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)
Parking Lot Security Questioned In Rock Festival Mishap Parks
& Recreation. Jul 2002. Vol. 37,
Iss. 7
May 29: No Class Memorial Day Holiday
May 31: Recreational Use Immunity Law in Virginia
Outline & Case Notes
(tape date: May 30, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
BEACH FATALITY TESTS PUBLIC RECREATION IMMUNITY STATUTE,
NRPA
Law Review, January 1997, Parks & Recreation,
NRPA *Case Report & Review Questions
Virginia Liability of localities in the operation of parks,
recreational facilities and playgrounds § 15.2-1809
Lostrangio v.
Laingford
, Record No. 001203, SUPREME COURT OF VIRGINIA, 261 Va. 495; 544
S.E.2d 357, April 20, 2001 July 4 celebration sponsored by the
Town, while undoubtedly intended to provide the public with entertainment
and diversion, is not a "recreational facility" contemplated by the
provisions of Code § 15.2-1809.
Pearsall v.
Fairfax
Cunty, Case No.
(Law) 162931, CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 47
Va. Cir. 74, July 9, 1998 Park Authority, which was created and is overseen
by the County of Fairfax, is entitled to immunity from suits for such
negligence
VIRGINIA RECREATIONAL USE IMMUNITY FOR CITY CONVENTION CENTER:
FRAZIER v. CITY OF NORFOLK, Va. Sup.Ct.
1987*Case Report & Review Questions
VIRGINIA PUBLIC RECREATION IMMUNITY INAPPLICABLE TO TRANSPORTATION,
DePRIEST v. PEARSON,
Va. Sup.Ct. 1990
Decker v. Harlan Va. Sup. Ct. 2000)
Town of Big Stone Gap v. Johnson, Va. Sup. Ct. 1945
CITY OF VIRGINIA BEACH v. FLIPPEN
, VIRGINIA RECREATIONAL USE IMMUNITY FOR CITY BEACH ACCESS *Case Report
& Review Questions
Virginia Recreational Use Statute § 29.1-509 Duty of care and
liability for damages of landowners to hunters, fishermen, sightseers,
etc.
Virginia Tort Claims Act § 8.01-195.3 Commonwealth Limited Liability
Charitable Immunity in Virginia
June 1: Exam # 1:
PW-BRH 252 (the small computer lab) 11:30 to 1:50
June 2: Lifeguard & Aquatics Liability
Outline & Case Notes
(tape date: May 31, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
Lifeguard Liability Objectives & Review Questions
Fairfax County Code CHAPTER 69.1 WATER RECREATION FACILITIES
ORDINANCE: Lifeguards & Rescue Equipment
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
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
June 6: Sports Coach Liability:
Outline & Case Notes
(tape date: June 5 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
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
HYPOTHETICAL CASE: COACH LIABILITY -
PLAINTIFF v. WEST MASON HIGH SCHOOL
June 6: Post-Injury Procedures Liability
Outline &
Case Notes
(tape date: June 5, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
Post-Injury Procedures Liability Objectives & Review
Questions
Kleinknecht v. Gettysburg College,
No. 92-7160, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, 989
F.2d 1360; 1993
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
June 7: Assumption of Risk & Sport Participant Liability
,
Outline & Case Notes
(tape date: June 6, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
Sport Participant Liability & Assumption of Risk
Objectives & Review Questions
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)
June 7: Sports Spectator Liability,
Outline & Case Notes
(tape date: June 6, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
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
JUSSILA v. UNITED
STATES SNOWMOBILE ASSOCIATION,
SNOWMOBILE RACE SPECTATOR ASSUMES RISK
Jones v. Three Rivers Management Corp., (Pa. 1978)
June 8: Exam # 2:
PW-BRH 252 (the small computer lab)
June 9: Liability Releases & Waiver Agreements in Recreation
,
Outline & Case Notes
(tape date: June 7, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
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
COOPER v. UNITED STATES SKI ASSOCIATION (
Colo..App. 2000), COLORADO COURT VALIDATES WAIVER
SIGNED ON BEHALF OF CHILD,
HAWKINS v. PEART No.
01AP ?422 (Utah u2001) UTAH
PARENT MAY NOT WAIVE CHILD'S NEGLIGENCE CLAIM
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
COUGHLIN v. T.M.H. INTERNATIONAL
ATTRACTIONS, INC., WAIVER IN CAVE TOUR FATALITY INEFFECTIVE
June 13: Agency Liability for Sexual Misconduct
(tape date: June 12, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
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
Boy Scouts of America Implements Expanded Volunteer Screening
System
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
State Sex Offender Registries
June 14: Supervision Liability
Outline & Case Notes
(tape date: June 13, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
Legal Duty to Supervise Children at Play
, Objectives and Review Questions
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
June 15: Exam # 3:
PW-BRH 252 (the small computer lab) 10:00 to 12:50
June 16: Americans with Disabilities Act (ADA
)
Outline & Case Notes
(tape date: June 14, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
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
28 CFR PART 36 Nondiscrimination
on the basis of disability by public accommodations and in commercial
facilities
Consent Order: Town Sports International, Inc. (posted 3/30/06)
Project Civic Access Agreement Between The United States Of America And Arlington
County, Virginia, Under The Americans With Disabilities Act DJ 204-79-252
Settlement Agreement Between The United States Of America And Loudoun County,
Virginia
Under The Americans With Disabilities Act DJ 204-79-246
Project Civic Access Agreement Between The United States Of America, Prince
George’s County, Maryland, And The Maryland-National Capital Park And Planning
Commission Under The Americans With Disabilities Act DJ 204-35-252
June 20: Title IX Sex Discrimination Gender Equity in School Athletic
Programs
*
(tape date: June 19, 11:30 - 1:50 in GMU-TV studio 4th floor Innovation
Hall, GMU Fairfax)
**
Objectives and Review Questions
CONSTITUTIONAL TEST FOR GENDER DISCRIMINATION IN PUBLIC FACILITIES
ATHLETIC EQUITY RESOURCES: Office of Civil Rights, U.S. Dept.
of Education,
TITLE IX NEWS ARTICLES
( InterMat website)
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)
June 22: Exam # 4:
PW-BRH 252 (the small computer lab)
FINAL EXAM PER EXAM SCHEDULE: NOTE LATER START TIME
1:30 p.m. - 4:15 p.m.
Course Evaluations