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"Preparing Students for Lawsuits --- The Reality of Today”

“A non-teacher centered approach”

Dr. John Ferguson

By

  Eric J. Fuchs, DA, ATC, NREMT- B, Eastern Kentucky University - USA

John Ferguson, DA, Eastern Kentucky University - USA


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   The reality of today's classrooms and sports at any level is that the potential for an educator, recreation specialist, athletic trainer or coach becoming involved in a lawsuit during their career is no longer a question of if, but rather when. The educator's, recreation specialist or coach's involvement could range from being a witness, an expert witness for the prosecution or defense, to being a defendant in a legal action. In most college curriculum for teacher education, sports management, and athletic training students at least one course in organization and administration is offered and some may even have additional courses (i.e. sports law or legal issues in sport or education). The courses are usually part of the major's core and provide information on a wide range of administrative responsibilities for the students chosen field. This includes legal issues and how to protect oneself or an organization from being exposed to or involved in a successful lawsuit.

  Instilling in young professionals the true impact that a legal proceeding can have on a career, organization and family is often hard to project in a simple lecture format. Assuring that the young professionals leaving our programs and disciplines are truly prepared and will implement the various techniques and strategies they are instructed on, to reduce their risk of liability, or involvement in a lawsuit is difficult through a lecture. For example, assuring that the young educator will not leave his or her class alone while teaching or a team in the locker room when a team finishes practices, is paramount, due to the ramifications if a fight or other incident occurs between the students. There is a need to instill in the young professional that the behavior of leaving a class or locker room unattended is wrong and potentially could cost them not only their career but even more.


2. Strategies to Overcome Poor Mentoring.

  In all cultures and groups peer pressure does have a strong sphere of influence. The need exists to provide an educational experience that will impact a student in a way that assures they will not develop bad habits such as leaving a class unattended, not traveling with a team on the bus to a game or not properly documenting an injury. This type of behavior may be modeled by other more experienced colleagues. The student needs to fully understand, respect and have internalized the fact that complacency and assuming “nothing like that will happen to me, so I do not need to worry” will in the end, when faced with legal issue, cost them more than just their career. Currently, courses that cover topics related to legal issues, such as an organization and administration course or one titled legal issues, often provide a review of case law. The case law review does provide the students with a good understanding of how the courts view various professionals' actions. Case law review and lecture on what needs to be done to protect an individual from a successful suit still does not provide a quality understanding of the time, effort and required preparation that one must do to prepare for a deposition.. Additionally, this “teacher centered classroom” approach never places the student in the hot seat.


3. Mock Depositions And The Student Centered Classroom.

  A technique to enhance the educational understanding and the impact a lawsuit can have on an individual, while teaching the new professional how to be prepared to defend oneself and how to prepare for a legal proceeding, is through a mock deposition. The mock deposition is more effective for preparing the young professional since most cases, including those that go to trial, will start with deposing all involved parties. A mock deposition run by the course instructor and the students may prove more effective in students internalizing the information through a student centered activity. However, the more realistic the situation or educational simulation, the more the students can relate the information to their future career. The benefits found with an active learning model such as this one would include increased satisfaction of learning and places the responsibility on the student for learning (Grasha, 2002).

  The mock deposition is a teaching strategy that will increase the students awareness and understanding of the magnitude and value of insuring that their conduct as a professional does not place them at risk if a lawsuit or litigation proceeding is convened. Additionally, providing the future professional with an adequate understanding of the procedural process involved, such as how and when to answer questions, who will be involved (i.e. a stenographer, various counsel and how a deposition proceeds), will be invaluable in the event they face litigation.

  Utilizing a local Attorney, Law Firm, collaborating with a local law school or paralegal program to design a true mock deposition with students in your course provides an excellent way for these students to truly see the level of detailed questioning, the procedures and how a person feels when undergoing a deposition. The utilization of legal professionals in this process will provide a much broader depth and realism to the process that cannot be conveyed in a traditional lecture format. Additional benefits include the potential for additional collaborative projects with other schools or departments on your campus or in your community. This collaborative opportunity allows for promotion and better understanding of ones discipline by others in either the community or on-campus (Helle et al. 2007 & Nuckles, 2000).

  The lesson does require preparation (Grasha, 2002 & Nadolski, 2000). A case scenario has to be defined first. This could be pulled from the previous case law or the current headlines in the paper or professional journals. This should then be provided to the class. Depending on the class size, you may have to break the groups up into their discipline areas and provide each with their own case. For example, if you teach an Organization and Administration course that is taken by all the departmental majors, providing each group their own case scenario may prove beneficial. The students then prepare themselves for answering questions by assigning different roles for the case. Each student is assigned their role. For example, one may be the defendant, one may be an athletic administrator who was at the event and is considered a witness, while the other may be an expert witness for the defendant. The students then prepare by conducting research on the case or use fictional data. At this point, depending on how much realism you want to include, you could provide each of your students with a Subpoena, which with the assistance of your collaborative legal team, can be drawn up very realistically.

  The next step should be to set a date for the depositions and have the room arranged accordingly and use a recording device (i.e. mp3 or tape recorder) to simulate a court reporter. During the day of the mock deposition, if you have partnered with an attorney or program, these individuals will conduct their questioning in the manner which a real attorney or court officer would. If you have broken the class into various groups you may have several mock depositions in the course with the other groups getting to watch and perhaps writing reflective papers on what they observed. This could then be incorporated into a reflective journal or turned in as a component of the mock deposition assignment.

  These educational methods, student centered and project oriented, though not a new concept, if conducted correctly and with realism can have an enormous impact on the students true understanding and respect for the legal process (Nadolski, 2000 & Helle, et. al 2007). This mock deposition can be done in various ways for both undergraduate and graduate students. For example, if you had a legal issues class, then the students could be working all semester to prepare for their mock deposition and the final exam could culminate with them being deposed by legal experts.


4. The “Positives”.

  In the end, the implementation of a collaborative mock deposition from a practical view will assure that the future young professionals are as properly prepared as one can be when facing a legal proceeding and will be more confident having had previous exposure to the process. The new professional will gain a better appreciation for the importance of documentation and the need to follow procedure, once they have undergone a deposition by legal professionals. The pedagological benefits include the implementation or opportunity for collaborative teaching with the community or other college discipline. The instructor is able to influence students' affective, cognitive and psychomotor domains throughout this project. The preparation and the actual deposition challenge the students at the higher levels of blooms taxonomy, which if combined in a large class with other groups viewing and reflecting, can even reach the evaluation taxonomy (Bolin et. al, 2005).

  A mock deposition initially requires a lot of planning, cooperation and coordination with the legal advisors that will assist with the mock deposition. The lesson planning, once completed, takes only minimal time after several cases have been developed. The lesson should be up-dated to reflect current case law affecting the particular scenario and any new legislation. A mock deposition can provide a memorable learning experience that most students will never forget!


LIST OF REFERENCES

Bolin, A. U., Khramstsova, I. & Saarnio, D. (2005). Using student journals to stimulate authentic learning: Balancing blooms cognitive and affective domains. Teaching of Psychology, 32 (3), 154-159.

Grasha, A. F. (2002). Encounters with active learning in four disciplines. College Teaching, 50 (3), 82.

Helle, L, Tynjala, P, Olinuora, E, & Lonka, K. (2007). ‘Ain't nothing' like the real thing'. Motivation and study processes on a work-based project course in information systems design. British Journal of Educational Psychology, 77, 397- 411.

Nadolski, R. J., Kirschner, P. A, & Van Merrienboer, J. J. G. (2006). Process support learning tasks for acquiring complex cognitive skills in the domain of law. Learning and Instruction , 16, 266-278.

Nuckles, C. R. (2000). Student-centered teaching: Making it work. Adult Learning, 11(4), 5-6.


 
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