Scenario #1: 

Advisor leads mountain bike (mtb) rides coordinated by club at school.

Advisor both oversees budget and gives mtb advice, both on mtb sites and riding techniques. 

Club raises funds to pay for transportation to mtb sites.

Subject: RE: Mountain Bike Club from Risk Management

If a district sponsors a club, supervision must be provided by a staff advisor for all activities. If there are other adult volunteers in the club, for them to be covered for liability by the Risk Pool, they must be working under the direction of a responsible staff member. The advisor’s duties should include those in scenario #1 and a lot more.  If a staff member cannot commit enough time and effort to provide full supervision of all club activities, he/she should not be involved in the club, and the district should not sponsor the club at all.

The accident rate for children’s bicycle injuries is 200 minor injuries and 85 serious injuries per 100,000 bicyclists each year.  For smaller children, most injuries and fatalities resulted from collision with vehicles.  In the age group of 11 to 19 years, the most common cause of bicycle accidents is errors in operating the bicycle.  Young teenagers are notorious in believing that they are incapable of getting hurt.  They want to participate in extreme activities that defy caution.  It would be difficult to ask them to exercise discipline and self-control in a fast moving and strenuous activity with their adrenaline pumping.

Properly supervising a number of students riding on a trail in single file is almost impossible because the instructor will not be able to see what the students are doing, and will not be able to correct or discipline students who are not adhering to safety rules.  Plaintiff’s lawyers have told juries many times:  “If the students are not within sight of the supervisors, they are not being supervised.”

Even though parents sign an informed consent form, they can still file a claim after an injury that the child was not supervised properly, warned properly, or instructed properly.  They can still claim that they school did not choose the activity properly, even though they have given their consent to participate.  Even if the parents agree to hold the district harmless and do not pursue a claim, a student injured in an activity can still sue the district when he turns 18.  The Pool has spent a lot of money on attorney fees trying to defend frivolous claims, and has been forced to settle claims with no merits at all. In this litigious society, we can expect to see a lawsuit whenever there is a serious student injury, regardless of the district’s liability. Include a hold harmless statement in a parental consent form with inherent risks of the activity to alert parents of its risk exposure.

Providing first aid on a trail not accessible by an aid car is another problem.  Summoning help and providing medical treatment may be delayed because of the rugged terrain in areas with accessibility problems.

We have an article called "Club Sports Activities" in which we stressed the importance of treating sports clubs the same way as interscholastic activities because the standard of care is just the same even though the organizers may think that they are less organized and don't have to meet the same standards. We know that it is difficult to meet the same requirements for coaching, supervision, training and conditioning as in interscholastic sports, but we think same level requirements should be met. If a sports club is sponsored by the district, the district will have the same liability exposure as it were an interscholastic sport.

We also think that many extra-curricular activities should be left to parks and recreation departments because their insurance coverage is designed for such activities while a school district's coverage is not. Mountain biking is a good example of such activities. It is a wilderness activity that is considered high-risk and it is not a usual extracurricular activity in most school districts.

School districts may be held liable for any school-sponsored activity. The district has to decide whether to "embrace it or divorce it." It is easier to assign responsibility when this line is clear. If the district sponsors the activity, then it should have total control of the program.  Things the district should consider include educational value of the club, risk exposure, potential for liability, ability to provide proper supervision and training, and control of club activities.

If the district has considered these questions and has evaluated the pros and cons, and still thinks that the educational value outweighs the risk, adopt the program and take full charge of it. Be sure to follow the same standards of care required for WIAA sports. The following are recommendations from our Loss Control Bulletin “Club Sports Activities”:

• Include written standard of care, rules and guidelines and communicate these to students and parents.
• Provide proper protective gear to athletes, and maintain inspection records for protective equipment and facilities. Maintain progression records for athletes.
• Provide qualified coaches, adequate coach-to-player ratio, and State Patrol background check on coaches and volunteers.
• Physical examination and parental informed consent form are mandatory.
• Clearly state in the parental consent form the inherent risks and injury exposures of this sport, including bone fracture, death and paralysis.
• Parents should sign that the student has proper medical insurance coverage, that they are responsible for the student's medical expenses, and give permission for staff, first-aiders and medical doctors to perform emergency medical care.
• Either provide district transportation or state clearly that the district is not responsible for transportation, and parents have to arrange for transportation for their children. The district should not make arrangements for carpools or attempt to control driving arrangements. (Divorce it or embrace it.)
• The coaches must keep practice, injury and attendance records, and document safety training. In case of a serious injury, the district will have to prove in court that the coach has discussed proper techniques and that the players are aware of the proper techniques and safety requirements. A student can file a claim against the district between age 18 and three months past the student's twenty-first birthday.
• Provide proper supervision during games, trips, practice and in the locker room.

Our      Our recommendations can be summed up with the words “embrace it or divorce it.” If the district sponsors an activity, be sure to assume all responsibilities of organizing, supervising, controlling activities, making sure that proper helmets are worn, making rules and enforcing them. If the district cannot do all these, leave sports club activities for parks and recreations districts that have the expertise and liability coverage to run these activities.  

Bulletin #49
May/June 1999

CLUB SPORT ACTIVITIES

Many member districts have asked about coverage of sports activities that are involved in non-WIAA sanctioned activities, such as sailing, rugby, lacrosse, roller hockey, martial arts, skeet shooting and archery. Even though they are not excluded from coverage, the Pool's position is that we do not recommend sports that are not WIAA sanctioned, as we pointed out in Pool Cues Bulletin #25 on high-risk activities. Although some of these games and activities are common at collegiate level and some are Olympic athletic events, the WIAA has considered their risk exposures too high to approve at the high school level.

Education should be fun, but it also needs to be safe. We applaud the positive efforts of teachers who make the learning experience entertaining and enjoyable. Some questions administrators and educators need to ask are: (Remember that you may have to answer the same questions in a court of law when you are cross-examined by a plaintiff's attorney after a serious injury in that activity.)

• What are the club's educational goals?
• Are the club objectives and educational value worth the risk of injury and is there a safer way to achieve the same goals?
• How can students get hurt? What is the loss experience with this program or its activities in other applications?
• Does this new activity add to the potential liability of the school district?
• Can all students in this age group participate?
• Are the activities appropriate for the age levels that will be involved?
• Is any special screening (such as medical evaluation) needed?
• What special training or certification is needed for the coaching staff involved in this activity?
• What special training in skills and safety is needed for students to participate safely?
• Do supervision and standards of care meet requirements of the activity that are being used in other districts or the rest of the country? What is the accepted standard? Which national organization provides the standard?
• Do other districts sponsor this activity? What has been their experience with this activity? What problems have they had to deal with?

• Will any special clothing, equipment, materials or transportation be needed? How will this be addressed?
• What risks will need to be communicated to (and understood by) parents before their child can participate in the activity? What concerns would they have before they let their child participate?

School districts may be held liable for any school-sponsored activity. The district has to decide whether to "embrace it or divorce it." It is easier to assign responsibility when this line is clear. If the district sponsors the activity, then it should have total control of the program. The best risk management tool to reduce liability exposure to the district is through risk transfer: completely divorce the district from the activities of the club. Treat the club as an outside organization that uses the district's field and other facilities, by having it sign a Use of Facilities Agreement. To protect the club it needs to have liability insurance coverage for the association and its coaches. Do not allow any use of district equipment, such as copiers and telephones, nor district supplies, such as letterhead and postage to advertise any of the club's activities. Do not use the school's name, school mascot or logo in the club's name and literature, even if all the club members are district students. The club should also include a disclaimer in literature that states "this is not a school-sponsored activity." The ideal situation is that the club can find a sponsor with adequate liability insurance coverage so that their insurance provider will defend the club and its staff in case of litigation.

If an athletic club is an independent entity but does not have any insurance coverage, its sponsors and coaches are subject to personal liability exposure. The district cannot treat coaches of non-sponsored programs as volunteers, especially if they receive a stipend from the club. They will not be covered under the district's liability policy or workers compensation policy if they are not considered a volunteer or an employee working for the district within the scope of their assigned duties and at the direction of the district. If there is a judgment against the club and the coaches in litigation, they will have to come up with their own defense and have to pay for the judgment.

One other approach is to share the risk exposure with another entity. Some activities are conducted in conjunction with a municipal or park and recreation district. In case of a lawsuit, both districts will certainly be named as defendants. We recommend an interlocal agreement be made between the school district and the other entity, with mutual hold harmless language stating that each entity will be responsible for its own negligence, so that there will be less possibility of the entities suing one another. Include a clause that clearly addresses the responsibilities of each entity as respect employees, equipment, facilities, instruction and supervision.

If you have considered these questions and have evaluated the pros and cons, and still think that the educational value outweighs the risk, adopt the program and take full charge of it. Be sure to follow the same standards of care required for WIAA sports.

• Include written standard of care, rules and guidelines and communicate these to students and parents.
• Provide proper protective gear to athletes, and maintain inspection records for protective equipment and facilities. Maintain progression records for athletes.
• Provide qualified coaches, adequate coach-to-player ratio, and State Patrol background check on coaches and volunteers.
• Physical examination and parental informed consent form are mandatory.
• Clearly state in the parental consent form the inherent risks and injury exposures of this sport, including bone fracture, death and paralysis.
• Parents should sign that the student has proper medical insurance coverage, that they are responsible for the student's medical expenses, and give permission for staff, first-aiders and medical doctors to perform emergency medical care.
• Either provide district transportation or state clearly that the district isnot responsible for transportation, and parents have to arrange for transportation for their children. The district should not make arrangements for carpools or attempt to control driving arrangements. (Divorce it or embrace it.)
• The coaches must keep practice, injury and attendance records, and document safety training. In case of a serious injury, the district will have to prove in court that the coach has discussed proper techniques and that the players are aware of the proper techniques and safety requirements. A student can file a claim against the district between age 18 and three months past the student's twenty-first birthday.
• Provide proper supervision during games, trips, practice and in the locker room.

If you have questions about this process or specific concerns, please contact the Pool's Loss Control Department.