Risk Management

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Risk Management Sports Law

• Janis K. Doleschal, LLM, CAA
• Sports Law Consultant
• Pierski, Mann Gray, LLP

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What is Risk Management?

• Asking What if?
• Taking proactive steps to prevent injuries or
  challenges to a program before they occur
• Taking steps to mitigate a crisis situation when
  it occurs
• WILL NOT PREVENT LAWSUITS!
• Will aid in professionally defending your client
  if they have taken steps to manage the risks
  inherent in their particular situation

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14 Duties of Care

• Duty to plan.
• Duty to supervise.
• Duty to assess athlete readiness for practice and
  competition.
• Duty to maintain safe playing conditions.
• Duty to provide proper equipment.
• Duty to instruct properly.
• Duty to match athletes.

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14 Duties of Care (cont.)

• Duty to provide proper physical conditioning.
• Duty to warn.
• Duty to ensure that athletes are covered by
  medical insurance.
• Duty to provide emergency care.
• Duty to develop an emergency response plan.
• Duty to provide safe transportation.
• Duty to select, train and supervise coaches.

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Start Playing Safe Project

• Conducts risk assessments of high school athletic
  programs in the following areas
• 1. Review of coaches
• 2. Legislation legal areas
• 3. Registration Process
• 4. Security
• 5. Transportation
• 6. Facilities
• 7. Sports
• 8. All written materials

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Review of Coaches

• Job Requirements
• Hiring Process
• Interview Process
• Evaluation Process
• Release Process

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Coaches - Questions

• Is a first aid kit available at all times?
• Do coaches present a positive image of their
  sport and the school to the media?
• Is the school filing the appropriate form with
  the WIAA to hire or appoint a volunteer or paid
  non-teacher coach?
• Do coaches attend clinics periodically to add to
  their knowledge?

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Facilities - Questions

• Do the bleachers expand and close properly? (Gym)
• Is the wall is padded under each of the main
  baskets? (Gym)
• Are the lockers visible from the athletic office?
  (Locker room)
• Is there no more than a four inch gap between the
  seats and the foot area of the bleachers?
  (Stadium)

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Sports - Questions

• Are all glass backboards properly padded around
  the edges? (BSK)
• Do you ensure that all helmets are checked for
  proper fit? (FB)
• Are the fields free of debris and holes? (SOC)

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Results

• Provide the list of questions with their answers
  marked as yes or no.
• Provide graphs for every area checked and summary
  graphs for each section, i.e., Sports Section
  would have a summary graph for all sports checked
  and an individual graph for each sport.

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Below each chart

• Answers to Each Question
• YES 4, 9, 15-18, 21
• NO 1-3, 5-7, 10-14, 19-20
• Concerns Regarding No Answers
• 1. All staff will not be properly prepared when
  an emergency situation arises.
• 2. Staff may not be able to quickly contact
  proper authorities in case of an emergency,
  wasting valuable time.
• 3. Staff will not be able to quickly contact
  proper authorities in case of a bomb threat.

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Building Security Questions

• Are emergency procedures in writing and have they
  been practiced by all staff?
• Are emergency and supervisors phone numbers
  posted by the phone?
• Are bomb threat procedures posted near the phone?

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• Recommendations Regarding No Answers
• 1. Emergency procedures should be in writing
  and practiced by all staff.
• 2. Post all emergency phone numbers near all
  telephones.
• 3. Post bomb threat procedures near all
  telephones.

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After the Assessment

• Conference with the school AD the Principal
• Point out major areas of concern
• Biggest area of concern is always written
  materials
• A. Dont address all of the areas
  of information that parents and athletes
  need
• B. Available in more than one document and
  contradictions occur
• Offer to conduct a three hour risk management
  training for coaches

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Risk Management

• Asks What if?
• Is proactive.
• Helps manage the risks of an athletic program.
• Helps mitigate the circumstances when crises
  occur.
• DOES NOT PREVENT LAWSUITS!
• Will aid in defending a client because of the
  professional, proactive approach that was used by
  the school to administer the athletic program.