At the same time, though, courts have refused to apply the
defense of assumption of risk when educators failed to provide adequate supervision such as where a competitor in a track and field meet was struck by an errant discus while standing in a safe zone; a student was injured during an indoor (American) football
practice when he slipped on a wet gym floor where coaches failed to provide proper supervision or after another player was injured
due to the lack of supervision at a
practice; coaches did not warn a student sufficiently about the dangers of diving into a pool; coaches conducted a track
practice in a high school hallway that unreasonably increased a student's risk of injury; and a coach lacked enough experience to provide adequate supervision to avoid injury to a cheerleader.
In stripping away
due process and removing basic protection against retaliation, they will effectively silence the strongest line of
defense against those
practices, such as high stakes testing, and re-segregation that remain harmful to children.
Benefits of Good Record Keeping: Good record keeping
practices can provide various benefits, including helping a CEM sender: (1) investigate and respond to consumer complaints; (2) identify potential non-compliance issues and the need for corrective action, and demonstrate that corrective action was implemented; and (3) establish a
due diligence
defense in the case of a CASL violation.