Republic of the Philippines

SULTAN KUDARAT STATE UNIVERSITY

COLLEGE OF GRADUATE SCHOOL
ACCES, EJC Montilla, Tacurong City

Subject: Legal Liabilities and Risk Management Sports if Diverse Culture

Topic:
 Legal Liabilities and Risk Management in an Intramurals
 Liabilities and Risk Management in Field Trip
 Liabilities and Risk Management Hosting a School Graduation/
‘Foundation Party
Teacher: Prof. Susan Losanes
Reporter: Jose Conrad C. Braña

Legal Liabilities and Risk Management Sports if Diverse Culture

Every campus recreation professional recites these intramural mantras at student staff
training, but is there an understanding as to why these rules are in place

This article seeks to help intramural professionals provide their student staff with
answers as to why recreational programs must maintain rigorous policies. It will also
identify risk management concerns in intramural sports in order to eliminate
unnecessary risks and mitigate those which are unavoidable.

Intramural programs are unique in that the majority of the competitions and participation
take place after the professional staff has gone home for the evening or weekend,
leaving student staff in charge. To best facilitate the student staff to efficiently and
effectively run the program, an understanding of not only what the policies and
procedures are, but why they are in place, is necessary.

The majority of risks in intramurals arise under the legal doctrine of tort. A basic
understanding of this legal concept should be included in student staff training. A
tort consists of four basic components:

1. Duty–an obligation imposed on an individual requiring that they adhere to a

reasonable standard of care while performing any acts that could foreseeably
harm others.

2. Breach–when conduct has fallen short of the standard that was expected.

3. Causation–there must be a reasonable connection between the breach of duty

and the injury.

4. Damages–the basis for tort law is to compensate for an injury resulting from a
wrongful act; if there is no damage, there is no compensation.
One example of how a tort claim may arise in intramurals is when a student
participating in intramural volleyball is hurt when colliding with an unpadded
pole.

1. Duty–The intramural program has a duty to the student to provide a reasonably

safe environment.

2. Breach–This duty has been breached by the clear risk of an unpadded pole,
easily deemed conduct falling short of the reasonable care standard.

3. Causation–The unpadded pole could be a result of the program’s general lack of

padding on the volleyball equipment or a result of a student staff member
forgetting to put up the pads prior to the start of play. The injury was closely
related to the lack of padding on the volleyball pole, thus satisfying the legal
threshold of causation.

4. Damages–The damages here is the injury to the participant. The participant may
attempt to recover financially to rectify the damages.

DEFENSES TO TORT CLAIMS

1. Contributory Negligence– conduct on the part of the injured party which falls
below the standard to which they are required to conform for their own protection.

2. Assumption of Risk–a party who voluntarily assumes a risk of harm arising

from another’s conduct cannot recover if said harm results.

3. Waiver/Consent Form–a voluntary relinquishment of a claim, right or privilege

by a person to someone against whom it might be enforced.(SportRisk,
McGregor & Associates, 2008)

WHAT CAN MY PROGRAM DO TO ENSURE ADEQUATE RISK MANAGEMENT

IN OUR INTRAMURAL PROGRAM

It is essential to identify risk management concerns in intramural sports to eliminate

unnecessary risks, and mitigate those risks which are unavoidable. In order to mitigate
the unavoidable risks, there are certain measures which must be implemented. Prior to
the start of a new academic year it is important for the intramural director to:

 DEVELOP A RISK MANAGEMENT PLAN

Meet with university General Counsel/Risk Management Team

1. Discuss any changes or rulings in tort liability which may affect the program
2. Draft or review the waiver/consent form
3. Establish minimum certification standards for student employees
4. Establish exact minimum threshold for incidents requiring documentation

 B. TRAIN & INSTRUCT STUDENT STAFF

1. Identify all safety training protocols necessary for the specific needs of the
program
2. Make sure all supervisors are trained and certified in appropriate emergency
protocol
3. Develop an emergency action plan where all staff positions are given specific
roles in the event of an emergency
4. Demonstrate the importance of documentation
a. Rehearse competent written communication between student and professional
staff
b. Ensure a process to implement waivers is in place
5. Continually update and refresh employees in safety protocol
a. Communicate changes or issues to student staff
b. Integrate resultant examples from the program into instruction
c. Test staff understanding of policies and procedures through interactive
situational illustrations
6. Ensure all referees are properly qualified and trained

 C. DOCUMENT EVERYTHING

1. Keep copies of each supervisor’s certification/ qualifications on file

2. Ensure facilities and equipment are checked daily through the use of daily
checklists
3. Have a general log of the daily activities regardless of any incidents
4. When there is an incident, the appropriate forms must be completed by
program staff and given to professional staff for review and filing
5. Continually update & evaluate program policies and procedures

 D. FACILITIES AND EQUIPMENT

1. Inspect and inventory all equipment to ensure that they conform with
governing regulations
2. Determine who is going to conduct inspections and the frequency of the
inspections of all playing facilities and program equipment
3. Identify any natural hazards which may come into play during outdoor sports
and develop a plan to manage these hazards.

Intramural programs are unique within Campus Recreation because of the high volume
and level of interaction between participants. Furthermore, the majority of programming
occurs under the direct supervision of student staff. Therefore it is essential that student
staff be given the knowledge and training to efficiently and effectively run a safe
intramural program.

Legal Liabilities and Risk Management in an Intramurals

What Is An Academic Field Trip?

An Academic Field Trip is defined as a course-related activity that serves
educational purposes and occurs outside of the classroom at a location other than on
the campus at which the course is regularly taught. These trips are generally led by
faculty as part of the course curriculum and required for class credit. Examples of
academic field trips include, but are not limited to, travel to museums, geological areas,
farms, and businesses.

Experiences That Are Not Academic Field Trips

Faculty may recommend students attend an off-campus meeting, show or
conference that would be an appropriate enhancement for curriculum but that students
attend voluntarily. Students attend at their own expense and the College is not
responsible for travel or supervision.
Students attending off-campus activities or trips via their involvement with a College
athletic team, student club or organization or other College department not for academic
credit are participating in a “voluntary field trip” and not an “academic field trip.”

Why Is There A Distinction?

Academic field trips are considered part of the course curriculum and conducted within
the academic mission of the College. This means that College assumes the liability for
academic field trips. Non-academic, voluntary field trips have a varying amount of
liability exposure to the College depending on the amount of control the College has
over a given field trip.

What Can I Do To Minimize Field Trip Risks And Liability?

It is impossible to eliminate all risks entirely. However, advanced planning can help
minimize the exposures to Field Trip Leaders, students. The following information is
designed to serve as a guide to assist the College faculty and staff in making a
reasonable effort to ensure a safe educational experience for students participating in
field trips under their guidance.

What Do I Need To Consider, As The Field Trip Leader(s), In Planning A Field

Trip?
1. Destination Site
The Field Trip Leader(s) should be familiar with the site and share this knowledge with
participants. Lodging premises and locations should be reasonably safe or written
documentation should be provided highlighting associated risks. The Field Trip
Leader(s) should determine whether immunizations are required, what skills are
necessary, what students should do to acquire those skills and how competency will be
evaluated prior to the trip. The number of field trip leader(s) for the trip and their
competency level should be based upon the number of students and range of their skill
levels. Orientation for field trip participants should include procedures for a “buddy
system” and information on known risks as well as local cultural, custom and legal
requirements.

2. Transportation
Travel Using College-owned Vehicles
All prospective drivers of college-owned vehicles must undergo a motor vehicle record
(MVR) check to be authorized to drive a college-owned vehicle. To request an MVR
check authorization form, please contact the Risk Manager. The completed form should
be submitted to Risk Management via campus mail or in person well in advance of the
travel to allow time for the MVR review and approval decision.
Travel Using Faculty or Staff Personal, Rental or Borrowed Vehicles
Faculty and staff are strongly encouraged to use college-owned vehicles for all
field trips rather than their own personal vehicle. If using a personal vehicle, faculty
and staff should understand that their own personal auto insurance (liability and
property damage) is primary. Therefore, transporting College students increases the
personal liability of the faculty or staff driver. The College’s travel reimbursement
program includes a provision for insurance expenses in the mileage rate calculation for
personal vehicle use. In an accident, the non-owned vehicle owner must look to his or
her own automobile insurance coverage as the primary insurance. Any deductible on
the automobile insurance policy will be the responsibility of the vehicle owner.

3. Trip Expectations
The Field Trip Leader(s) should provide the participants with an orientation prior to
departure. The type of field trip will dictate the level of detail needed in the orientation,
but both verbal and written communication is essential.
Orientation materials should include the following:
- trip destination and purpose - a travel itinerary - route, rest and meal stops
- lodging information - transportation information - appropriate clothing or gear
- the established rules and protocols specific to the field trip.
- any known unique hazards.
- a summary of activities and physical requirements students will encounter
- any known or unusual circumstances that would require advance preparation or
equipment
4. Emergency Planning
The type of field trip also dictates the level of emergency planning needed. If the trip
location is remote, it is strongly recommended that at least two persons on the trip have
first aid skills, a first aid kit and a cell phone or appropriate means of communication in
the event emergency aid is needed. Confirmation that cell phones will operate from the
field trip site should be made in advance so that alternative arrangements can be made
if needed. Also determine a protocol for circumstances that may necessitate the Field
Trip Leader(s) leaving the group to accompany an injured or ill student.

5. Trip Contingencies
Even with the best planning effort, things can still go wrong. Try to anticipate
complications that could arise, and then develop contingency plans in advance.
Examples include:
 a student needs to leave early because of a personal emergency;
 a student violates established rules;
 weather or transportation delays or cancellations.
 Understand any contract limitations or restrictions. Will the “unused portion” of
pre-paid trip expenses be refundable?
6. Special Requirements For Participation
If students going on the field trip have disabilities or special requirements that may need
to be accommodated,
7. Compliance with College Policies
Make sure all participants understand that College policies for faculty, staff and students
apply to field trips regardless of the location.
Trip leaders are considered responsible employees and need to be educated on those
duties. Trip leaders are mandatory reporters of all incidents of sexual discrimination
(including sexual violence) and should be trained to handle complaints of sexual
assault, domestic violence, dating violence and stalking. This includes being attentive to
the needs and rights of both victims and alleged perpetrators. For more information,
please contact the College.
8. Certificates of Insurance
Sometimes the field trip destination, organization,
. If asked to provide this document, the Office of Risk Management can provide a
Certificate of Insurance for other parties. Please complete the form found
9. Records and Documentation
Field Trip Leaders should consider the nature of the field trip and review documentation
to ensure that language is clear and accurate when providing information to participants
or preparing informed consent forms or release statements. These are written records
that should be obtained in advance of the field trip and easily accessible. We
recommend that the Field Trip Leader keep copies, as well as maintain a back-up
record in the departmental office. See the Appendix for sample forms.
 Trip Authorization
 Informed Consent and Emergency Release Form
 Liability Waivers and Releases

What Do I Do If Something Goes Wrong During The Field Trip?

In the event of an emergency, Field Trip Leaders should attend to the injured and then
determine what condition(s) or act(s) caused the injury or illness. The Field Trip
Leader(s) should initiate any steps that are necessary to prevent similar incidents in the
future.
Things to look for are:
 Specific sequence of events that led to the emergency situation.
 Conditions that may have contributed to the emergency situation.
 Statements from eyewitnesses, if available.
Medical Claims
Faculty and Staff Work-Related Injuries and Illnesses (Workers’ Compensation) Faculty
and staff that are part of sanctioned field trip experiences are considered to be working
within the scope of their employment. If an injury occurs to an employee during the trip,
employees are covered by College’s workers’ compensation insurance policy as long as
the accident or injury arises out of or during the course of their work activity. Employees
are responsible for notifying their supervisor of an injury or illness. The supervisor is
then responsible for completing and submitting it to the Office of Human Resources and
the Office of Environmental Health and Safety within 24 hours, unless the accident
resulted in a work-related fatality, hospitalization or amputation in which case it should
be reported immediately.

Property Claims
All losses or damage to College property should be reported to the Office of Risk
Management,
Vehicle Claims
College Vehicles
Report the accident immediately to Campus Police, Also report the accident to Motor
Pool, as they can help to arrange for transportation in the event you need transportation
back to campus. “Hit and run” and vandalism incidents are criminal incidents and should
be reported within 24 hours to Campus Police or local police.
Non-Owned College Vehicle, Personal, or Borrowed Vehicle while you are
Conducting College Business
Report the accident to the Office of Risk Management,
Checklist for Planning a College Academic Field Trip
Planning:
 Obtain departmental approval (when appropriate) for field trip
 Make sure that information concerning field trips is included in the course
description and has a well-defined academic purpose
 Establish a written contract if the collaborating entity is coordinating all or part of
trip responsibilities; submit contract to Risk Management for a complimentary
review prior to signing
 Ensure Campus Security Authority training has been completed as part of the
responsibility of being a Field Trip Leader.
 Outline consistent, reasonable and prudent policies and procedures within
department for all course field trips such as:
 Health and safety standards and policy on activities
 Orientation for faculty, staff and students
 Required administrative written documentation
 Student health and accident insurance
 Informed Consent agreement (parental signature under legal age, note risks on
form, confirm when participation is voluntary)
Accommodations - Specify realities of lodging and travel prior to field trip:
 Inform all students to contact the Office of Disability Services X2434 to make any
necessary arrangements
 Cancellation policies when fees are collected as a group
 Housing (family/home stay, same gender rooming preference, dorm, apartment,
hotel, etc.)
 Meals (who provides food, alcohol consumption, etc.)
 Transportation (air, bus, public transportation, rental vehicle, college owned
vehicle, personal vehicle)
Orientation meeting - discuss and provide written documentation:
 Academic expectations – conditions of participation
 Approved and restricted activities
 Acknowledge risks and realities of field trip site
 Behavioral expectations
 Any zero tolerance issues
 Student misconduct or threats to the safety of others
 Climate at the field trip site
 Appropriate clothing and gear
 Communication and information resources (phone, fax, e-mail, etc.)
 Emergency plans and incident reporting procedures (accidents, theft, problems
with staff or other participants, illness, weather delays)
 Emergency contact information
  Cell phones/buddy systems
 Procedures for separation from group
 General safety and personal security
Orientation meeting: discuss and provide written documentation (continued):
 Health and safety guidelines including any possible health hazards
 College policies that will apply:
 College’s Honor Code
 Alcohol and other drug use policy
 Sexual misconduct and hazing policies
 Disciplinary policies
 Outline any relevant expenses
 Inform participants of required pre-trip documentation
 Waivers, insurance coverage, permission forms
Clarify:
 All contracts and agreements
 Students’ adult role in policy, information and procedures
 Expectations when students are acting independently of the program
 Insurance
Medical coverage for students, faculty and staff
 Liability (institutional and personal)
 Assemble paperwork you will be taking:
 Signed Emergency Medical Information Form
 Signed Informed Consent Forms
 Emergency contacts for each site
 Itinerary
Finally:
 Look forward to your trip as you are now a well prepared Field Trip Leader!

JOSE CONRAD C. BRAÑA

Zone 11-A Blk 9 Lot39 Fatima Uhaw General Santos City
0917 – 4921 – 613
Jebjebconrad1995@yahoo.com
Personal Data

Name: JOSE CONRAD C. BRAÑA

Sex: Male
Height: 175cm
Weight: 70
Date of Birth: May 15, 1995
Age: 24
Status: Single
Religion: Baptist
Language Spoken: Tagalog, Hiligaynon, English

EDUCATIONAL BACKGROUND:

Elementary: Dadianggas South Central Elementary School

Secondary: Holy Trinity College of General Santos City
Tertiary: Ramon Magsaysay Memorial Colleges. GSC
Course: BEED
Masters Degree: Sultan Kudarat State University
Course: Masters of Arts in Teaching – P.E (On going)

WORK EXPERIENCE:

2017-2018 --------- Romana Acharon Central Elementary School

2018-present -------- Surallah National Agricultural School

https://www.sportrisk.com/risk-management-in-intramural-sports/

https://www.wellesley.edu/sites/default/files/assets/departments/risk/files/wellesley_coll

ege_guide_for_academic_field_trips.pdf