July 19, 2011
Matt Campbell, J.D.
Assistant Director, Campus Recreation
Marshall University
Acknowledging the most feared four letter word in Campus Recreation is the first step in understanding it : R-I-S-K.
Risk…there, it’s out in the open. And now that it has been acknowledged, perhaps we can move beyond the knee-jerk reaction and discuss how risk is controlled, or in legal terms, mitigated. Because as scary as risk may be, nothing is more terrifying than finding out your plan to control that risk is inadequate or outdated.
This article will explore why risk is such an ominous topic for recreation professionals, what the current standard is for mitigating risk in campus recreation, and where the legal decisions are trending with regard to mitigating risk.
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July 19, 2011
Matt Campbell, J.D.
Assistant Director, Campus Recreation
Marshall University
In Part I of this article, we discussed the risk assessment tool developed by Peter Sandman dubbed the “Outrage Model.” In the Outrage Model, Sandman defines risk as hazard plus outrage. Applying this model to risk in campus recreation, we can assign hazard as the objective factor, such as the safety of a playing surface or wear and tear to equipment, and outrage as the subjective factor, such as the criticism and emotional reaction to these hazards. These criticisms and emotional reactions have lead to an increase in litigation and a paradigm change regarding assumption of risk. In Part I, a table showing which jurisdictions are likely to uphold a waiver or assumption of risk clause and which are not was produced. In this article we will outline how to move away from legal jargon and develop an effective, dynamic waiver document.
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