Legal Quadrivium XXII The Keys to Better Risk Management: Document Legal Quadrivium XXII The Keys to Better Risk Management: Document! Document! Document! Neil Dougherty, Professor Department of Exercise Science and Sport Studies Rutgers University New Brunswick, NJ

Risk Management Myth Avoid written policies and procedures. Too often they are used against you in court. 2

Risk Management Myth Written planning may be important for the rookies, but those of us with more experience can better use our time in other ways. 3

The Process of Discovery 4

The Process of Discovery Requests for Admissions 5

The Process of Discovery Requests for Admissions Interrogatories 6

The Process of Discovery Requests for Admissions Interrogatories Depositions 7

The Process of Discovery Requests for Admissions Interrogatories Depositions Demand for Production 8

Demand for Production Incident Reports 9

Initial Incident Report Data Name(s) of affected persons. Date time and nature of incident/injury. Description of incident Exact location nature and description of the incident. Sequence of activities or events preceding the incident. Any additional pertinent facts or utterances.

Initial Incident Report Data Actions of staff Who did what? First aid/emergency treatment rendered? Witnesses Names and contact information Append written statements if appropriate Follow-up

Demand for Production Incident Reports Participation Agreements/Waivers 12

Demand for Production Incident Reports Participation Agreements/Waivers Lesson Plans/Curriculum Guides 13

Demand for Production Incident Reports Participation Agreements/Waivers Lesson Plans/Curriculum Guides Attendance Records 14

Demand for Production Incident Reports Participation Agreements/Waivers Lesson Plans/Curriculum Guides Attendance Records Testing/Screening Results 15

Demand for Production Policies and Procedures 16

Common Policy Topics Staffing policies Personnel needs Job requirements Duties Use of volunteers In-service training Evaluation Return to activity after injury or illness 17

Common Policy Topics Facility safety inspection policies When and by whom What will be inspected Documentation Reporting Remediation Follow-up Postponement/cancellation policies What will cause postponement/cancellation Decision making authority Timelines Notification of all concerned 18

Demand for Production Policies and Procedures Maintenance Records 19

Demand for Production Policies and Procedures Maintenance Records Posted Warnings/rules etc. 20

Demand for Production Policies and Procedures Maintenance Records Posted Warnings/rules etc. Emergency Action Plans 21

Emergency Plan Topics Fire Injury, life threatening Injury, non-life threatening Injury, with blood AED Intoxicated person Fight Demonstration/Disruption

Emergency Plan Topics Fatality Power loss Security breach Structural problem Suspicious person Client confrontation Lightning/inclement weather Bomb threat