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Graduate Course Proposal Form Submission Detail - PET6494

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Current Status: Approved, Permanent Archive - 2011-06-30
Campus: Tampa
Submission Type: New
Course Change Information (for course changes only):
Comments: College Appdl 3/31/10; GC review 5/17/10; need learning outcomes; degree info added; Updated - Apprd 3/21/11. to System 3/24/11. To SCNS 4/1/11; Approved effective 5/15/11 (Nbr 6472 chnged 6494). Banner updated


  1. Department and Contact Information

    Tracking Number Date & Time Submitted
    2310 2010-03-19
     
    Department College Budget Account Number
    Physical Education & Exercise Science ED 173200 Physical Education & Exercise Science
     
    Contact Person Phone Email
    JoAnn Eickhoff-Shemek 9743443 eickhoff@usf.edu

  2. Course Information

    Prefix Number Full Title
    PET 6494 Legal Aspects of Physical Activity

    Is the course title variable? N
    Is a permit required for registration? N
    Are the credit hours variable? N
    Is this course repeatable?
    If repeatable, how many times? 0

    Credit Hours Section Type Grading Option
    3 C - Class Lecture (Primarily) R - Regular
     
    Abbreviated Title (30 characters maximum)
    Legal Aspects
     
    Course Online? Percentage Online
    C - Face-to-face (0% online) 0

    Prerequisites

    None.

    Corequisites

    None.

    Course Description

    Addresses the law, legal liability, and risk management related to physical activity programs. Content will focus on tort and contract law with an emphasis on negligence.


  3. Justification

    A. Please briefly explain why it is necessary and/or desirable to add this course.

    Offered as enrichment course (not part of program/concentration/certificate)

    B. What is the need or demand for this course? (Indicate if this course is part of a required sequence in the major.) What other programs would this course service?

    This course was offered in the fall 2009 as an experimental course and enrolled approximately 25 students.

    Similar enrollment would be expected moving forward.

    C. Has this course been offered as Selected Topics/Experimental Topics course? If yes, how many times?

    Yes, 1 time

    D. What qualifications for training and/or experience are necessary to teach this course? (List minimum qualifications for the instructor.)

    In addition to a terminal degree, qualified instructors must have Graduate coursework in the area of the course and/or an active research agenda.


  4. Other Course Information

    A. Objectives

    6.1 Understand the functions of the management, i.e., planning, organizing, leading, and controlling the resources and activities within physical activity programs as they pertain to risk management

    6.2 Apply the four phases of the risk management planning process: (a) assessing liability exposures, (b) developing risk management strategies, (c) implementing the risk management plan, and (d) evaluating the risk management plan.

    6.3 Understand general concepts of the law and legal system as it pertains to physical activity programs.

    6.4 Utilize LexisNexis Academic and Westlaw Campus, computerized legal databases, to research primary and secondary sources of law. .

    6.5 Be able to analyze legal cases that have occurred in physical activity programs by writing a proper “case brief

    6.6 Understand and apply specific concepts of tort law that relate to the management of a physical activity program.

    6.7 Understand and apply specific concepts of contract law that relate to the management of a physical activity program.

    6.8 Understand and apply statutory and administrative laws that relate to the management of a physical activity program.

    6.9 Understand how courts determine “duty” in negligence claims and lawsuits.

    6.10 Understand and apply the major defenses to negligence claims and lawsuits.

    6.11 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to employment issues.

    6.12 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to the pre-activity health screening process.

    6.13 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to health/fitness assessment and prescription.

    6.14 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to instruction and supervision.

    6.15 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to exercise equipment.

    6.16 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to facility issues.

    6.17 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to medical emergency action plans.

    6.18 Describe the implementation process of a comprehensive risk management plan.

    6.19 Describe the evaluation process of a comprehensive risk management plan utilizing both formative and summative approaches.

    6.20 Understand specific legal issues related to copyright, club memberships and related polices, unsupervised facilities, employer-sponsored programs, and selection of a lawyer.

    6.21 Understand and explain thoroughly each defense presented in the Risk Management Pyramid.

    6.22 Prepare a risk management project that demonstrates an understanding of applicable law and the risk management planning process.

    6.23 Enhance critical and analytical thinking.

    6.24 Enhance writing skills.

    B. Learning Outcomes

    6.1 Understand the functions of the management, i.e., planning, organizing, leading, and controlling the resources and activities within physical activity programs as they pertain to risk management

    6.2 Apply the four phases of the risk management planning process: (a) assessing liability exposures, (b) developing risk management strategies, (c) implementing the risk management plan, and (d) evaluating the risk management plan.

    6.3 Understand general concepts of the law and legal system as it pertains to physical activity programs.

    6.4 Utilize LexisNexis Academic and Westlaw Campus, computerized legal databases, to research primary and secondary sources of law. .

    6.5 Be able to analyze legal cases that have occurred in physical activity programs by writing a proper “case brief

    6.6 Understand and apply specific concepts of tort law that relate to the management of a physical activity program.

    6.7 Understand and apply specific concepts of contract law that relate to the management of a physical activity program.

    6.8 Understand and apply statutory and administrative laws that relate to the management of a physical activity program.

    6.9 Understand how courts determine “duty” in negligence claims and lawsuits.

    6.10 Understand and apply the major defenses to negligence claims and lawsuits.

    6.11 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to employment issues.

    6.12 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to the pre-activity health screening process.

    6.13 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to health/fitness assessment and prescription.

    6.14 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to instruction and supervision.

    6.15 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to exercise equipment.

    6.16 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to facility issues.

    6.17 Identify and understand applicable laws, published standards of practice that would be utilized in the development of risk management strategies related to medical emergency action plans.

    6.18 Describe the implementation process of a comprehensive risk management plan.

    6.19 Describe the evaluation process of a comprehensive risk management plan utilizing both formative and summative approaches.

    6.20 Understand specific legal issues related to copyright, club memberships and related polices, unsupervised facilities, employer-sponsored programs, and selection of a lawyer.

    6.21 Understand and explain thoroughly each defense presented in the Risk Management Pyramid.

    6.22 Prepare a risk management project that demonstrates an understanding of applicable law and the risk management planning process.

    6.23 Enhance critical and analytical thinking.

    6.24 Enhance writing skills.

    C. Major Topics

    Week 1: Concepts of Risk Management: definitions, steps, concepts, roles

    Week 2: Introduction to the Law and Legal System: sources of law, procedural law, trial/appellate law, court system, state/federal courts, case analysis,

    Week 3: Basis of Tory Liability/Levels of Fault: intentional, negligence, strict liability

    Week 4: Negligence: definitions, duty, breach of duty, causation, harm/damages

    Week 5: Determination of Duty in Negligence Claims: standard of care, published standards, special relationships, statutes

    Week 6: Defenses to Negligence Claims: contributory, comparative, assumption of risk, waivers

    Week 7: Examination 1

    Week 8: Immunity Laws: good Samaritan statutes, AED statutes, governmental immunity

    Week 9: Strict Liability: vicarious liability, breach of warranty, workers compensation

    Week 10: Basics of Contract Law: definitions, elements, types, breach of contract, development and administration

    Week 11: Assessment of Major Liability Exposures Physical Activity Programs and Facilities: employment issues, pre-activity screening, instruction, supervision, equipment risk, emergency action plans

    Week 12: Development and Implementation of the Risk Management Plan: documents, forms, policies, procedures, training

    Week 13: Evaluation of the Risk Management Plan: formative, summative

    Week 14: Examination 2

    Week 15: Risk management project submission and presentation

    D. Textbooks

    Eickhoff-Shemek, J., Herbert, D. & Connaughton, D.

    (2009)

    Risk Management for Health/Fitness Professionals: Legal Issues and Strategies.

    Baltimore, MD: Lippincott Williams & Wilkins.

    E. Course Readings, Online Resources, and Other Purchases

    Not applicable.

    F. Student Expectations/Requirements and Grading Policy

    Student Expectations:

    Students are expected to read all required materials in advance of each class meeting.

    Students are expected to attend class meetings regularly.

    Students are expected to participate in all Blackboard discussions.

    Students are expected to participate in classroom discussion.

    Grade Criteria:

    Participation/Class Discussion: 20%

    * composed of in-class and online activities

    Examination Performance: 60%

    * composed exclusively of essay questions

    Risk Management Plan 20%

    * development of a mock risk management plan

    *Note: rubrics for each grade area could not be added directly to this Acrobat form and are instead provided in section 8 of syllabus document.

    Percentages:

    A+ = 97.5 - 100, A = 92.5 - 97.49, A- = 90 - 92.49, B+ = 87.5 - 89.99,

    B = 82.5 - 87.49, B- = 80 - 82.49, C+ = 77.5 - 79.99, C = 72.5 - 77.49,

    C- = 70 - 72.49, D+ = 67.5 - 69.99, D = 62.5 - 67.49, D- = 60 - 62.49,

    G. Assignments, Exams and Tests

    Week 1: Concepts of Risk Management: definitions, steps, concepts, roles

    Week 2: Introduction to the Law and Legal System: sources of law, procedural law, trial/appellate law, court system, state/federal courts, case analysis,

    Week 3: Basis of Tory Liability/Levels of Fault: intentional, negligence, strict liability

    Week 4: Negligence: definitions, duty, breach of duty, causation, harm/damages

    Week 5: Determination of Duty in Negligence Claims: standard of care, published standards, special relationships, statutes

    Week 6: Defenses to Negligence Claims: contributory, comparative, assumption of risk, waivers

    Week 7: Examination 1

    Week 8: Immunity Laws: good Samaritan statutes, AED statutes, governmental immunity

    Week 9: Strict Liability: vicarious liability, breach of warranty, workers compensation

    Week 10: Basics of Contract Law: definitions, elements, types, breach of contract, development and administration

    Week 11: Assessment of Major Liability Exposures Physical Activity Programs and Facilities: employment issues, pre-activity screening, instruction, supervision, equipment risk, emergency action plans

    Week 12: Development and Implementation of the Risk Management Plan: documents, forms, policies, procedures, training

    Week 13: Evaluation of the Risk Management Plan: formative, summative

    Week 14: Examination 2

    Week 15: Risk management project submission and presentation

    H. Attendance Policy

    Course Attendance at First Class Meeting – Policy for Graduate Students: For structured courses, 6000 and above, the College/Campus Dean will set the first-day class attendance requirement. Check with the College for specific information. This policy is not applicable to courses in the following categories: Educational Outreach, Open University (TV), FEEDS Program, Community Experiential Learning (CEL), Cooperative Education Training, and courses that do not have regularly scheduled meeting days/times (such as, directed reading/research or study, individual research, thesis, dissertation, internship, practica, etc.). Students are responsible for dropping undesired courses in these categories by the 5th day of classes to avoid fee liability and academic penalty. (See USF Regulation – Registration - 4.0101,

    http://usfweb2.usf.edu/usfgc/ogc%20web/currentreg.htm)

    Attendance Policy for the Observance of Religious Days by Students: In accordance with Sections 1006.53 and 1001.74(10)(g) Florida Statutes and Board of Governors Regulation 6C-6.0115, the University of South Florida (University/USF) has established the following policy regarding religious observances: (http://usfweb2.usf.edu/usfgc/gc_pp/acadaf/gc10-045.htm)

    In the event of an emergency, it may be necessary for USF to suspend normal operations. During this time, USF may opt to continue delivery of instruction through methods that include but are not limited to: Blackboard, Elluminate, Skype, and email messaging and/or an alternate schedule. It’s the responsibility of the student to monitor Blackboard site for each class for course specific communication, and the main USF, College, and department websites, emails, and MoBull messages for important general information.

    Students are allowed to miss up to 2 class meetings without penalty. Each absence beyond 2 will result in a reduction of 2% from the final grade.

    Regarding observance of religious holidays: All students have a right to expect that the University will reasonably accommodate their religious observances, practices, and beliefs. Students are expected to notify the instructor in writing by the second class if they intend to be absent for a class or announced examination, in accordance with university policy.

    I. Policy on Make-up Work

    “Plagiarism is defined as "literary theft" and consists of the unattributed quotation of the exact

    words of a published text or the unattributed borrowing of original ideas by paraphrase from a

    published text. On written papers for which the student employs information gathered from

    books, articles, or oral sources, each direct quotation, as well as ideas and facts that are not

    generally known to the public-at-large, must be attributed to its author by means of the

    appropriate citation procedure. Citations may be made in footnotes or within the body of the text.

    Plagiarism also consists of passing off as one's own, segments or the total of another person's

    work.”

    “Punishment for academic dishonesty will depend on the seriousness of the offense and may

    include receipt of an "F" with a numerical value of zero on the item submitted, and the "F" shall

    be used to determine the final course grade. It is the option of the instructor to assign the student

    a grade of "F" of "FF" (the latter indicating dishonesty) in the course.”

    All students are expected to complete assignments according to the provided schedule and any work to be completed/submitted after the provided schedule must be approved in advance or the work will receive no academic credit.

    J. Program This Course Supports

    It is expected that this course would enroll approximately 15-20 students each time it is delivered. This course will be required of all graduate students in the Exercise Science program.


  5. Course Concurrence Information



- if you have questions about any of these fields, please contact chinescobb@grad.usf.edu or joe@grad.usf.edu.