An agreement with the parent/guardian that may protect against liability that’s present with inherent risk
  • Not likely to protect against negligence
150
Q

What is Interpersonal Risk of Harm?

A

It results from interactions between participants & program staff & among participants themselves
- Can be managed

151
Q

What is Vicarious Liability

A

Applies whenever there is a significant connection between the creation or enhancement of a risk, and the wrong that accrues therefrom, even if unrelated to the employer’s desires

152
Q

Employees

A
  • perform general duties for regular pay, benefits, tax deductions, etc
  • Subject to employers discretion, supervision & control
  • employers have vicarious liability over for their employees
153
Q

Independent Contractors

A
  • Provide services to an employer at an agreed fee
  • Not subject to employer’s supervision, direction, or control
  • Employers not usually vicariously liable for actions of an independent contractor
154
Q

Volunteers

A
  • Provide services without meaningful compensation
  • Somewhat subject to organization’s discretion, supervision, & control
  • Organizations are vicariously liable for their volunteer’s negligence
155
Q

Interpersonal Risk can be Managed by:

A
  • Duties to screen
  • Police record checks
  • Non-discrimination
  • Duty to train
  • Duty to supervise
  • Prevent sexual abuse
  • Vulnerable persons
  • Prevent harm by participants
156
Q

Physical Risk

A

physical harm & injury, including death, that may occur while participating in the activity

157
Q

Reputational Risk

A

harm to the reputation of the organizers, the affiliated institutions, or the individuals involved

158
Q

Financial Risk

A

economic harm, including loss or theft of money

159
Q

Structural Risk

A

harm to infrastructure, facilities, &/or equipment, including damage, fire, & flood

160
Q

4 Levels of Risk Seriousness

A

1.) Catastrophic - may result in death
2.) Severe Harm - major physical injury, serious interpersonal harm, major property damage, etc.
3.) Minor Harm - minor illness, localized property damage, broken bone, minor financial loss, etc.
4.) Minimal Threat - minimal threat to safety, health, & well-being of organization &/or participants

161
Q

4 Levels of Risk Probability

A

1.) Likely - likely to occur immediately or in a short period of time; expected to occur frequently
2.) Probably - probably will occur with enough time & activity, it is likely to occur over the life of the event at least once
3.) May - may occur in time & probability of occurrence is low & there is approx. an equal chance of it happening vs not
4.) Unlikely - unlikely to occur & probability is very low

Leadership (1 decks)

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