4800 Kim - Tourism, Recreation & Sport Management

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UNIVERSITY OF FLORIDA

LEI 4800 (Section 4935)

LEGAL ASPECTS OF TOURISM, EVENTS AND RECREATION

FALL 2015

Course Information

Credit Hours: 3

Class Location: FLG 210

Class Time: MWF: Period 2 (8:30 – 9:20 am)

Instructor Information

Sungwon Kim

Office Location: FLG 280B

Office Hours: MW 9:30 am – 11:00 am or by appointment

E-mail: kim203@ufl.edu

Course Description

Concentrates on the legal aspects of recreation, hospitality and event management to assist students to better understand the law as it pertains to their area of specialization and improve risk management practice.

Purpose of Course

The course concentrates on legal issues relevant to recreation, parks, and tourism. The course provides students with a basic understanding of the risk management process, negligence, intentional torts, policy, contract law, and issues relevant to specialty areas. The goal of the course is to help students better understand the law as it pertains to their area of specialty and therefore better enable them to avoid or reduce the probability of litigation. The central theme for the course is recreation, parks, tourism and sports related; however, the legal theories discussed are applicable to a broad category of curricula. The course will place an emphasis on managing events in hospitality and recreation settings.

Course Text and Readings

Spengler, J.O. & Hronek (2011). Legal liability in recreation and sports . 4th ed.

Champaign, IL: Sagamore Publishing Co. (www.sagamorepub.com)

E-Learning (Canvas)

Students are expected to log in to Canvas (https://lss.at.ufl.edu/) regularly for class announcements, assigned readings, grades, etc.

Accessibility

Students requesting classroom accommodation must first register with the Dean of Students

Office. The Dean of Students Office will provide documentation to the student, who must then provide this documentation to the instructor when requesting accommodation.

Academic Integrity

On all work submitted for credit by students at the University of Florida, the following pledge is

either required or implied: “On my honor, I have neither given nor received unauthorized aid in doing this assignment.” The university specifically prohibits cheating, plagiarism, misrepresentation, bribery, conspiracy, and fabrication. For more information about the definition of these terms and other aspects of the Honesty Guidelines, see http://www.chem.ufl.edu/~itl/honor.html. Any student(s) demonstrated to have cheated, plagiarized, or otherwise violated the Honor Code in any assignment for this course will fail the course. In addition, violations of the Academic Honesty Guidelines shall result in judicial action and the sanctions listed in paragraph XI of the Student Conduct Code.

Late Policy

All assignments are considered late if they are not submitted at the beginning of the class the day they are due. Late assignments will results in a 10% drop of grade per day, determined by the instructor. Presentations are to be made by students on a date to be assigned by the instructor.

Students that anticipate an excused absence for the date of their presentation are responsible for making the necessary arrangements with the instructor to reschedule their presentation prior to the date of the assignment.

Cell Phones and Laptops

The policy on cell phones is as follows: On exam days: you will receive a zero for your exam if your cell phone rings during class, you speak or make any form of communication using your cell phone during an exam, or your cell phone is within your line of sight. The use of laptops is only allowed for taking note.

Course Requirements

The evaluations for this course include:

1.

Participation : Students are expected to attend class and participate in class discussion related to assigned reading, lectures, and other pertinent course materials. Your observations and opinions are valuable to the greater understanding of the class and the instructor.

* Students are required to bring three articles (15 points; 5 pts. each) during the semester that deal with relevant current legal issues and discuss with the class. Articles must be submitted to the instructor on the same day that students participated in discussion. Only a paper copy of article will be accepted (e-mail submissions will not be accepted).

2.

In-Class Assignments/Quizzes : In-class assignments/quizzes will be randomly administered throughout the semester. If you are absent when the materials are distributed, there is no opportunity to make-up the assignment/quizzes unless documentation for the excused absence is provided to the instructor in advance. Inclass assignments/quizzes will count 80 points toward your final grade and will consist of the materials from lectures, readings, and discussion topics (each will be worth at least 5 pts).

3.

Case Reviews: Students will locate and research a legal case (25 points) in recreation, sport, parks, or tourism. The following are the requirements for the paper.

a.

Summarize the case and identify the ten most essential facts in the case. b. Identify the question(s) of law that the court is attempting to answer. c. Identify the decision(s) of the court as it applies to the question(s) of law identified. d. Summarize the reasoning of the court as to the decision(s) reached. e. Offer your reaction to the decision and the court’s rationale. f. Identify and explain the most important implications for practitioners.

4.

“Current Legal Issues” Presentation:

Each student will be assigned to a group of 3 or

4 (depending on a size of the class) and prepare a presentation lasting no more or no less than 20 minutes. Students are expected to choose a topic that reflects current legal, policy or risk management issues. The topic should be reasonably related to recreation, sport, parks, or tourism. There are no formal guidelines or requirements for the presentation contents, but students are encouraged to specify the problem statement facing the proposed legal issues; explain the application; provides examples or relevant case laws; discuss pros and cons; and state whether you agree with the proposed law or policy. The purpose of this presentation is to explore topics in further depth and to create an awareness of news surrounding legal issues of the course context.

5.

Exams : Three exams will be administered during the semester. Exam content will be based heavily on materials from the lectures, texts, legal cases and associated readings. The first two exams are valued at 80 points and the third exam (cumulative) is worth 100 points.

Requirements for class attendance, make-up exams, assignments, and other work consistent with university policies that can be found at: https://catalog.ufl.edu/ugrad/current/regulations/info/attendance.aspx

.

Make-up exams will be given in the instance where a student has an excused absence and the instructor is notified prior to the exam date. The third exam will not be administered to any student for any reason prior to the scheduled date.

6.

Risk Management Manual Project : Each student will be assigned to a group of 3 or 4

(depending on a size of the class) and develop a risk management manual for a recreation, tourism, or sport organization of a group’s choice. A guideline for the project will be uploaded to Canvas during the semester.

Course Requirements Summary

Participation (News articles):

In-Class Assignment/Quizzes:

15 pts

80 pts

Current Legal Issues Presentation: 20 pts

Legal Case Review:

RM Project/Presentation:

Exam 1:

Exam 2:

25 pts

50 pts

80 pts

80 pts

Exam 3:

Total:

100 pts

450 pts

Grading Scale (Letter, Percentage, GPA)

A 93-100 (4.0)

A- 90-92 (3.67)

B+ 87-89 (3.33)

B 84-86 (3.0)

B- 80-83 (2.67)

C+ 77-79 (2.33)

C 74-76 (2.0)

C- 70-73 (1.67)

D+ 67-69 (1.33)

D 64-66 (1.0)

D- 60-63 (0.67)

E Below 60 (0)

Week

W1

W 2

W 3

W 4

W 5

W 6

W 7

W 8

W 9

W 10

W 11

W 12

W 13

W 14

W 15

W 16

M

W

Course Calendar (Tentative)

Reading Date Topics

8/24 Course Introduction (syllabus)

8/26 Legal Trends Spengler pp. xiii-14

Assignment Due

F 8/28 U.S. Legal System

M

W

F

M

W

F

8/31 Legal Research

9/2 Tort Law

9/4 Tort Law (cont.)

9/7 No Class (Labor Day)

9/9 Defenses to Negligence

9/11 Intentional Torts & Defenses

M

W

9/14 Criminal Liability

9/16 Product Liability

F 9/18 Contractual Protections

M 9/21 Contractual Protections (cont.)

W 9/23 Review for Exam 1

F 9/25 Exam 1

M 9/28 Risk Management Overview

W 9/30 Medical Emergency Action Plan

F 10/2 Current Legal Issues Presentation

M 10/5 Standards: Supervision & Transportation

W 10/7 Standards: Facilities

F 10/9 Current Legal Issues Presentation

M 10/12 Outdoor Recreation Liability

W 10/14 Hospitality and Tourism Law

F 10/16 Current Legal Issues Presentation

Spengler pp. 19-29

Spengler pp.15-18

Spengler pp.33-39

Spengler pp.49-63

Spengler pp.76-107

Spengler pp.41-48

Spengler pp.63-74 Legal Case Review

Spengler pp.149153

Spengler pp.290-295

Spengler pp.277-290

Spengler pp.297-314

Spengler pp.223-244

Spengler pp.244-251 M 10/19 Property Law

W 10/21 Review for Exam 2

F 10/23 Exam 2

M 10/26 Constitutional Rights

W 10/28 Constitutional Rights (cont.)

F 10/30 Current Legal Issues Presentation

M 11/2 Playground Liability Issues

W 11/4

F

M

W

F

M

W

F

M

W

F

M

W

F

M

W

11/6 No Class (Homecoming)

11/9

11/11

11/13

11/16

11/18

11/20

11/23

11/25

11/27

11/30

12/2

12/4

Cruise Ship Liability

Gender Discrimination

No Class (Veterans Day)

Special Topics

Employment Law

Employment Law (cont.)

TBA

Risk Management Project Presentations

No Class (Thanksgiving)

No Class (Thanksgiving)

Risk Management Project Presentations

Risk Management Project Presentations

Risk Management Project Presentations

Spengler pp.111-146

Spengler pp.327-337

Spengler pp.191-200

Spengler pp.185-189

Spengler pp.205-219

RM Project Report

12/7 Review for Exam 3

12/9 Exam 3

* Dates and topics are subject to change as necessary and adjustment will be announced during class.

Memo

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