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Playing to Win PLAYING TO WIN A Risk Management Guide for Nonprofit Sports and Recreation Programs Nonprofit Risk Management Center Playing to Win A Risk Management Guide for Nonprofit Sports and Recreation Programs by David L. Mair and Melanie L. Herman Copyright © 2003 by the Nonprofit Risk Management Center and David L. Mair All rights reserved. ISBN No. 1-893210-14-6 The Nonprofit Risk Management Center is dedicated to helping community-serving nonprofits conserve assets, prevent harm, and free up resources for mission-critical activities. The Center provides technical assistance on risk management, liability and insurance matters; offers interactive risk assessment software; publishes easy-to-use written resources; designs and delivers workshops and conferences; and offers competitively priced consulting services. The Center is an independent nonprofit organization that doesn’t sell insurance or endorse specific insurance providers. For more information on the products and services available from the Center, call (202) 785-3891 or visit our Web site at www.nonprofitrisk.org. Nonprofit Risk Management Center 1130 Seventeenth Street, NW Suite 210 Washington, DC 20036 (202) 785-3891 Fax: (202) 296-0349 www.nonprofitrisk.org Staff Sheryl C. Augustine, Customer Service Representative Suzanne M. Hensell, Director of Marketing and Education Melanie L. Herman, Executive Director Barbara B. Oliver, Director of Communications John C. Patterson, Senior Program Director COPYRIGHT © 2003 BY THE NONPROFIT RISK MANAGEMENT CENTER AND DAVID L. MAIR This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It’s distributed with the understanding that the publisher isn’t engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought. From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers. Acknowledgments The Nonprofit Risk Management Center is grateful for the support of the Public Entity Risk Institute (PERI), which provided a generous grant to support the cost of publishing this book. PERI is a tax-exempt nonprofit whose mission is to serve public, private and nonprofit organizations as a dynamic, forward thinking resource for the practical enhancement of risk management. For more information on PERI, visit the organization’s Web site: www.riskinstitute.org. The Center is grateful for the contributions of the following people who reviewed the draft of this publication and provided thoughtful suggestions on its development. Sally S. Cunningham, National Council for Youth Sports Richard B. Vincelette, Willis Risk Solutions Playing to Win: A Risk Management Guide for Nonprofit Sports and Recreation Programs Table of Contents Preface: The Greatest Risk .................................................................................................. v Chapter 1 — Overview of Risk Management in Sports ............................................. 1 Risk Defined and Applied.................................................................................................... 2 Why Risk Management? ..................................................................................................... 2 The Risk Management Process............................................................................................ 5 Risk Management Costs: What Do You Have to Lose? ........................................................ 6 Factors That Effect Both Risk and Risk Management ........................................................... 7 Chapter 2 — The Risk Management Process and Tools ........................................... 11 Step 1—Establish the Context .......................................................................................... 11 Step 2—Appraise Risks ..................................................................................................... 12 Step 3—Decide What to Do and Communicate Your Decision ......................................... 16 Step 4—Act on Your Decision ........................................................................................... 17 Step 5—Follow Up and Adjust .......................................................................................... 18 Chapter 3 — Risk Management Essentials for Sports and Recreation ................... 21 Risk Management Policy ................................................................................................... 22 Assigning Responsibility for Risk Management ................................................................. 24 Simplicity Is Best ............................................................................................................... 26 Chapter 4 — Sports Operations Risks ...................................................................... 29 Preseason Planning ........................................................................................................... 29 Legal Duties of Coaches ................................................................................................... 29 Informed Consent, and Waiver and Release Forms ........................................................... 35 Elements of an Effective Waiver and Release.............................................................. 36 Facility and Venue Management ...................................................................................... 42 Developing a Facility Inspection Protocol .................................................................. 43 Facilities for Changing Conditions ............................................................................. 46 Special Employment Issues for Sports and Recreation Programs ....................................... 52 Employment Status ................................................................................................... 52 Independent Contractors versus Employees .............................................................. 54 Reporting Compensation .......................................................................................... 56 Screening Paid and Volunteer Staff ................................................................................... 56 Criminal History Background Checks ........................................................................ 57 Harassment of Younger Workers ................................................................................ 59 Supervision ............................................................................................................... 59 Chapter 5 — People and Sport: Managing Expectations and Behavior ................. 63 Parents ............................................................................................................................. 63 Athletes ............................................................................................................................ 70 Coaches and Other Athletic Staff ...................................................................................... 72 Chapter 6 — Epilogue .............................................................................................. 75 Chapter 7 — Resources ............................................................................................ 77 Bibliography .............................................................................................................. 89 iii Nonprofit Risk Management Center Sidears and Samples But It Was an Emergency .......................................................................................................... 7 Risk Management Affects All Sports .......................................................................................... 9 Transportation Tips ................................................................................................................. 13 Blisters, Calluses & Corns ........................................................................................................ 15 Concussion Checklist .............................................................................................................. 17 SAMPLE: Risk Management Program Outline .......................................................................... 22 Safety and Injury Prevention Checklist .................................................................................... 27 Legal Duties of Coaches and Administrators ........................................................................... 30 First Aid Kit ............................................................................................................................. 32 SAMPLE: Permission to Render Emergency Medical Assistance for a Minor ............................. 33 SAMPLE: Waiver and Release of Liability.................................................................................. 38 SAMPLE: Emergency Contact Information, Medical History and Permission to Treat and Render Emergency Assistance .................................................................................... 41 Field Review Checklist ............................................................................................................. 50 Personal Protective Equipment ................................................................................................ 61 Sports-Related Stress Signs .....................................................................................................
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