Managing Risk Assessment and Litigation Term Paper

Pages: 10 (2810 words)  ·  Bibliography Sources: 1+  ·  Level: College Senior  ·  Topic: Teaching  ·  Buy This Paper

SAMPLE EXCERPT:

[. . .] More specifically, the manner in which university educators in the three disciplines of physical education, health, and leisure services communicate their participation message to students may serve to determine how effectively and safely these students participate in the physical education regimen (Araki, Huddleston, & Mertesdorf, 2002).

Professionals in the field of physical education, for example, attempt to contribute to the continuous educational process of individuals (emotional, social, and physical development) through the medium of human movement. Post-secondary physical education programs, therefore, are designed to educate young professionals in the knowledges, skills, and attitudes needed for teaching and promoting movement activities. Health professionals primarily focus on change processes that affect general well being. More specifically, health specialists are involved in teaching, advocating, and administering health change programs at the individual, organizational, or community level (Simons-Morton, Greene, & Gottlieb, 1995). As such, health professionals prepare students to engage in PE activities and to encourage positive individual behavior change (Araki, Huddleston, & Mertesdorf, 2002).

3) The UK is becoming more litigious concerning tortious physical injuries.

Scope of Study. The costs associated with tort claims in the UK are relatively modest in comparison with those of some other industrialized nations, but the trend towards seeking compensation through the courts is on the rise since its modest decline in the late 1980s (as shown in Table 1 below) (Schuck, 1991).

Rationale of Study

To the extent that physical education teachers can become better informed and trained in the administration of efficacious PE curricula in a manner that takes into account the findings of previous risk assessment studies is the extent to which the school will likely avoid the impact of costly litigation and the negative public relations associated with the process. More importantly, ensuring a safe physical education environment that is conducive to the physical fitness process is a fundamental responsibility of PE teachers everywhere.

A relatively consistent finding in the education literature is that curriculum decisions, instruction, and student learning is affected by the beliefs, attitudes, and values of educators (Kulinna & Silverman, 2000). Even though professionals in the physical education, health, and leisure services disciplines advocate the benefits of regular participation in leisure time physical activity, they differ in beliefs, goals, and process. Therefore, it is important to understand to what extent these three related, yet different, programs influence the attitudes, behaviors and participatory levels of students in physical education programs.

Table 1. International Comparison of Gross Tort Costs As Share of GNP (or GDP)

1975 1980 1987 United States 1.4-1.5-2.6 Australia 0.2-0.2-0.3 Austria 0.6-0.6-0.6 Belgium 0.6-0.6-0.6 Canada 0.5-0.5-0.6 Denmark 0.3-0.4-0.4 France 0.6-0.6-0.6 Italy 0.4-0.4-0.5 Japan 0.3-0.3-0.4 Spain 0.3-0.3-0.3 Switzerland 0.6-0.7-0.8 United Kingdom 0.5-0.6-0.5 West Germany 0.4-0.5-0.5 Note: Gross tort costs for the U.S. include self-insured payments for liability claims.

Gross tort costs for all other countries exclude self-insured payments (and include only liabilily insurance premiums). Source: Peter H. Schuck, American Bar Association. Tort and Insurance Practice Section, American Bar Association. Tort and Insurance Practice Section; W.W. Norton and Co., 1991.

Methodology

While the research process itself is simply "gathering the information you need to answer a question and thereby help you solve a problem" (Booth, Colomb & Williams, 1995, p. 6), knowing the difference between qualitative and quantitative research, as well as the extent to which a researcher can likely expect reasonable responses, can make the difference between success and failure in a research project. Understanding these differences can make the difference between a weak research strategy and a successful one. Because of the need to obtain as much verifiable and replicable information as possible in any research endeavor, by using the best aspects of both qualitative and quantitative research design, the researcher can achieve better results and will be in a better position to design future projects as well (Leedy, 1993).

The questionnaire to be used in this research project will be designed based on a critical review of the relevant literature. A questionnaire was selected as the appropriate and most cost-effective method of collecting the information needed for the research, as it provides the ability to collect a series of "yes/no," a series of Likert-scale answers, as well as open-ended answers for respondent comments, insights and recommendations. Some of the advantages of using a questionnaire include the ability to collect a variety of information types through the use of a single questionnaire form, the low cost of the questionnaire method involved, as well as the likelihood of receiving substantive feedback in an anonymous setting (Leedy, 1993). Some of the disadvantages to using a questionnaire form include an inability to perform a one-on-one interview with the selected group of respondents and the limitations that introduces, as well as the relatively small sampling involved in the questionnaire.

The questionnaire will be pilot tested initially at a small independent school; however, for the complete dissertation, a sample of approximately 70 other independent schools will be administered the questionnaire on risk assessment and litigation and the results compiled, analyzed and interpreted. Statistical analysis of the qualitative and quantitative data will be accomplished using SPSS Version 11.0 (Student Version), and relevant graphs, tables and narrative interpretations will be provided. A proforma sample of the working questionnaire is provided at Appendix A.

References

Araki, K., Huddleston, S. & Mertesdorf, J. (2002). Physical Activity Behavior and Attitudes toward Involvement among Physical Education, Health and Leisure Services Pre- Professionals. College Student Journal, 36(4), 555.

Booth, W.C., Colomb, G.G. & Williams, J.M. (1995). The craft of research. Chicago:

Brynteson, P., & Adams II, T.M. (1993). The effects of conceptually-based physical education programs on attitudes and exercise habits of college alumni after 2 to 11 years of follow- up. Research Quarterly for Exercise and Sport, 64, 208-212.

Centers for Disease Control and Prevention. (1996). Physical activity and health: A report of the Surgeon General. United States Department of Health and Human Services, National Center for Chronic Disease Prevention and Health Promotion, Atlanta, GA.

Cetron, M.J. & Davies, O. (March 2001). Trends Now Changing the World: Technology, the Workplace, Management, and Institutions. The Futurist, 35(2), 27.

Hamilton, C.R. (Summer 1999). Risk management and security. Information Systems Security, 8(2), 69.

Hyatt, N. (2002). The Advantage of Using Computer Software for Process Hazard Analysis. Occupational Hazards, 11(3), 37.

Kulinna, P.H. & Silverman, S. (2000). Teachers' attitudes toward teaching physical activity and fitness. Research Quarterly for Exercise and Sport, 71, 80-84.

Leedy, P.D. (1993). Practical research: Planning and design. New York: Macmillan.

Mcgarity, T.O. (2003). On the Prospect of "Daubertizing" Judicial Review of Risk Assessment. Law and Contemporary Problems, 66(4), 155.

Schmidt, D. (2003). Technology to the Rescue. Business Credit, 9(1), 37.

Schuck, P.H. (1991). American Bar Association. Tort and insurance practice section. New York: W.W. Norton and Co.

Simons-Morton, B.G., Greene, W.H., & Gottlieb, N.H. (1995). Introduction to health education and health promotion. Chicago, IL: Waveland Press, Inc.

Appendix A Pro Forma Risk Assessment Questionnaire

Section One: Quantitative Questions

1. Please indicate your position title:

2. How long have you held this position? ____ years

3. How old are you? ____ years

4. How many students are in your class (es)?

5. Has your PE program experienced any physical injuries that resulted in litigation in the past three (3) years? Yes

If yes, please indicate how many:

If yes, did any lawsuits result in adverse outcomes? Yes

Section Two: Qualitative Questions

SA = Strongly Agree

NA = No Answer/Not Applicable

SD = Strongly Disagree

SA A NA D. SD

1. Students are going to get hurt in a PE programme no matter what we do.

2. Risk assessment is an important part of any PE programme.

3. I would rather spend money on new equipment than on risk assessment activities.

Section Three

Open-Ended Questions… [END OF PREVIEW]

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