Thomas H. Sawyer

Supervision of Swimmers with Disabilities

he supervision of aquatic faciliT ties is a challenging task under the best of circumstances.There is always the potential for accidents to occur; in fact, drowning accounts for approximately 5,000 deaths per year (American Red Cross, 1995). The supervision of individuals with disabilities, however, presents a slightly different set of challenges for the aquatic-facility manager. When the participants are known to have certain types of disabilities (e.g., in camps or municipal pools with programs for persons with disabilities), those in charge need to be aware of the special risk factors for injury.The safety of the participants can be enhanced and the potential for liability reduced if those at all levels of supervision understand the unique characteristics of disabled participants. The following case i I I ustrates what can happen when there is a lack of information and communication about the nature of a participants disability and, as a result, the appropriate measures to ensure the safety of that unique individual are not taken.

The Impact of a Waiver

A fitness-club member who fell and injured her wrist during a personal training session brought action against the club and trainer, alleging that the trainer negligently provided inadequate instruction and used equipment in an unsafe manner.

Questionable supervision by physical educators

A student filed a suit against the school district and the physical education teacher after sustaining personal injuries in a game of floor hockey during physical education class.

Contact Sports Exception and Nonparticipants

5 JOPERD • Volume 83 No. 5 • May/June 2012 The Chicago Steel amateur hockey team contracted plaintiff, Michael Weisberg, an employee of Chicago Acceleration, to be its athletic trainer. One of Weisberg’s job responsibilities was to replenish the water bottles on the team bench during practice. The players would notify Weisberg that the water bottles needed to be replenished by banging their hockey sticks on the locker room door during practice. On October 24, 2004, Weisberg was completing paperwork in the locker room during practice at the Edge Ice Arena when a player banged a stick on the locker room door. As Weisberg entered the bench area to replenish the bottles, he was hit in the right eye by a puck shot by a player, Lampl, and suffered retinal tearing and a fracture under his eye, which led to permanent vision loss.

U.S. Supreme Court Holds NFL Is Not a Single Entity

9 JOPERD • Volume 81 No. 9 • November/December 2010 The United States Supreme Court’s decision in American Needle Inc. v. National Football League, et al. was widely expected by many legal commentators to be one of the most significant sport cases in history. In American Needle, the Supreme Court examined the issue of antitrust immunity for the National Football League (NFL), and its subsidiary entity, NFL Properties (NFLP). The court held that the alleged conduct related to licensing of intellectual property constitutes concerted action that is not categorically beyond section one of the Sherman Act.

Is School Recess a Recreational Activity

Auman v. School District of Stanley-Boyd Supreme Court of Wisconsin 248 Wis. 2d 548

Torts, Negligence, Duty, and Sports Injuries

Abstract Jaworski v. Kiernan, Supreme Court of Connecticut, 696 A.2d 332; 241 Conn. 399, June 17, 1997

Release from Liability

2. I FULLY UNDERSTAND that: (a.) ROWING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death (“Risks”); (b.) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Release named below; (c.) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.

Writing a first draft

Try these tips for writing a first draft. They will help you stay focused on your topic and provide a rough sketch of what your paper will look like. Write your research question or thesis and post it above your work space so you can see it. Print out your outline and refer to it as you write. Start wherever you want. Write the part that comes most easily. Many people recommend leaving the introduction until the end. Some people recommend writing as much as you can in one sitting. In the time you’ve given yourself to write, you should be producing sentences and paragraphs, even bad ones. Get your main points down, but leave out quotations and specific evidence if you don’t have them yet. Leave gaps in the writing where you know you want to add more, and write yourself a quick note about what you should eventually include there. Let go of perfection! Try to write complete sentences but don’t worry too much about grammar, word choice, or punctuation. These elements can be fine-tuned in revision. 1

Hazing Can Be a Title IX Issue

In this case, the plaintiff alleged discrimination based on gender under the Equal Protection Clause and Title IX, retaliation under the First Amendment, and a negligence claim under Indiana state law as a result of hazing on the boys swim team.