KIN 464 Risk Management Civil Rights Outline of Current Lecture I Risk Management II First Amendment III Fourth Amendment IV Fourteenth Amendment V Defamation Current Lecture VI Risk Management a The formal process of assessing exposure to risk and taking whatever action is necessary to minimize its impact i National Association of Independent Schools b Involves i Identifying the Risks What type of risk ii Classifying the Risks Severity c Treatment i Eliminate the Risk 1 This may involve the recognition of a significant risk before instituting an activity and avoiding it completely by not adding the activity ii Transfer the Risk 1 Transfer the risk to another organization or individual a This is a popular method for risks classified as moderate and high severity 2 Insurance is one popular method of transferring risk Exculpatory agreements iii Retention of Risk 1 The organization becomes financially responsible for any injuries or financial risks that may occur iv Reduction of Risks 1 Taking a proactive approach to reducing all forms of risk thereby decreasing the likelihood of injury and subsequently reducing the chances of being sued a e g requiring employees to undertake in service training extensive inspections coupled with These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute preventative maintenance and compiling and utilizing extensive records accident reports Civil Rights VII First Amendment a First Amendment rights are the freedom of speech i the freedom to speak ii to remain silent iii to communicate ideas b What is not protected i Libel or slander reference ii Language or acts that disrupt the learning environment iii Deny students an opportunity to acquire knowledge and skills c In deciding about protected speech and the freedom of the press the courts balance i The needs of the public versus the rights of the individual VIII The Fourth Amendment a The rights of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the person to be seize b How does this apply is a sport management setting i Lockers ii Drug testing c Court decisions suggest i Administrators must make policy enforcement and penalties known to students and their parents prior to participation ii Proof by signature of student and parents knowledge of rules and penalties is recommended IX The Fourteenth Amendment a Procedural Due Process i Before a right or privilege is taken away e g a job ii An individual is entitled to be heard iii To defend personal actions iv To be assured of fair treatment b The following must be available to the accused i Knowledge of charge and complaint ii A right to a hearing in which one may choose to use an attorney iii Opportunity to respond to charges with adequate time to prepare a response iv Opportunity to present witnesses and to question witnesses presented by others X Defamation a The taking from one s reputation i It is defamatory if it tends to diminish the esteem respect goodwill or confidence in which the plaintiff was held ii Or if the remarks excite adverse derogatory or unpleasant opinions b Must be i Published conveyed to 3rd party ii False iii Cause damage to one s reputation c Two forms of Defamatory Publication i Libel written or printed permanent physical form damage assumed ii Slander oral damage must be proved d No proof is required in these 4 instances i Imputes a crime ii Imputes a loathsome disease iii Adversely affects plaintiff s trade business or profession 1 e g coach lacks good sportsmanship 2 e g athletic director has a drink problem e The New York Times Standard i Stories related to a public career are measured by this standard 1 public officials figures must demonstrate that the statements were made with actual malice f Defenses i The truth ii Doctrine of fair comment the right to comment on public matters fairly with an honest purpose iii 1st Amendment protection fact or opinion