SHOOTING
AFTER CHEERLEADING EVENT: BAILEY v. D.C. (1995)
.
SWEET 16 PARTY AT
REC. CENTER ENDS IN FATAL PARKING LOT SHOOT OUT: Henry v. Parish of
Jefferson, NO. 2002-CA-748 (La.App . 5 Cir,
12/30/02)
SHOOTING AT
PRIVATE DANCE ON PARK DISTRICT PREMISES: WILBERT v. METROPOLITAN PARK
DISTRICT OF TACOMA (1998)
<>September
25 Exam One (Control Test Aug 28 through Landowner Liability Sept 18): on Blackboard CE6 GMU
Computer Lab Room
Bull
Run Hall Room 250
<>.
September
30 & October 2: Lifeguard & Aquatics Liability
Outline & Case Notes
Lifeguard
Liability Objectives & Review Questions
LIFEGUARDS
HAD NO TRAINING OR POLICY FOR DIALING "911" ,
December 1998, NRPA Law
Review, Parks & Recreation
INTOXICATED
TRESPASSER DROWNS IN CLOSED CITY POOL , March 1995, NRPA Law Review, Parks & Recreation
WU v. TOWN OF
FAIRFIELD, DROWNING IN
GUARDED CITY LAKE
Shallow Water Diving Liability Objectives & Review Questions
Limted Liability for Drowning in
Non-Swimming Area of Park, Objectives & Review Questions
Unguarded
Beach Appeared to be Designated Swimming Area
James C. Kozlowski. Parks & Recreation. Aug 2005. Vol. 40,
Iss. 8.
RETENTION POND
DROWNING CASE STUDIES , March 1985, NRPA Law Review, Parks & Recreation
SAGA BAY PROPERTY
OWNERS ASSOCIATION v. ASKEW , YOUTH DROWNS IN
UNDEVELOPED SECTION OF RESIDENTIAL LAKE
NAVARRO v. COUNTRY
VILLAGE HOMEOWNERS' ASSOCIATION , DROWNING IN LAKE
WITH SHARP CHANGE IN DEPTH
October 7 &
9: Sports Coach Liability
Outline & Case Notes
Sports
Coach Liability Objectives & Review Questions
COACH BREAKS PLAYER'S ARM DEMONSTRATING
TECHNIQUE: Koffman
v. Garnett, Record No. 020439, SUPREME COURT OF VIRGINIA, 574 S.E.2d 258, January 10, 2003
DUTY TO INSTRUCT, WARN, & DEMONSTRATE
UNFAMILIAR JUMPING EXERCISE, NRPA Law Review, April 1998, Parks &
Recreation
LACK OF SAFETY INFORMATION & TRAINING
FAULTED IN CHEERLEADING INJURY , NRPA Law Review, June 2001, Parks &
Recreation
PALMER v. MOUNT VERNON TOWNSHIP HIGH SCHOOL
DISTRICT 201 COACH DUTY TO REGARDING SELF-FURNISHED
PROTECTIVE EQUIPMENT
SNYDER v. MORRISTOWN CENTRAL SCHOOL DISTRICT
GIRL INJURED IN GYM CLASS
CO-EDUCATIONAL TOUCH FOOTBALL GAME
NYDEGGER v. DON BOSCO
PREPARATORY HIGH SCHOOL,
OPPOSING PLAYER SUES COACH FOR ENCOURAGING AGGRESSIVE PLAY
NO CLASS TUESDAY OCTOBER 14 COLUMBUS
DAY
HOLIDAY
<>
October
16: No Class - National Recreation and
Park Association Congress, Baltimore, Maryland Oct 14-18
October
21: Post-Injury Procedures Liability, Outline & Case Notes
Post-Injury
Procedures Liability Objectives & Review
Questions
MOGABGAB v. ORLEANS PARISH SCHOOL BOARD, COACHES DELAY EMERGENCY TREATMENT FOR PLAYER
SUFFERING HEAT STRESS, January
1992, NRPA Law Review, Parks &
Recreation
TRAINER
FAILS TO REPORT HEAD INJURY SYMPTOMS TO PHYSICIAN, February 2004, NRPA Law Review, Parks & Recreation
GEHLING v. ST. GEORGE'S UNIVERSITY SCHOOL OF
MEDICINE, LTD.
APPLEBAUM v. NEMON NO DUTY TO PROVIDE CPR IN PLAYGROUND DEATH
Virginia Code § 8.01-225 Persons rendering
emergency care, obstetrical services exempt from liability
AED "Heart
Shock Box" Whereabouts Unknown
James C. Kozlowski. Parks & Recreation. Oct. 2007. Vol. 42,
Iss.10.
<>
October
23: Sports Spectator Liability,
Outline & Case Notes
Sports Spectator
Liability Objectives & Review Questions
Baseball Spectator Assumes Normal Risk Of Foul Ball Injury?
Parks & Recreation. Jun 2003. Vol. 38, Iss. 6
ADEQUACY
OF SPECTATOR PROTECTION IN DANGER ZONE A JURY ISSUE, MAY 1993, NRPA LAW REVIEW, Parks
& Recreation
LOWE v. CALIFORNIA LEAGUE OF PROFESSIONAL
BASEBALL, TEAM MASCOT ANTICS NOT
ASSUMED SPECTATOR RISK
HOCKEY PUCK "FACIAL" A FORESEEABLE RISK FOR
SPECTATORS , NRPA
Law Review, August 1998, Parks & Recreation
CORTWRIGHT v. BREWERTON INTERNATIONAL SPEEDWAY, SPECTATOR INJURED BY FLYING DEBRIS
<>
October
28: Exam Two on CE6 GMU
Computer Lab Room Bull Run Hall Room 250
<>
November
4 & 6: Assumption of Risk & Sport Participant
Liability,
Outline & Case Notes
Sport
Participant Liability & Assumption of Risk Objectives
& Review Questions
Dancing
Teen Dies After Being Run Over By Parade Float
James C. Kozlowski, Parks & Recreation. May 2005. Vol. 40, Iss. 5
Tough Breaks Are Just Part
Of The Game James C. Kozlowski. Parks &
Recreation . Jun 2004. Vol. 39, Iss. 6
LITTLE LEAGUER ASSUMES RISK OF ERRANT PITCH
INJURY , BALTHAZOR
v. LITTLE LEAGUE BASEBALL
AGGRESSIVE PLAY INHERENT RISK IN NON-CONTACT
FOOTBALL CLASS, NRPA Law Review, November 1996, Parks &
Recreation, NRPA
MARTIAL ARTS PARTICIPANTS DO NOT ASSUME
INCREASED RISK OF INJURY, NRPA Law Review, August 1997, Parks & Recreeation
BUSHNELL v. JAPANESE-AMERICAN RELIGIOUS AND
CULTURAL CENTER, PARTICIPANT
ASSUMES RISK OF CHALLENGING INSTRUCTION
RACING DIVE BREAKS NECK OF FEARFUL NOVICE SWIMMER ,
NRPA Law Review, January 2004, Parks
& Recreation
JUNIOR LIFEGUARD COMPETITION PARTICIPANT
ASSUMES RISK OF INJURY (Lupash v. City of Seal Beach, Cal.App. Dist.4,
1999)
Nelson v. Great Eastern Resort Management, Inc.,
No. 020680 (Va. 1/10/2003)
Recreation
Safety Act Immunity Limited To Inherent
Risks
November
11
& 13: Liability Releases & Waiver Agreements in Sport and
Recreation
Outline
& Case Notes
GMU RISK
ASSESSMENT AND RELEASE FORM FOR UNIVERSITY SPONSORED ACTIVITIES
Liability
Releases & Waiver Agreements in Recreation Objectives
& Review Questions
LEON v. FAMILY
FITNESS CENTER (Cal.App. 1998), LIABILITY
RELEASE AMBIGUOUS, NOT ENFORCEABLE
SEIGNEUR v.
NATIONAL FITNESS INSTITUTE, INC., (Md.Sp.App
. 2000)
STATE HIGH COURT
UPHOLDS WAIVER SIGNED BY PARENT, NRPA Law
Review, October 1998 Parks & Recreation
HAWKINS v. PEART No. 01AP ?422 (Utah u2001) UTAH PARENT MAY NOT
WAIVE CHILD'S NEGLIGENCE CLAIM
Waiver for
Disabled Teen Drowning
James C. Kozlowski. Parks & Recreation. Jan. 2007. Vol. 42, Iss.1.
Commercial
Waiver Signed by Parent
James C. Kozlowski. Parks & Recreation. Jun.. 2007. Vol.
42, Iss.6.
Hiett v. Lake Barcroft Community Ass'n,
Record No. 911395, Supreme Court of Virginia, 244 Va. 191; 418 S.E.2d 894; 1992 Va. LEXIS 69; 8 VLR 3381, June 5, 1992
Elswick v. Lonesome Pine
Int'l Raceway, Inc., L99-89, CIRCUIT COURT OF WISE COUNTY, VIRGINIA, 54 Va. Cir. 368; 2001 Va. Cir. LEXIS 42, January
9, 2001, Decided
Whitewater Rafting Waivers Illustrate Expressed Assumption
of Risk Objectives & Review Questions
November
18: Agency Liability for Alleged Sexual Misconduct by
Employees, Outline and
Case Notes
Agency
Liability for Alleged Sexual Misconduct Objectives & Review
Questions
CASE STUDY,
INFANT C. v. BOY SCOUTS OF AMERICA
WILLIAMS
v. BUTLER. 577 So.2d 1113 ( La.App. 1991), DUTY TO SCREEN RECREATION
SUPERVISOR APPLICANT
GOLDEN
SPREAD COUNCIL v. AKINS, 926 S.W.2d
287 (Tex. 1996). SCOUT TROOP RECOMMENDS ALLEGED CHILD MOLESTER
HADDOCK v. CITY OF
NEW YORK, PLAYGROUND RAPE BY EX-CONVICT EMPLOYEE, 3/89 NRPA Law Review
DUTY
TO EDUCATE YOUTH ABOUT RISK OF SEXUAL ABUSE BY VOLUNTEERS? NRPA Law Review, Parks & Recreation,
December 2000
SOUTHPORT
LITTLE LEAGUE v. VAUGHAN No.
49A02-9912-CV-882 (Ind.App . 2000) LITTLE
LEAGUE LIABLE FOR MOLESTATION BY VOLUNTEER
Little League Child
Protection Program
YMCA Criminal
Background Checks
Tremel v. Reid, Case No. CL97-7172, CIRCUIT COURT OF ALBEMARLE COUNTY,
VIRGINIA, 45 Va. Cir. 364; 1998 Va. Cir. LEXIS 87, April 20, 1998,
Decided
Southeast Apts.
Mgmt., Inc. v. Jackman, Record No. 981000,
SUPREME COURT OF VIRGINIA, 257 Va. 256; 513
S.E.2d 395; 1999 Va. LEXIS 39, February 26, 1999, Decided
. Jane Doe a v.
Green, CV-S-02-0055-LRH-PAL , UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF NEVADA , 2004 U.S. Dist. LEXIS 207,
January 2, 2004, Decided, January 2, 2004, Filed, Motion granted by, in
part, Motion denied by, in part Jane Doe A v. Green, 2004 U.S. Dist.
LEXIS 197 (D. Nev., Jan. 2, 2004)
Virginia
Code § 19.2-392.02. National criminal background checks by
businesses and organizations regarding employees or volunteers
providing care to children, the elderly and disabled.
§
22.1-272.1. Responsibility to contact parent of student at imminent
risk of suicide; notice to be given to social services if parental
abuse or neglect
20 USC Sec. 1232g Records; Privacy; Limitation on
Withholding Federal Funds
LINKS
Virginia
Code § 19.2-390.1. Sex Offender and Crimes
Against Minors Registry; maintenance; access.
Virginia
State
Police, Sex Offender & Crimes Against
Minors Registry
Guidelines for the
Screening of Persons Working With Children.. . (April 1998, Office
of Juvenile Justice & Delinquency
Prevention, U.S. Justice Dept.) Adobe Acrobat File
November 20: Supervision Liability Outline &
Case Notes
Legal
Duty to Supervise Children at Play,
Objectives and Review Questions
Pine Tree Falls On Camper During
Thunderstorm James
C. Kozlowski. Parks & Recreation . Apr 2004. Vol. 39, Iss. 4
IS PLAYGROUND SUPERVISION NEGLIGENT FOR
FAILURE TO WITNESS INJURY?
NOVEMBER '97, NRPA LAW REVIEW, Parks
& Recreation
ROLLINS v. CONCORDIA PARISH SCHOOL BOARD , FAILURE TO SUPERVISE SCHOOL PLAYGROUND
MERRY-GO-ROUND
COLLINS v. BOSSIER PARISH SCHOOL BOARD, PLAYGROUND SUPERVISION IN FALL FROM MONKEY
BARS
FOSTER v. HOUSTON GENERAL INSURANCE COMPANY HANDICAPPED ATHLETE FATALLY INJURED ENROUTE TO GYM
GLORIOSO v. YOUNG MENS
CHRISTIAN ASSOCIATION OF JACKSON, CITY PARK FATALITY CAUSED BY LIGHT POLE
BRAHATCEK v. MILLARD SCHOOL DISTRICT
, WRITTEN SUPERVISION
STANDARD NOT FOLLOWED IN GOLF MISHAP
McGARR v. BOY SCOUTS OF AMERICA, FAILURE TO SUPERVISE BOY SCOUT ON WILDERNESS
HIKE
Virginia Code § 8.01-220.1:2 Civil immunity for teachers under certain
circumstances
SEE:
Lentz v. Morris, Record No.
860022, Supreme Court of Virginia, 236 Va. 78; 372 S.E.2d
608; 1988
Va. LEXIS
103; 5 VLR 516,
September 23, 1988
November
25: Exam Three on WebCT GMU
Computer Lab Room Bull Run Hall Room 250
NO CLASS THURSDAY NOVEMBER 27 THANKSGIVING RECESS
December 2: Americans With
Disabilities Act ( ADA ) Outline &
Case Notes
League
Policy Banning Coach in Wheelchair from Sidelines Violated ADA Objectives
& Review Questions
ADA
Summer Camp, Office of Civil Rights, Administrative Decision Objectives
& Review Questions
ADA
Basketball Recreation League, Office of Civil Rights, Administrative
Decision
Americans
with Disabilities (ADA) Case Study: SMARTT v. ANDREWS INDEPENDENT SCHOOL DISTRICT
Americans
with Disabilities Act (ADA) U.S.
Justice Dept. homepage
Final Rule ADA
Regulation for Title II
28
CFR PART 35 Nondiscrimination on the
basis of disability in state and local government services
December 4: Title IX Sex Discrimination Gender Equity
in School Athletic Programs,
*
Outline & Notes *****
Objectives and Review Questions
CONSTITUTIONAL TEST FOR GENDER
DISCRIMINATION IN PUBLIC FACILITIES
ATHLETIC EQUITY RESOURCES: Office of Civil
Rights, U.S. Dept. of Education,
National Women's Law Center: Title IX
Athletics
Chronicle of Higher Education, June 21, 2002
"Title IX at 30In the arena of women's
college sports, the 1972 law created a legacy of debate"By
WELCH SUGGS
Title IX
Case Study Final Exam Spring 1998
Title
IX, Federal Civil Rights Ban on Sex Discrimination in Athletics
"Clarification
of Intercollegiate Athletics Policy Guidance: The Three-Part Test"
Further Clarification of Intercollegiate Athletics
Policy Guidance Regarding Title IX Complance
(July 11, 2003). letter from
Assistant Secretary for Civil Rights Gerald Reynolds
Code
of Federal Regulations (CFR) Title 34 PART 106—NONDISCRIMINATION ON THE BASIS OF SEX IN
EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
34 CFR
Part 106
Dept of Education Office of Civil Rights Oct 01 Letter
to Michigan High School Athletic Association (MHSAA)
regarding consideration of competitive cheerleading as a sport.
Cohen
v. Brown University (1st Cir. 1996)
Plaintiffs awarded attorneys' fees in
the total amount of $
1,059,473.05 and costs of $ 21,385.20. August 10, 2001
Title IX: Gender Equity Is
not a Problem for Mason...Yet (Mason
Spirit Spring '98)
Title IX at George Mason. (4/27/97 Washington Post)
December 16: Exam # 4:
on CE6 GMU
Computer Lab Room Bull Run Hall Room 250
noon - 1:15 p.m.
Course Evaluations