Final Flashcards
(110 cards)
1
Q
Misdemeanor
A
results in fines of incarceration of less than one year
2
Q
Felony
A
results in sentences of a year or more in state or federal prison
3
Q
violence in sports: most complaints about intentional injury are addresses in _____ court
A
civil
4
Q
True of False: Participants have been charges with and convicted for injuring fellow players
A
True
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)
6
Q
people don’t usually view _____ as criminals - hard to get victim to file ____
A
athletes, charges
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
8
Q
simple assault
A
attempt to cause bodily injury (gf of hockey player kneeing official in the groin - 30 day jail sentence)
9
Q
Aggravated assault
A
attempt to cause serious bodily injury (father of high schooler shot coach) - 10 yrs in prison
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
11
Q
consent is a defense if
A
conduct and injury are foreseeable hazards of joint participation in the athletic sport
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?)
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
14
Q
self defense is difficult to apply in sports settings
A
True, amount of force used is usually higher than what is necessary
15
Q
retaliation in sports usually happens ______ danger has passed
A
after
16
Q
Gambling on college and pro sports is crime in all states except _______
A
Nevada
17
Q
popularity of sports rests on the _____ of the sports contests
A
Integrity
18
Q
Sports gambling can lead to
A
- game fixing
- point shaving
- bribery
19
Q
courts finding coaches increasingly accountable for
A
hazing
20
Q
Hazing and _____ are often linked together in terms of sport misconduct
A
bullying
21
Q
major diff. between hazing and bullying
A
membership into or affiliation with a team, club or group
22
Q
criminal assault and battery
A
is a crime, get jail time, be fined, or punished by state
23
Q
civil assault and battery
A
is an intentional tort, usually receive monetary damages
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!
25
apprehension
awareness that contact is about to occur
26
3 Elements of Assault
1. defendant intended to cause harm
2. plaintiff felt reasonable apprehension of immediate harm
3. lack of consent by plaintiff
27
Battery
intentional, unpermitted, unprivileged, and offensive touching of one person to another
(does not have to result in injury)
28
3 elements of battery
1. defendant intended to touch plaintiff
2. actual touching occurred
3. lack of consent by plaintiff
29
defenses for battery
- touching was not intentional
| - plaintiff consented
30
Privilege: special circumstances allow someone to use _____ or ______ without consent
force, touch (self defense, acting in defense of 3rd party)
31
standard of care owed to other participants
distinction made between standard of care one participant owes another in contact/ noncontact sports
32
standard of care in non-contact sports
participants have been held liable for negligent acts that injure fellow participants
33
standard of care owed in contact sports
participants held liable for reckless misconduct
34
reckless misconduct
intent on part of defendant to commit act but no intent to harm plaintiff by the act
35
violence by parents at local sporting events are _____
not unusual
36
____ states have passed legislation protecting officials
18
37
rec manages may be liable for injuries to ____, _______, or other ___ if they don't provide appropriate security or _______ control
officials, players, fans
| crowd control
38
1970 risk management became extensively used as _________________ and litigation related to sport and rec began to rise
government immunity began to erode
39
risk management: plan to control both _____ and ______facing the org
programmatic risks, financial risks
40
Risk management: orgs use ______ policies and practices to reduce exposure to risk
operational
41
loss from rick can be _____ or ______
physical or financial
42
Risk management does not seek to eliminate all risks but to minimize them without changing the activity
True
43
reducing injuries to participants = businesses reducing _____ exposure
financial
44
D.I.M process
assists orgs in decreasing chance of litigation
45
3 elements of DIM process
1. develop risk management plan
2. implement risk mang plan
3. manage risk mang plan
46
3 stages of developing risk mang plan
1. identify risks
2. classify risks
3. select methods of treatment for risks
47
categories of risk
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
growing number of lawsuits deal with _______ _____ ____________
human resource management
| wrongful termination, equal pay disputes, sexual harassment
49
orgs should establish _______ procedure to ensure complete risk assessment occurs
systematic
50
tools used to identify risk
- discussions w employees
- consult w colleagues
- read current literature
- consult professionals
51
classification stage: determine the _____ the risk may occur and the _______ of potential loss
frequency, severity
52
treatment
method to reduce, control, mange or eliminate financial risk and injuries
53
four treatments
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
standard of practice
- 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
standard of practice can serve as a shield to minimize _________ for the agency that adheres to them
liability (difficult to prove breach of duty if standards are followed)
56
True of false: standards of practice can increase liability if not adhered to
True
57
Standards of practice vs. guidelines
- 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
Standards of practice reflect all laws associated with acticity
False
59
standards of practice and risk management
applicable standards must be added to risk mang plan
60
Standard of practice risk management application
1. identify and select standards
2. develop risk mang strategies
3. implement risk mang plan
4. evaluate plan
61
A good risk management plan:
analyzes all potential risks than an org faces and selects optimal method to treat each
62
How do we treat risks?
1. avoidance
2. reduction
3. retention
4. transer
63
Layers of protection
when risk cannot be completely eliminated, several strategies used to treat risk: waiver, insurance, inspections, training
64
Risk Mang Plan includes
```
Organization description
Personnel
Conduct of Activities
General Supervisory Practices
Facilities
Crisis Management and Emergency Response Plans
Insurance Coverage
```
65
crisis management paln
addresses major crisis and assists staff in how to respond properly, quickly, and calmly
66
T or F: many orgs don't have a crisis management plan
True
67
crisis
a sudden situation that threatens an orgs ability to survive: and emergency, disaster
usually unforseen
68
2 catagories of crisis
1. avoidable (preventable)
- product failure, severe injury/death, criminal conduct
2. unavoidable (unpreventable)
- natural disaster, bomb threat, hazardous material incident
69
goal of crisis management
1. public safety
2. prevent crisis from damaging the orgs:
- ability to achieve goals
- reputation
- finances
70
developing crisis mang plan
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
crisis management News Media
have trained spokesperson deal with media, staff should NOT speak regarding incident
72
Developing crisis mang manual
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
crowd
group of ppl who gather to involve themselves in some events
74
crowd management
facility managers have a duty to their patrons to keep them from unreasonable risk of harm
75
crowd management plan should be included as part of ___________ plan
risk management
76
why is crowd management important?
- can incur liability
| - must be foreseeable risk
77
crowd management started with concert management
True
78
outsourcing
contracting outside agencies to provide a service
79
crowd management: due to high salaries this is no longer standard
uniformed or off-duty law enforcement
80
since 911 many large events are classified as __________ ________ security events
national special (insurance for these events are expensive)
81
crowd management: to limit liability- all staff should attend ______ program
orientation
82
Only select group members should have a say in the communication plan
False
83
directional signage
provide patrons w directions to important locations (exits, parking, bathrooms)
84
informational signage
inform public (prohibitive items, rules)
85
__________ must be provided in a safe manner regardless of the _____ of travel
transportation, mode
86
duty begins at point of ______ and continues until participants have been returned to ________ departure point
departure, original
87
Transportation: factors that impact standard of car
- age
- knowledge
- judgement
- experience
88
4 ways to provide transportation
1. independent contractors
2. org-owned vehicle
3. employee vehicle
4. non-employee vehicle
89
least liability exists with us of ______________
independent contractor
90
greatest liability with use of _______ vehicles
private
91
2 types of independent contractors
common carrier
| private carrier
92
common carrier
in the business of transporting foods or persons for hire
93
private carrier
only hires out to deliver goods or persons in particular cases
94
agencies can be held liable if the org is negligent in its selection of a contractor
True
95
When selecting an independent contractor
- verify liability insurance = certificate of insurance
- proof of insurance on each vehicle
- age of equipment, company safety record
96
most common way of transporting participants
org owed vehicle
97
both driver and org can be held liable for negligence of the driver
True
98
drivers and org are liable if actions of driver are within ____________________
scope of employment
99
ultra vires act
act outside scope of employment
100
Schools: right to use a vehicle owned by a school to transport students to activities other than classes is controlled by
state law
101
privately owned vehicles may be employees or non
True (parents, volunteers)
102
utilizing non-employee vehicles does not increase risk of liability for the org
False
103
employee/non: org is liable for negligence of driver
True
104
what 4 areas should a manager examine to identify exposure to loss
- policies
- procedures
- observe employees
- observe programs
105
Avoidance
* should not be first option
- activity included in content of program
- risks carrying critical loss w/ medium to high frequency should be avoided!
106
Transfer
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
Retention
org keeps risk and assumes financial responsibility for physical/financial losses
(preferred for minor risks)
108
Reduction
* proactive approach
| - risk minimized through proper maintenance, emergency procedures, training
109
4 tools to reduce risk
1. design regular inspection program for facility
2. maintenance program
3. training
4. system for filing documents
110
risk managers must be
-highly motivated
-committed to rsk mang
- motivate others to believe in plan
(needs upper management support, employees should be encouraged to provide continual input)
