1. Physical Education and the Law
Chapter 3

2. Legal Liability
A legal responsibility that can be enforced by a court of law in a civil action

3. Increase in Number of Lawsuits
Increased emphasis on lifetime sports
People more attuned to their individual rights
Increased accessibility of legal services
Awareness that schools and most individuals are insured
Increased valuing of individual rights

4. Plaintiff
Person or group initiating the action against another party

5. Defendant
Person or group against whom the action is brought

6. Tort Civil or legal wrong
Results in injury to another person or that person’s reputation or property
Omission - failure to perform a legal duty
Commission-an intentional act

7. Various Types of Intentional Torts
Negligence - failure to act as a reasonably prudent person would act
Assault - threat to inflict harm on someone
Battery - unlawful use of physical force
Defamation - malicious intent to injure a person’s reputation
slander - spoken work
libel - written word

8. Causes of Negligence Nonfeasance - failure to do what is required
Misfeasance - doing something incorrectly
Malfeasance - doing something illegal

9. Questions Asked in Negligence Cases
Duty -- Did one person owe a duty to another?
Breach -- Did that person fail to exercise that duty?
Harm -- Was a person actually injured?
Cause -- Was the failure to exercise due care the direct or proximate cause of the injury?

10. Cause
Foreseeability -- when a teacher could have anticipated, but failed to eliminate, a potential danger.
Proximate cause -- the teacher’s actions were the direct cause of the injury.

11. Defenses against Negligence
Governmental immunity
Contributory negligence
Comparative negligence
Assumption of risk
Act of God
Legal precedents

12. Governmental Immunity
Based on English common law premise that the “King can do no wrong” and therefore is immune from suit
Most states have lost their immunity through legislative or court action
Individual administrators, teachers, or other employees of the schools have never been immune from tort liability

13. Contributory Negligence
Injured person directly contributes to the injury
No damages allowed in these cases

14. Comparative Negligence
Both the injured person and the defendant are jointly responsible for the accident
Court determines percentage of responsibility held by each person
If award is determined, defendants required to pay the percentage for which they are held responsible
Has replaced contributory negligence

15. Assumption of Risk
Person understands and accepts participation in the activity
Involves certain amount of risk of injury
Participant MUST know and understand
MUST be voluntary participation
No coercion present

16. Act of God
Is unforeseeable or unavoidable accident due to the forces of nature

17. Legal Precedents Previous court decisions in similar cases
Used by both plaintiff and defendants

18. Sources of Negligence Failure to supervise students properly
Failure to instruct students properly
Unsafe facilities, grounds, or equipment
Failure to take proper first aid measures in an emergency
Failure involving transportation

19. Supervision
More than 50% of all lawsuits involving physical education and sports are a result of improper supervision
Questions asked by plaintiff attorney
If the supervisor had been present, would the accident have occurred?
Did the supervisor perform his assigned duties or abide by the rules and regulations?

20. What Physical Education Personnel Are Expected to Do
Monitor and keep activities within the skill level of individual students and athletes
Keep students from participating in unsafe activities
Enforce class and school rules
Keep records and be aware of the health status of individual students
Provide spotting and other specific supervision in activities of elevated risk

21. Quantity and Quality of Supervision Required depends on:
Age and maturity of the students
Amount of risk inherent in the activity
Skill level of the students
Previous preparation of the students

22. Responsibilities of Administrators and Teachers
Assign qualified teachers for each activity taught in the curriculum
Communicate to teachers what is expected of them
Supervise teachers to determine whether the expectations have been met

23. Instruction Selection of the activity Safety precautions Planning
Direct instruction
Grouping

24. Selection of Activity Evaluated for educational value
Developmentally appropriate
Age
Maturity
Skills
Fitness level of students

25. Safety Precautions Warn students of possible dangers
Teach proper safety rules
Use appropriate safety equipment

26. Planning
Follow accepted procedures for instruction contained in state and district courses of study
Unit and lesson plans are essential to ensure proper progressions are followed

27. Direct Instruction Use proper progressions
Progress gradually from less strenuous and simple tasks to more demanding, complex, and higher-risk activities

28. Grouping
In contact sports or combative activities, group students by similar characteristics
Height
Size
skill
Cannot group solely by sex
“Counting off” can result in mismatches and injuries
Teacher participating is greatest mismatch

29. Recommendations for Proper Grouping
Document all planning strategies.
Know the skill and experience levels before the student is asked to perform a skill.
Do not segregate on the basis of sex.
Do not pair/match by convenience.
Know the physical or emotional conditions of a student that may restrict participation.
Determine the most appropriate method of matching. Pair students by matching characteristics, and match the student to the activity.

30. Safe Facilities, Grounds, and Equipment
Inspect facilities, grounds, and equipment periodically
Maintain equipment inventories including dates of purchase and repair
Post warning signs of any dangerous conditions

31. Responsibilities when Providing Equipment
Make sure equipment is safe. Inspect all new equipment for defects.
Select equipment that is appropriate for the participants’ height, weight, skill and overall competence.
Ensure equipment is used only for its intended purpose.
Teach all participants how to use equipment properly.

32. First Aid vs. Medical Treatment
First aid -- the immediate and temporary care needed to preserve the student’s life or prevent further injury until medical care is available
Common errors in giving first aid -- doing too much or doing too little
Have an emergency plan
Do not dispense medications

33. Transportation and Field Trips
Preferred arrangement is to use school buses or commercial vehicles
Avoid using own car to transport students
Use consent forms when going on field trips
Waivers do not protect from negligence

34. Civil Rights of Students
First Amendment
Fourth Amendment
Fourteenth Amendment

35. First Amendment Allows for freedoms of speech, press, and privacy
Allows to express ideas either in speech or writing
Language which is obscene, libelous, or slanderous is not protected
Courts will balance needs of public against rights of the individual

36. Fourth Amendment Protection against unreasonable searches
Random drug testing allowed of those who drive to school or participate in sports
Students must be made aware of procedures

37. Searches
Can search student possessions at school if reasonable suspicion exists that search will reveal evidence to support the claim of the violation of a rule
Standard is different for school officials than for law enforcement professionals
Establish policies and procedures for all searches

38. Fourteenth Amendment Procedural due process and equal protection
“Procedural due process is the provision of an opportunity for an individual to be heard, to defend personal actions and be assured of fair treatment before a right or privilege is taken away.”
Student has right to explain or defend actions before punishment or discipline is implemented

39. Minimum Requirements for Due Process
Statement of the violation
Notice of the intended punishment
Opportunity to respond

40. Physical Education and the Law
Chapter 3