CAMPUS RECREATION RISK MANAGEMENT

ROBERT D. MILLER

Effective risk management is a necessity for campus recreation departments in today's litigious society. Educational lev- els of the public we serve have increased over the past few years; furthermore, the amount of lawsuits and cases brought against negligent bodies has also risen. The keys for campus recreation profes- sionals to "stay afloat" are to remain in- formed, be proactive and to leave a long "paper trail" of accurate and detailed records.

Bridges and Roquemore (1 996) define risks as,

Events or occurrences that man- agers should be able to predict with reasonable accuracy and plan for so that i f they do occur, the loss or damage can be offset. Routine risks that must be antici- pated are death of key people, bad weather, a shortage of sup- plies, breakdown of equipment, trends in the economy, and haz- ards such as fires and burglary which can be covered by insur- ance. (p. 148)

Hall and Pitman (1993) offer McGregor and MacDonald's (1 990) definition of risk management as valid: "Minimizing the potential for litigation and risk of injury through everyday actions" (p. 38). Coo- per (1 996) expands this definition by of- fering four basic aspects of the risk management process: "identifying the potential risks; evaluating risks; select- ing the proper risk management strate- gies; and implementing risk management strategies" (p. 35). Each institution and campus recreation department is unique and therefore should set their own cus- tom-tailored strategies.

Kaplin and Lee (1997) suggest "risk management may be advisable because it helps stabilize the institution's finan-

Robert D. Miller, B.A., CRSS, is a Graduate As- sistant in Recreational Sports at Mississippi State University in Mississippi State, Mississippi.

cia1 condition over time and also because it can improve the morale and perfor- mance of institutional personnel by al- leviating their concerns about potential personal liability. In addition, risk man- agement can implement the institution's humanistic concern for minimizing and compensating any potential injuries that its operations may cause to innocent third parties" (p. 128). A risk management program should standardize policies and procedures for proper handling of emer- gencies and should reduce the amount of preventable injuries sustained.

All recreational facilities and equipment must be regularly inspected to en- sure safe operation . . . McGregor and MacDonald (1 990)

outlined the development of a risk man- agement plan and process in the follow- Ing manner:

Complete a safety audit to determine present use of risk management. Develop an organizational structure capable of implementing the risk management plan (similar to the de- partmental organizational chart). Develop safety job descriptions for all staff and committees working with this structure. Develop a detailed emergency plan. Implement the plan (p. 26).

Their outline is very straightforward, easy to understand and easy to imple- ment. The keys to making any risk man- agement plan and process completely effective are constant evaluation, re- evaluation and fine-tuning the plan and process.

The debate between constant super- vision of all open recreation areas and periodic supervision of these areas is never-ending. The court in Barretto v. City of New York stated, "the mere pres-

ence of athletic equipment in the gym does not trigger a duty of constant su- pervision" (Wong & Abbott, 1997). Ap- propriate risk management plans, policies and procedures can help avoid the question of "how much supervision is enough?" (p. 20). With cases that arise daily, proof of proactive prevention (a written risk management plan) seems to reign as the sovereign token of legal pro- tection for recreation professionals. Methods for reducing the possibility of a lawsuit include: having a well-designed risk management and prevention plan, educating the appropriate public regard- ing the hazards of participation, decreas- ing the number of (avoidable) injuries and keeping accurate and detailed records for up to seven years.

Risk management plans must be con- tinually evaluated and updated to ensure total quality proactive management of risk situations. Failure to re-evaluate and update risk management plans is almost as problematic as not having a risk man- agement plan at all. A risk management manual should be created to serve as the "major resource document which guides how intramural and recreation programs are organized and administered" (Coo- per, 1996, p. 35). Girvan and Girvan (1 993) provide some further insight on written risk management plans:

It is no longer enough to follow rec- ommended practices to reduce risk, but to verify those practices in writ- ing to provide protection in the courtroom. The writing can take a variety of forms: a checklist, a hand- book, a log, a recording of events, an established form, a manual, a short narrative, or a course outline. A manual can formalize rules, poli- cies, guidelines, and standards of procedures, including emergency and medical procedures. Checklists can be used for safety audits, daily safety routines, vehicle inspections, and maintenance schedules (p. 27).

SPRING 1998 NlRSA JOURNAL 23

Proactive, preventive risk management involves anticipating your risks well in advance of any possible occurrence of incident, and establishing a pre-planned course of action to deal with each deter- mined risk. The risk manager should be the key person charged with supervising the risk management process and should be the contact person in regards to any inci- dent or need for risk management follow- up. It is the risk manager's responsibility to identify all problem areas and recom- mend corrective action before an incident occurs. In other words, the risk manager should help to guard against foreseeable, harmful risks and maintain safe facilities and equipment. Additionally, "the risk man- ager must be given the responsibility, the authority and the time to effectively admin- ister the plan" (McGregor & MacDonald, 1990, p. 31). "Accidents are inevitable, but the steps employers take to prevent, ad- dress, and evaluate them can help keep them out of court" (Scheele, 1994, p.10).

Components of risk management in- - 4 ~ a f ~ ~ I i ~ i t e d + t e e m e r ~ - - f r - -

procedures, facility and equipment in- spection, cardiopulmonary resuscitation (CPR) certification, first aid certification and assumption of risklconsent to risk forms. Any time there is an accident or incident, the appropriate forms should be immediately completed and submit- ted to the campus recreation director and the risk manager.

Emergency procedures should in- clude: general emergency evacuation procedures, fire evacuation procedures, severe weatherltornado procedures, power outage procedures, bomb threat procedures and accidenvinjury proce- dures. In the event the facility must be evacuated, staff should always maintain control of the situation and remain calm. It is essential to keep individuals who are in the facility calm as well. Staff should never do anything that could incite or induce overreaction, panic or feelings of insecurity. Specific, systematic proce- dures (as well as the importance of fol- lowing protocol) should be spelled out

- ad-expl-ch -emz -- ployee. Verification (in the form of a sig- nature sheet) that the employee has been trained and understands both the training and the employee handbook should be kept in each employee's personnel file. Trained staff is a prerequisite for suc-

cessful risk management, as untrained staff will be unable to offer any help during a risk situation. Staff should be trained through regularly scheduled train- ing sessions and be kept current via "surprise or mock emergencies staged to demonstrate and practice the estab- lished emergency procedures" (Hall & Pitman, 1993, p. 38). "One possible way to avoid the courtroom is to prudently screen and hire competent workers, pro- vide adequate training and supervision of employees, conduct regular and thorough evaluations of students and their work and develop and follow a plan for risk man- agement" (Scheele, 1994, p. 10).

Risk management plans must be continually evalu- ated and updated . . . Additionally, during emergency situa-

tions, the threat of disease transmission * t - b e r e m m f * - r t - to ensure the control of bloodborne pathogens, personal protective barriers, disposal of biohazardous and regulated wastes and communication of hazards to employees (Sutliff & Bomgardner, 1994). Universal precaution procedures should be implemented and upheld to minimize the risk of bloodborne pathogen transmis- sion. The presence of well-stocked first aid cabinets strategically placed through- out the facility will assist all individuals in case of an accident, injury or emergency.

All recreational facilities and equip- ment must be regularly inspected to ensure safe operation for participants. "Facilities should have regularly sched- uled inspections twice a year and a checklist developed for daily use" (Hall & Pitman, 1993, p. 38). In addition to regular maintenance and inspection of facilities and equipment, complete, ac- curate documentation of the inspection should be completed and kept on file indefinitely. Regular inspection will help eliminate preventable injuries or acci- dentsin-campus recreatir>natfar=ilities, as well as extend the life of the facility and the equipment. Check out equip- ment should be thoroughly inspected each time it is issued and returned.

Regulation of CPR and first aid cer- tification is a delicate subject for cam-

pus recreation professionals. Hiring staff who are trained and certified in CPR and first aid will be beneficial to the depart- ment and the entire institution. However, the problem exists if CPR or first aid cer- tification is made a condition of employ- ment and somehow an employee is not certified when an incident or accident oc- curs. The door to litigation will immediately open if certification is an employment con- dition and an employee is not certified as stated. Recreation participants expect and deserve qualified individuals in their rec- reational facilities. Not only would this con- cern pose a legal threat to the employees of the department, the department itself and the institution, but, from a risk man- agement perspective, to ensure manage- ment of risk situations, certification is only a positive, proactive aspect. A way to in- crease staff certification without requiring all student staff be certified, would be making it a recommendation and mak- ing it beneficial for the workers to have the certification. Uncertified individuals

+muIdwerb i - r t i f dme- - or have a certified worker be in a promo- tional "supervisory" position. Promotion is an effective method of motivating stu- dent staff to become certified.

Assumption of risk or consent to risk forms are official legal documents that can help protect a department or an institu- tion from a lawsuit; however, the two should be used collaterally to provide optimum protection. "Assumption of risk is both elegant in its simplicity of intent and exceedingly complex in its applica- tion. Its essence is the denial of recovery to an injured person who voluntarily as- sumed the risk of injury" (Sharp, 1996, p. 10). Sharp further explains there are many components of assumption of risk. Im- plied assumption of risk is where the par- ticipant is "judged to have understood and accepted" the risks involved in a particular activity (Sharp, 1996 p. 10). Expressed as- sumption of risk is when a participant "ac- knowledges (verbally or in writing) that he or she understands and assumes the risks inherent in the activity" (Sharp, 1996, p. 10). In the-past,waive~omwe~the pre;-'---- ferred method of risk management in exonerating the institution from legal liabil- ity. However, waiver of liability forms do not promote mutual trust between the individual and the institution, in that the individual waives his or her right to sue

24 SPRING 1998 NlRSA JOURNAL

in the event of accident or injury. Accord- ing to McGregor and MacDonald (1990), any type of risk or waiver form should meet these six requirements:

The waiver must be clear, concise and understandable. The wording must be unambiguous. The waiver clause must contain spe- cific reference to negligence. The waiver should be activity spe- cific and should inform participants of the possible risks involved. If the waiver clause is part of a docu- ment, then it must be brought to the participant's attention and explained. The waiver must be signed by the participant (p. 17).

Campus recreation professionals need to take a strong look at the litigious American society and educate them- selves, their employees and the partici- pants about risk management. Problems can (and will) turn into lawsuits with little or no warning. Proactive measures, such as continually updating the risk manage- ment plan, must be implemented. No one in the affected recreation department will be exempt in the event of a lawsuit when preventative measures should have been taken but were not.

Betty van der Smissen (1 980) provides a strong statement that seems to be perfect for risk management and offers

Georgia Southern University

For more information, contact the NIRSA National Office

(514) 766-821 1

a perspective to recreation professionals in regard to the impact we have on the lives of today's and tomorrow's students:

The direction of the future must be to take a positive, offensive position emphatically stating that indeed the recreation and park setvices and pro- grams are conducted with profes- sional competence. Operationally, all of the foregoing has great impact- from the financing of services to the employing of the most competent personnel and the conducting of activities in the safest possible envi- ronment and manner. Risk manage- ment, in its broadest sense, is critical to operations today dp. 51).

In conclusion, risk management is a dynamic and complex set of procedures designed for the safety and protection of everyone it covers. We live in a litigious society, where protection must exist and attention must be paid to every detail, no matter what size.

REFERENCES

Bridges, F. J., & Roquemore, L. L. (1996). Management for athleticlsport adrnin- istration: Theory and practice (2nd ed.). Decatur, GA: ESM Books.

Cooper, N. L. (1 996). Will the defendant please rise: How effective is your risk management

plan? NlRSA Journal, 21(2), 34-38,40-41.

Girvan, G., & Girvan, J. T. (1993). Risk man- agement practices in athletics-A con- tent analysis. Journal o f Physical Education, Recreation, and Dance, 64(4), 26-28.

Hall, K. G., & Pitman, H. (1993). Risk man- agement in a recreational sports setting. NlRSA Journal, 17(2), 38-41.

Kaplin, W. A., & Lee, B. A. (1997). A legal guide for student affairs profession- als. San Francisco, CA: Jossey-Bass Publishers.

McGregor, I., & MacDonald, J. (1990). Risk management manual for sport and rec- reation organizations. Corvallis, OR: National Intramural-Recreational Sports Association.

Scheele, K. (1 994). Who's responsible? Who's liable? NlRSA Journal, 19(1), 8, 10.

Sharp, L. A. (1996). Fault lines. Athletic Busi- ness, 20(9), 10, 14.

Sutliff, M. A., & Bomgardner, R. (1994). HIV/ AIDS-How to maintain a safe environ- ment. Journal of Physical Education, Recreation, and Dance, 65(5), 53-56.

van der Smissen, B. (1980). Where is legal liability heading? Parks and Recreation, 15(5), 50-52, 81-83.

Wong, G. M., &Abbott, S. W. (1997). Falling down. Athletic Business, 21(8), 20,22.

@@@&--- "e" mail bcrippsaezee-score.com

phone 1-864-281 -0960

SPRING 1998 NlRSA JOURNAL 25