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. Avoid written policies and procedures. Too often they are used against you in court.

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

The Process of Discovery

Requests for Admissions Requests for Admissions

The Process of Discovery Requests for Admissions Requests for Admissions Interrogatories Interrogatories

The Process of Discovery Requests for Admissions Requests for Admissions Interrogatories Interrogatories Depositions Depositions

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

Demand for Production Incident Reports Incident Reports

Initial Incident Report Data Name(s) of affected persons. Name(s) of affected persons. Date time and nature of incident/injury. Date time and nature of incident/injury. Description of incident 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 Actions of staff –Who did what? –First aid/emergency treatment rendered? Witnesses Witnesses –Names and contact information –Append written statements if appropriate Follow-up Follow-up

Demand for Production Incident Reports Incident Reports Participation Agreements/Waivers Participation Agreements/Waivers

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

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

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

Demand for Production Policies and Procedures Policies and Procedures

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

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

Demand for Production Policies and Procedures Policies and Procedures Maintenance Records Maintenance Records

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

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

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

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