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REC 440 > Final > Flashcards

Final Flashcards

1
Q

Misdemeanor

A

results in fines of incarceration of less than one year

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2
Q

Felony

A

results in sentences of a year or more in state or federal prison

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3
Q

violence in sports: most complaints about intentional injury are addresses in _____ court

A

civil

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4
Q

True of False: Participants have been charges with and convicted for injuring fellow players

A

True

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5
Q

True of False: It is easy to prove criminal intent in sports settings

A

False (always assumed player is not acting w/ criminal intent, but following rules of the sport)

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6
Q

people don’t usually view _____ as criminals - hard to get victim to file ____

A

athletes, charges

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7
Q

First criminal case of a pro-athlete

A

State v. Forbes (Forbes charged w/ aggravated assault w/ dangerous weapon) - jury was split led to mistrial, was not retried

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8
Q

simple assault

A

attempt to cause bodily injury (gf of hockey player kneeing official in the groin - 30 day jail sentence)

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9
Q

Aggravated assault

A

attempt to cause serious bodily injury (father of high schooler shot coach) - 10 yrs in prison

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10
Q

When participants actions cause death of opponent or fellow player (3 interchangeable terms depending on state)

A
  • reckless manslaughter
  • involuntary manslaughter
  • reckless homicide
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11
Q

consent is a defense if

A

conduct and injury are foreseeable hazards of joint participation in the athletic sport

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12
Q

consent as a defense is complex because

A

hard to determine which acts of violence are foreseeable (is it a customary aspect of the game?)

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13
Q

Self Defense: person who is not the aggressor is justified to use _______ amount of force if believed to be in immediate danger

A

reasonable

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14
Q

self defense is difficult to apply in sports settings

A

True, amount of force used is usually higher than what is necessary

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15
Q

retaliation in sports usually happens ______ danger has passed

A

after

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16
Q

Gambling on college and pro sports is crime in all states except _______

A

Nevada

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17
Q

popularity of sports rests on the _____ of the sports contests

A

Integrity

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18
Q

Sports gambling can lead to

A
  • game fixing
  • point shaving
  • bribery
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19
Q

courts finding coaches increasingly accountable for

A

hazing

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20
Q

Hazing and _____ are often linked together in terms of sport misconduct

A

bullying

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21
Q

major diff. between hazing and bullying

A

membership into or affiliation with a team, club or group

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22
Q

criminal assault and battery

A

is a crime, get jail time, be fined, or punished by state

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23
Q

civil assault and battery

A

is an intentional tort, usually receive monetary damages

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24
Q

Assault

A

intentional creation of offensive contact without person’s consent
(no physical contact needed for assault to occur) putting someone in fear of receiving a battery!

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25
Q

apprehension

A

awareness that contact is about to occur

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26
Q

3 Elements of Assault

A
  1. defendant intended to cause harm
  2. plaintiff felt reasonable apprehension of immediate harm
  3. lack of consent by plaintiff
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27
Q

Battery

A

intentional, unpermitted, unprivileged, and offensive touching of one person to another
(does not have to result in injury)

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28
Q

3 elements of battery

A
  1. defendant intended to touch plaintiff
  2. actual touching occurred
  3. lack of consent by plaintiff
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29
Q

defenses for battery

A
  • touching was not intentional

- plaintiff consented

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30
Q

Privilege: special circumstances allow someone to use _____ or ______ without consent

A

force, touch (self defense, acting in defense of 3rd party)

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31
Q

standard of care owed to other participants

A

distinction made between standard of care one participant owes another in contact/ noncontact sports

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32
Q

standard of care in non-contact sports

A

participants have been held liable for negligent acts that injure fellow participants

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33
Q

standard of care owed in contact sports

A

participants held liable for reckless misconduct

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34
Q

reckless misconduct

A

intent on part of defendant to commit act but no intent to harm plaintiff by the act

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35
Q

violence by parents at local sporting events are _____

A

not unusual

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36
Q

____ states have passed legislation protecting officials

A

18

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37
Q

rec manages may be liable for injuries to ____, _______, or other ___ if they don’t provide appropriate security or _______ control

A

officials, players, fans

crowd control

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38
Q

1970 risk management became extensively used as _________________ and litigation related to sport and rec began to rise

A

government immunity began to erode

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39
Q

risk management: plan to control both _____ and ______facing the org

A

programmatic risks, financial risks

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40
Q

Risk management: orgs use ______ policies and practices to reduce exposure to risk

A

operational

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41
Q

loss from rick can be _____ or ______

A

physical or financial

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42
Q

Risk management does not seek to eliminate all risks but to minimize them without changing the activity

A

True

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43
Q

reducing injuries to participants = businesses reducing _____ exposure

A

financial

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44
Q

D.I.M process

A

assists orgs in decreasing chance of litigation

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45
Q

3 elements of DIM process

A
  1. develop risk management plan
  2. implement risk mang plan
  3. manage risk mang plan
46
Q

3 stages of developing risk mang plan

A
  1. identify risks
  2. classify risks
  3. select methods of treatment for risks
47
Q

categories of risk

A
  1. public liability caused by negligence (death, brain damage)
  2. public liability excluding negligence (product liability, sexual harassment)
  3. Business operations (embezzlement, theft)
  4. Property exposures )financial loss due to ownership ex: fire, flood)
48
Q

growing number of lawsuits deal with _______ _____ ____________

A

human resource management

wrongful termination, equal pay disputes, sexual harassment

49
Q

orgs should establish _______ procedure to ensure complete risk assessment occurs

A

systematic

50
Q

tools used to identify risk

A
  • discussions w employees
  • consult w colleagues
  • read current literature
  • consult professionals
51
Q

classification stage: determine the _____ the risk may occur and the _______ of potential loss

A

frequency, severity

52
Q

treatment

A

method to reduce, control, mange or eliminate financial risk and injuries

53
Q

four treatments

A
  1. avoidance of risk
  2. transfer of risk through another party
  3. retention of risk
  4. reduction of risk through efforts to reduce hazards
54
Q

standard of practice

A
  • developed by professional orgs
  • referred to as guide lines, recommendations
  • published to provide benchmarks of desirable practices for managers
  • standards can be used in court to determine duty
55
Q

standard of practice can serve as a shield to minimize _________ for the agency that adheres to them

A

liability (difficult to prove breach of duty if standards are followed)

56
Q

True of false: standards of practice can increase liability if not adhered to

A

True

57
Q

Standards of practice vs. guidelines

A
  • standards: requirements that represent standard of care (“must” statements)
  • guidelines: recommendations not intended to be standards of practice or give rise to legal duties (“should” statements)
58
Q

Standards of practice reflect all laws associated with acticity

A

False

59
Q

standards of practice and risk management

A

applicable standards must be added to risk mang plan

60
Q

Standard of practice risk management application

A
  1. identify and select standards
  2. develop risk mang strategies
  3. implement risk mang plan
  4. evaluate plan
61
Q

A good risk management plan:

A

analyzes all potential risks than an org faces and selects optimal method to treat each

62
Q

How do we treat risks?

A
  1. avoidance
  2. reduction
  3. retention
  4. transer
63
Q

Layers of protection

A

when risk cannot be completely eliminated, several strategies used to treat risk: waiver, insurance, inspections, training

64
Q

Risk Mang Plan includes

A 
Organization description
Personnel
Conduct of Activities
General Supervisory Practices
Facilities
Crisis Management and Emergency Response Plans
Insurance Coverage
65
Q

crisis management paln

A

addresses major crisis and assists staff in how to respond properly, quickly, and calmly

66
Q

T or F: many orgs don’t have a crisis management plan

A

True

67
Q

crisis

A

a sudden situation that threatens an orgs ability to survive: and emergency, disaster

usually unforseen

68
Q

2 catagories of crisis

A
  1. avoidable (preventable)
    - product failure, severe injury/death, criminal conduct
  2. unavoidable (unpreventable)
    - natural disaster, bomb threat, hazardous material incident
69
Q

goal of crisis management

A
  1. public safety
  2. prevent crisis from damaging the orgs:
    - ability to achieve goals
    - reputation
    - finances
70
Q

developing crisis mang plan

A
  1. formulate planning committee
  2. identify significant possible risks/crisis (avoidable/unavoidable)
  3. develop action plan(done for EACH risk, identify resources needed ex: Red Cross, Hospital)
  4. personnel issues (who does what)
  5. facility issues (exits, gas,water, where to meet EMS)
  6. Communication (immediate notification of authorities & key constituents ex: parents)
  7. documentation
  8. follow-up (families, employees)
71
Q

crisis management News Media

A

have trained spokesperson deal with media, staff should NOT speak regarding incident

72
Q

Developing crisis mang manual

A
  1. Forming a Crisis Response Team
  2. Practicing the Plan
  3. Surviving a Crisis
  4. Activating the Plan
  5. Proper Crisis Communication
  6. Dealing with the News Media
  7. Guidelines for the Media Contact Person
  8. Debrief Employees/Others Affected
  9. Evaluate the Response
73
Q

crowd

A

group of ppl who gather to involve themselves in some events

74
Q

crowd management

A

facility managers have a duty to their patrons to keep them from unreasonable risk of harm

75
Q

crowd management plan should be included as part of ___________ plan

A

risk management

76
Q

why is crowd management important?

A
  • can incur liability

- must be foreseeable risk

77
Q

crowd management started with concert management

A

True

78
Q

outsourcing

A

contracting outside agencies to provide a service

79
Q

crowd management: due to high salaries this is no longer standard

A

uniformed or off-duty law enforcement

80
Q

since 911 many large events are classified as __________ ________ security events

A

national special (insurance for these events are expensive)

81
Q

crowd management: to limit liability- all staff should attend ______ program

A

orientation

82
Q

Only select group members should have a say in the communication plan

A

False

83
Q

directional signage

A

provide patrons w directions to important locations (exits, parking, bathrooms)

84
Q

informational signage

A

inform public (prohibitive items, rules)

85
Q

__________ must be provided in a safe manner regardless of the _____ of travel

A

transportation, mode

86
Q

duty begins at point of ______ and continues until participants have been returned to ________ departure point

A

departure, original

87
Q

Transportation: factors that impact standard of car

A
  • age
  • knowledge
  • judgement
  • experience
88
Q

4 ways to provide transportation

A
  1. independent contractors
  2. org-owned vehicle
  3. employee vehicle
  4. non-employee vehicle
89
Q

least liability exists with us of ______________

A

independent contractor

90
Q

greatest liability with use of _______ vehicles

A

private

91
Q

2 types of independent contractors

A

common carrier

private carrier

92
Q

common carrier

A

in the business of transporting foods or persons for hire

93
Q

private carrier

A

only hires out to deliver goods or persons in particular cases

94
Q

agencies can be held liable if the org is negligent in its selection of a contractor

A

True

95
Q

When selecting an independent contractor

A
  • verify liability insurance = certificate of insurance
  • proof of insurance on each vehicle
  • age of equipment, company safety record
96
Q

most common way of transporting participants

A

org owed vehicle

97
Q

both driver and org can be held liable for negligence of the driver

A

True

98
Q

drivers and org are liable if actions of driver are within ____________________

A

scope of employment

99
Q

ultra vires act

A

act outside scope of employment

100
Q

Schools: right to use a vehicle owned by a school to transport students to activities other than classes is controlled by

A

state law

101
Q

privately owned vehicles may be employees or non

A

True (parents, volunteers)

102
Q

utilizing non-employee vehicles does not increase risk of liability for the org

A

False

103
Q

employee/non: org is liable for negligence of driver

A

True

104
Q

what 4 areas should a manager examine to identify exposure to loss

A
  • policies
  • procedures
  • observe employees
  • observe programs
105
Q

Avoidance

A
  • should not be first option
  • activity included in content of program
  • risks carrying critical loss w/ medium to high frequency should be avoided!
106
Q

Transfer

A

shifting liability from service provider to another party
used when:
-risk is not too substantial that it needs to be avoided
-risk is too great for org to handle on own
(insurance, waivers)

107
Q

Retention

A

org keeps risk and assumes financial responsibility for physical/financial losses
(preferred for minor risks)

108
Q

Reduction

A
  • proactive approach

- risk minimized through proper maintenance, emergency procedures, training

109
Q

4 tools to reduce risk

A
  1. design regular inspection program for facility
  2. maintenance program
  3. training
  4. system for filing documents
110
Q

risk managers must be

A

-highly motivated
-committed to rsk mang
- motivate others to believe in plan
(needs upper management support, employees should be encouraged to provide continual input)

REC 440 (2 decks)

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