INDIANA HIGH SCHOOL MOCK TRIAL 2019 CASE MATERIALS BACKGROUND During a hot August afternoon in Marbury, Indiana, the Marbury Academy (“Marbury Academy”) Marching 76ers were practicing for that Friday night’s half-time performance, the first home game of the season. Purdue University had contacted the high school’s band director, Marion Roberts (“Roberts”), to inform him/her that the university wanted to offer a scholarship to the high school’s top-performing member of the senior class. The recruiter, who would be on campus that Friday night, told Roberts that the scholarship had come down to two section leaders: Addison Cowell (“Cowell”), the leader of the trumpets and Glenn Miller (“Miller”) the leader of the trombones. Roberts worked with both Cowell and Miller, but had a longer history with Miller. Cowell moved to Marbury between his/her sophomore and junior year. Miller has been a part of Marbury Academy since Kindergarten and enjoyed a good relationship with both the band program and the school personnel. On the afternoon in question, the band was practicing in one of the school’s parking lots. The temperature was in the 90s with a high humidity and no clouds in the sky. Because Cowell was late to practice, Roberts disciplined Cowell by requiring Cowell to run laps around the track during practice. The school athletic trainer, Alex/Alexis Schmitt (“Schmitt”), had been taking wet-bulb readings with the school’s wet-bulb globe temperature instrument, to monitor the conditions for students participating in outdoor activities. When the wet-bulb readings reached a critical level, it was school policy that Schmitt, as athletic trainer, must notify coaches for outdoor activities that they had to move their teams inside. On the afternoon in question, the wet-bulb readings reached the critical level and Schmitt made the required notification to the coaches. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
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INDIANA HIGH SCHOOL MOCK TRIAL2019 CASE MATERIALS
BACKGROUND
During a hot August afternoon in Marbury, Indiana, the Marbury Academy (“Marbury Academy”) Marching 76ers were practicing for that Friday night’s half-time performance, the first home game of the season. Purdue University had contacted the high school’s band director, Marion Roberts (“Roberts”), to inform him/her that the university wanted to offer a scholarship to the high school’s top-performing member of the senior class. The recruiter, who would be on campus that Friday night, told Roberts that the scholarship had come down to two section leaders: Addison Cowell (“Cowell”), the leader of the trumpets and Glenn Miller (“Miller”) the leader of the trombones.
Roberts worked with both Cowell and Miller, but had a longer history with Miller. Cowell moved to Marbury between his/her sophomore and junior year. Miller has been a part of Marbury Academy since Kindergarten and enjoyed a good relationship with both the band program and the school personnel.
On the afternoon in question, the band was practicing in one of the school’s parking lots. The temperature was in the 90s with a high humidity and no clouds in the sky. Because Cowell was late to practice, Roberts disciplined Cowell by requiring Cowell to run laps around the track during practice.
The school athletic trainer, Alex/Alexis Schmitt (“Schmitt”), had been taking wet-bulb readings with the school’s wet-bulb globe temperature instrument, to monitor the conditions for students participating in outdoor activities. When the wet-bulb readings reached a critical level, it was school policy that Schmitt, as athletic trainer, must notify coaches for outdoor activities that they had to move their teams inside. On the afternoon in question, the wet-bulb readings reached the critical level and Schmitt made the required notification to the coaches.
The school’s custodian, Carl/Carly Reed (“Reed”) saw both the band and the football team move indoors. Reed also noticed a single student running slowly around the track. Reed went to Schmitt to tell the athletic trainer that someone was still running outside. By the time Schmitt got to the track, Cowell had collapsed from heat exhaustion. Cowell was rushed to Marbury County Memorial Hospital and admitted with injuries.
Cowell filed a lawsuit against Roberts and Marbury Academy seeking to recover damages as a result of what Cowell alleged were outrageous intentional actions by Roberts, and alternatively, negligent action by Roberts. Cowell not only alleges Roberts failed to perform his/her proper ministerial duties in making sure that all students were brought inside when the order was given by the trainer, but that Roberts actions were intentional. Cowell alleges that Roberts “had it out for him/her” because Roberts wanted Miller to get the scholarship to Purdue. By forcing Cowell to run laps in the oppressive heat, and by failing to make sure Cowell came inside when the warning was issued about the weather conditions, Cowell alleges Roberts was trying to make it difficult for Roberts to perform for the Purdue recruiter, so that Miller would receive the scholarship.
THIS BACKGROUND IS FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE REFERRED TO AT TRIAL – FOR IMPEACHMENT PURPOSES OR OTHERWISE.
The following witnesses are available to be called by the parties. Plaintiff witnesses may not testify or be called on behalf of the Defendant. Defense witnesses may not testify or be called on behalf of the Plaintiff. All witnesses may be female or male. See Rules
2.7, 3.7(a), 4.4, 4.11, and 4.17 for more details on witnesses
Plaintiff’s Witnesses: Addison Cowell – student and plaintiff Charley Winthrop – friend of Cowell Alex/Alexis Schmitt – athletic trainer
Defense Witnesses: Marion Roberts – band director and defendant Glenn Miller – student Carl/Carly Reed – custodian
EXHIBITS
Teams in competition may use the following exhibits. See Rule 4.11 for more details on exhibits.
1. Band Policy Handbook2. Roberts – O’Dee e-mails3. Roberts – Miller e-mails4. Marbury Academy Practice Policy for Heat and Humidity5. 3M Wet Globe Monitor Fact Sheet6. Marbury Academy Wet Globe Temperature Measurement and Record7. Campus Map of Marbury Academy8. Marbury Academy Accident Report9. Marbury County Memorial Hospital Discharge Papers10. “Robert’s Rules of the Band Room” – posted on outside of band room wall
CREDITS
1This case is based off an original work of fiction, authored by Subcommittee on the Problem of the Georgia High School Mock Trial Committee of the Young Lawyers Division of the State Bar of Georgia. The team of writers and editors who produced the original case were:
Hon. Michael H. Barker John Ratterree, II Christy Barker
Julie Culhane Lee Ann Feeley C. Elizabeth “Beth” Jones
Hon. Jennifer B. Mann Roy E. Manoll, III Michael Nixon
Jon Setzer Suzanne Smith Katie Wood
1The team of writers and editors who edited the original case into a case for Indiana students were:
Scott Barnhart Thomas Benton Collin Gruver Mike Lewinski
The Case Materials were created solely for the Indiana Bar Foundation for purposes of its Mock Trial Competition. Reproduction of the Case Materials are not permitted for any other purpose. The names and events described herein were intended to be fictional. Any similarity or resemblance of any character to an actual person or entity should be regarded as only fictional for purposes of this Mock Trial exercise. The Case Background is not to be used as evidence in the case, but rather is provided for background purposes only.
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STATE OF INDIANA ) ) SS: IN THE MARBURY CIRCUIT COURT
COUNTY OF MARBURY )
ADDISON COWELL, ))
Plaintiff, ))
v. ) CAUSE NO.: 93C01-1810-CT-013572)
MARBURY ACADEMY and MARION )ROBERTS )
)Defendants. )
COMPLAINT
Plaintiff, ADDISON COWELL (“Cowell”), by counsel, for his/her Complaint against the Defendants,
MARBURY ACADEMY (“Marbury Academy”) and MARION ROBERTS (“Roberts”), alleges and states as
follows:
General Allegations
1. At all times relevant herein, Plaintiff, Cowell, was and is a resident of Marbury County, State of Indiana.
2. At all times relevant herein, Defendant, Roberts, was and is the band director of Marbury Academy and
a resident of Marbury County, State of Indiana.
3. At all times relevant herein, Defendant, Marbury Academy, was and is a private school (K-12) located
in Marbury County, State of Indiana.
4. As part of his/her many extracurricular activities, Cowell performs in the Marbury Academy marching
band under the direction of Roberts.
5. At all times relevant hereto, Roberts was acting as an agent of Marbury Academy.
6. At all times relevant hereto, Roberts’ actions occurred during the course and within the scope of his/her
employment with Marbury Academy.
Count I – Negligence
7. Plaintiff incorporates the allegations in Paragraphs 1 – 6 of the Complaint as if fully set forth herein.
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8. On and before August 21, 2018, Marbury Academy undertook responsibility for the reasonable safety of
its students when it adopted a “wet bulb” temperature policy for outdoor activities, requiring all coaches
and other personnel to cease outdoor activities and either bring students indoors or end the activity
immediately upon being notified that the “wet bulb” reading exceeded the level stated on the policy.
The purpose of the policy was to provide for the health and safety of students at Marbury Academy,
including Cowell.
9. On August 21, 2018, the band was rehearsing on one of Marbury Academy’s parking lots. Cowell was
delayed in arriving at practice and Roberts ordered him/her to begin running laps on the school’s track.
10. The temperature during band practice was in the 90s and the humidity was high.
11. Following the wet bulb policy, Marbury Academy’s athletic trainer, Alex/Alexis Schmitt (“Schmitt”)
gave notice to the coaches that the outdoor activities were to cease and that all students were to move
indoors.
12. While Roberts moved the rest of the band members indoors, he/she failed to tell Cowell to move indoors
and, instead, left Cowell to run laps around the track.
13. Roberts and Marbury Academy owed Cowell a duty to use the same care and caution a reasonably
prudent person would use in the same position as Roberts and under the same or substantially similar
circumstances.
14. Roberts breached his/her duty to Cowell.
15. As a direct, reasonable, and proximate result of Roberts’ actions, Cowell was damaged by, among other
things, sustaining serious bodily injury.
16. Marbury Academy is vicariously liable for the negligent act of its employee, Roberts.
Count II – Intentional Infliction of Emotion Distress
17. Plaintiff incorporates the allegations in Paragraphs 1 – 15 of the Complaint as if fully set forth herein.
18. As a result of the actions and/or inactions of Roberts and Marbury Academy, Cowell suffered severe
emotional distress.
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19. The actions of Roberts and Marbury Academy were extreme and outrageous.
20. As a direct, reasonable, and proximate result, as Roberts’ intentional or reckless conduction aforesaid,
Cowell sustained mental suffering, terror, and fright.
21. Marbury Academy is vicariously liable for the intentional or reckless act of its employee, Roberts,
acting within the scope of his/her employment.
WHEREFORE, Cowell requests judgment be entered in favor of Cowell and against Defendants, Roberts and Marbury Academy in an amount proved by the evidence, for the costs of this action, and for any and all other relief that the Court may deem appropriate and proper, under the circumstances.
______________________________Macon Justice, esq.MOORE JUSTICE, P.C.1000 Meridian St.Indianapolis, INAttorney for Plaintiff
JURY DEMAND
Plaintiff respectfully requests trial by jury.
______________________________Macon Justice, esq.Attorney for Plaintiff
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STATE OF INDIANA ) ) SS: IN THE MARBURY CIRCUIT COURT
COUNTY OF MARBURY )
ADDISON COWELL, ))
Plaintiff, ))
v. ) CAUSE NO.: 93C01-1810-CT-013572)
MARBURY ACADEMY and MARION )ROBERTS )
)Defendants. )
DEFENDANT’S ANSWER TO COMPLAINT
Defendants, Marbury Academy (“Marbury Academy”) and Marion Roberts (“Roberts”), in response to
the “Complaint” filed by Plaintiff, Addison Cowell (“Cowell”), state as follows:
General Allegations
1. Marbury Academy and Roberts lack sufficient knowledge or information sufficient to admit or deny the
allegations of Paragraph 1 of the Complaint and, therefore, deny the allegations.
2. Marbury Academy and Roberts admit the allegations contained in Paragraphs 2 through 6 of the
Complaint.
Count I
3. For their response to the allegations contained in Paragraph 7 of the Complaint, Marbury Academy and
Roberts incorporate by reference their responses to Paragraphs 1 through 6 of the Complaint.
4. Marbury Academy and Roberts admit the allegations contained in Paragraphs 8 through 11 of the
Complaint.
5. Marbury Academy and Roberts deny the allegations contained in Paragraph 12 of the Complaint.
6. Marbury Academy and Roberts admit the allegations contained in Paragraph 13 of the Complaint.
7. Marbury Academy and Roberts deny the allegations contained in Paragraphs 14 through 16 of the
8. For their response to the allegations contained in Paragraph 17 of the Complaint, Marbury Academy and
Roberts incorporate by reference their responses to Paragraphs 1 through 16 of the Complaint.
9. Marbury Academy and Roberts deny the allegations contained in Paragraphs 18 through 21 of the
Complaint.
Rule 8 Affirmative Defenses
1. The injuries and damages allegedly sustained by Cowell were caused, in whole or in part, by the negligence or fault of Cowell, and for that reason, Cowell is not entitled to recover, or Cowell’s damages must be reduced accordingly, in accordance with Indiana’s Comparative Fault Act.
2. The injuries and damages allegedly sustained by Cowell were caused, in whole or in part, by the negligence or fault of one or more third parties, who are not a party to this case, and for that reason, Cowell is not entitled to recover, or Cowell’s damages must be reduced accordingly, in accordance with Indiana’s Comparative Fault Act.
3. Cowell assumed and/or incurred any risk, and for that reason, Cowell is not entitled to recover.
4. Cowell failed to mitigate his/her injuries and damages.
WHEREFORE, Marbury Academy and Roberts pray that Cowell take nothing by way of his/her Complaint; that judgment be entered in favor of Marbury Academy and Roberts; and for such other and further relief as is just and proper.
______________________________Shirley Wiede-WynnHowe Dewey Wynn, LLP26 W. Main St.Carmel, INAttorney for Defendants
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STATE OF INDIANA ) ) SS: IN THE MARBURY CIRCUIT COURT
COUNTY OF MARBURY )
ADDISON COWELL, ))
Plaintiff, ))
v. ) CAUSE NO.: 93C01-1810-CT-013572)
MARBURY ACADEMY and MARION )ROBERTS )
)Defendants. )
STIPULATIONS
1. All exhibits included in the problem are authentic and accurate in all respects, and no objections to the
authenticity of the exhibit shall be entertained.
2. Stipulations cannot be contradicted or challenged and are considered to be within the knowledge of each
of the witnesses.
3. The signatures on the witness statements and all other documents are authentic.
4. Exhibit 7 fairly and accurately depicts the item, scene, view, photo, information, and/or geography it
purports to depict.
5. Exhibits 1, 4, 5, and 10 are admissible without further foundation. The proper evidentiary foundation
has been laid for the admission of Exhibits 2 and 3, except for relevance.
6. Exhibits 6, 8, and 9 are documents kept in the ordinary course of business or as part of the ordinary
conduct of an organization or enterprise; it is part of the ordinary course of business of that organization,
business, or enterprise to compile the data or information; the information was made for the purpose of
recording the occurrence of an event, act, condition, opinion, or diagnosis that takes place in the
ordinary course of the business or enterprise; the entry in the record or the compiling of the data was
made at or near the time when the event took place; and the recording of the event was made by
someone who has personal knowledge of it.
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7. Alex/Alexis Schmitt’s handwriting appears on Exhibit 6.
8. Alex/Alexis Schmitt completed Exhibit 8.
9. At all relevant times, Marion Roberts’ actions occurred during the course and within the scope of his/her
employment with Marbury Academy as Band Director for the high school marching band.
10. Marbury Academy is a private K-12 school in Marbury, Indiana.
11. All students participating in the Marbury Academy marching band for the 2018-19 school year received
Exhibit 1 and signed the acknowledgement.
12. The e-mails from Marion Roberts in Exhibits 2 and 3 were sent through Roberts’ school e-mail address.
______________________________ ______________________________Macon Justice, esq. Shirley Wiede-WynnAttorney for Plaintiff Attorney for Defendant
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STATE OF INDIANA ) ) SS: IN THE MARBURY CIRCUIT COURT
COUNTY OF MARBURY )
ADDISON COWELL, ))
Plaintiff, ))
v. ) CAUSE NO.: 93C01-1810-CT-013572)
MARBURY ACADEMY and MARION )ROBERTS )
)Defendants. )
JURY INSTRUCTIONS
501 Introduction to the Court’s Final InstructionsAs I said in my preliminary instructions, judges and jurors perform different tasks. I instructed you on the law at the start of this trial, and I will now further instruct you on the law. You will decide the facts of this case. Then you will decide the outcome of this case by applying all of my instructions to those facts.
502 Sympathy, Bias, PrejudiceDo not base your verdict[s] on sympathy, bias, or prejudice.
503 Instructions Considered as a WholeConsider all of my preliminary and final instructions together. Do not single out any individual sentence, point, or instruction and ignore the others.
509 Greater Weight of the Evidence (Preponderance of the Evidence)Evidence is of the greater weight if it convinces you more strongly of its truthfulness. It is evidence that convinces you that something is more probably true than not true. A greater number of witnesses testifying to a fact on one side or a greater quantity of evidence introduced on one side does not necessarily amount to the greater weight of the evidence.
513 Direct Evidence & Circumstantial EvidenceThe parties in this case may prove a fact by one of two types of evidence—direct evidence or circumstantial evidence.
Direct evidence is direct proof of a fact. Circumstantial evidence is indirect proof of a fact.
For example, direct evidence that an animal ran in the snow might be the testimony of someone who actually saw the animal run in the snow. On the other hand, circumstantial evidence that an animal ran in the snow might be the testimony of someone who only saw the animal’s tracks in the snow.
It is not necessary that any fact be proved by direct evidence. You may consider both direct evidence and circumstantial evidence as proof.
515 Credibility of Witnesses—Weighing EvidenceYou alone are the judges of the evidence, including the credibility of witnesses. Credibility means believability. A credible witness is a witness whose testimony you believe.
In considering the testimony of any witness, you may take into account his or her ability and opportunity to observe what he or she has testified about; the manner and conduct of the witness while testifying; any interest, bias, or prejudice the witness may have; any relationship the witness may have with other witnesses or interested parties; and the reasonableness of the witness’s testimony considered in the light of all the evidence you have heard.
Assume that each witness has testified truthfully. If you find conflicts in the evidence, reconcile those conflicts, if you can, based on the assumption that each witness has testified truthfully.
Do not disregard the testimony of any witness without a reason and without careful consideration. If you find conflicting testimony that you cannot reconcile, decide what testimony you believe and what testimony you disbelieve.
In deciding what or whom you believe, you should use your own knowledge, experience, and common sense gained from day-to-day living.
517 Impeachment of Witness—Prior Inconsistent Acts, Statements, TestimonyA. Parties may attack the credibility of a witness by showing that the witness made a statement or behaved
in a manner inconsistent with the witness’s testimony. You may consider the fact that the witness spoke/acted inconsistently with his testimony in this case only to determine the weight you will give to that witness’s testimony given during this trial.
B. However, if a witness testified inconsistently under oath either in this case or in any other case or court proceeding, you may also consider the content of the witness’s prior inconsistent statement as evidence in this case.
521 Expert WitnessGenerally, a witness may not express an opinion. However, a witness may be permitted to express an opinion because of his/her knowledge, skill, experience, training, or education.
Judge opinion testimony in the same manner that you judge other testimony. In deciding how much weight to give opinion testimony, you may also take into consideration:
(1) the witness’s skill, experience, knowledge, and familiarity with the facts of this case; (2) the reliability of the information supporting the witness’s opinions; and (3) the reasons for the opinions.
523 Agreed/Stipulated FactsThe parties in this case have agreed that certain facts are true. You must accept the stipulated facts as true:
529 Inadmissible EvidenceYou must not consider testimony or exhibits that were not admitted into evidence.
543 Jury DeliberationsTo return a verdict, all of you must agree to it. In other words, it must be unanimous. Each of you must decide the case for yourself, but only after considering and discussing the evidence with each other. You should try to agree on a verdict, if you can do so without compromising your individual judgment. Do not hesitate to re-
examine your own views and change your mind if you believe you are wrong. But do not give up your honest belief just because the other jurors may disagree, or just to end the deliberations.
545 Jury ManagementWhen you return to the jury room, select one of your members as presiding juror to manage the deliberations.
No one will be allowed to hear your discussions and no recording will be made of what you say. The bailiff is available to assist you with personal needs, but cannot answer any questions about the case.
If you have any questions for me, you must put them in writing and give them to the bailiff, and I will respond as the law permits. You may be able to find answers to your questions by reviewing my written instructions and all the evidence.
If at any time you are not all together, or if you are outside the jury room, you must not talk about the case among yourselves or with anyone else.
I am giving you forms of possible verdicts. The presiding juror must sign and date the verdict[s] to which you all agree. Do not sign any verdict form for which there is not unanimous agreement.
When you have agreed upon [a] verdict[s], inform the bailiff. When the parties are present, the bailiff will bring you back to court. Bring all verdict forms, signed and unsigned, with you at that time. I will read the verdict aloud. Each of you may be asked if it is your verdict. Otherwise, you are under no obligation to discuss your verdict or deliberations with anyone.
901 Issues for Trial; Burden of ProofThe Plaintiff, Addison Cowell, sued Marion Roberts and Marbury Academy, the Defendants
Cowell claims that Roberts negligently performed the ministerial act of bringing him/her indoors or ending practice for him/her when the “wet bulb” reading exceeded the level stated in the school’s policy. Additionally, Cowell claims that Marbury Academy is vicariously liable for Roberts’ negligence. Cowell must prove his/her claims by a preponderance of the evidence, that is, the greater weight of the evidence.
Roberts and Marbury Academy deny Cowell’s claims. Neither are required to disprove Cowell’s claims.
903 Elements; Burden of ProofCowell claims Roberts and Marbury Academy were negligent.
To recover on this claim, Cowell must prove by the greater weight of the evidence that:1. Roberts/Marbury Academy failed to act by not ensuring that Cowell stopped running laps on the track
and come inside with the rest of the marching band; 2. Roberts’/Marbury Academy’s failure to act was negligent; 3. Roberts’/Marbury Academy’s failure to act was a responsible cause of Cowell’s claimed injuries; and 4. Cowell suffered damages as a result of the injuries.
Roberts and Marbury Academy deny Cowell’s claims. Neither are required to disprove Cowell’s claims.
905 Burden of Proof for Plaintiff’s Fault in a Comparative Fault CaseRoberts and Marbury Academy claim Cowell’s own fault contributed to the injury Cowell claims to have suffered, and that Cowell’s fault was a responsible cause of the injury.
Roberts and Marbury Academy have the burden of proving by the greater weight of the evidence that Cowell was at fault.
907 Comparative Fault—DefinitionYou must decide this case according to the Indiana law of comparative fault. The term “fault” refers to conduct that makes a person responsible, in some degree, for an injury.
909 Negligence—DefinitionNegligence is the failure to use reasonable care.
A person may be negligent by acting or by failing to act. A person is negligent if he or she does something a reasonably careful person would not do in the same situation, or fails to do something a reasonably careful person would do in the same situation.
911 Reasonable Care—DefinitionReasonable care means being careful and using good judgment and common sense.
917 Responsible Cause (Proximate Cause)—DefinitionA person’s conduct is legally responsible for causing an injury if:
(1) the injury would not have occurred without the conduct, and(2) the injury was a natural, probable, and foreseeable result of the conduct.
This is called a “responsible cause.”
There can be more than one responsible cause for an injury.
918 Foreseeable—DefinedAn injury is “foreseeable” when a person should realize that his/her act or failure to act might cause that injury.
919 Intervention of Outside CauseSometimes an unrelated event breaks the connection between a defendant’s negligent action and the injury a plaintiff claims to have suffered. If this event was not reasonably foreseeable, it is an “intervening cause.”
When an intervening cause breaks the connection between a defendant’s negligent act and a plaintiff’s injury, a defendant’s negligent act is no longer a “responsible cause” of that plaintiff’s injury.
921 Incurred Risk/Assumed Risk—Comparative Fault OnlyRoberts and Marbury Academy claim Cowell knew of a specific danger, understood the risk he/she faced, and voluntarily exposed herself/himself to the danger. In other words, Roberts and Marbury Academy claim Cowell voluntarily assumed the risk.
To prove Cowell assumed the risk, Roberts and Marbury Academy must prove by the greater weight of the evidence that:
(1) Cowell knew and appreciated the specific risk; and (2) Cowell voluntarily accepted the risk.
If you decide that Cowell assumed the risk, then that conduct is fault that you should assess against Cowell.
941 Comparative Fault—Apportionment—One Plaintiff/One DefendantTo decide if Cowell is entitled to recover damages from Roberts and Marbury Academy, and if so, the amount of those damages, apportion the fault of Cowell and Marbury Academy (acting through Roberts) on a
First, if Roberts is not at fault, return your verdict for Roberts and against Cowell; and deliberate no further. (Use Verdict Form 5001(A).)
If Roberts is at fault, decide Roberts’ percentage of fault, and the percentage of fault, if any, of Cowell and Marbury Academy (acting through Roberts) that caused Cowell’s injuries. These percentages must total 100 percent. Do not apportion fault to any other person or entity.
Next, if Cowell’s fault is greater than 50 percent, return your verdict for Roberts and against Cowell in this case, and deliberate no further. (Use Verdict Form 5001(B).)
However, if you decide that Cowell’s fault is 50 percent or less, then: (1) Decide the total amount of Cowell’s damages, if any. Do not consider fault when you decide this
amount. (2) Multiply Cowell’s total damages by Roberts’ percentage of fault. (3) Return your verdict for Cowell and against Roberts in the amount of the product of that multiplication.
(Use Verdict Form 5001(C).)
I will give you verdict forms that will help guide you through this process.
2905 Intentional Infliction of Emotional Distress—DefinitionIntentional infliction of emotional distress occurs when a person, by extreme and outrageous conduct, intentionally or recklessly causes severe emotional distress to another.
2907 Intentional Infliction of Emotional Distress—ElementsTo recover damages for intentional infliction of emotional distress, Cowell must prove all of the following by the greater weight of the evidence:
(1) Roberts and Marbury Academy, by their extreme and outrageous conduct, (2) intentionally or recklessly (3) caused (4) severe emotional distress to Cowell.
2909 Extreme and Outrageous Conduct—DefinitionConduct is extreme and outrageous when it goes beyond all possible bounds of decency, is atrocious, and is utterly intolerable in a civilized community.
3505 Agency—Corporate Officers or EmployeesA corporation acts through its agents. If, within the scope of his/her authority, a corporation’s agent wrongfully acts or fails to act, the corporation is liable for that action or inaction.
3507 Principal, Agent—DefinedA principal is one who authorizes another to act on its behalf, subject to the principal’s control. The authorized person is called an agent.
3509 General Agent—DefinitionA general agent is one who agrees with a principal to handle all of the principal’s business of a particular kind. The principal has given the general agent the authority to handle that business.
3527 Respondeat Superior—Vicarious LiabilityAn employer is liable for the negligent act of its employee done within the scope of his/her employment, if the
act is a responsible cause of injury to the plaintiff.
However, even if the employee is acting within the scope of his/her employment, an employer is not liable for the negligent act of its employee where the act is done on the employee’s own initiative and is not done in the service of the employer.
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Applicable LawThe following excerpts are from statutes, restatements, and case law concerning the legal issues raised in this Mock Trial case. Only those portions listed below may be used in the course of the trial.
To recover on a theory of negligence, a plaintiff must establish three elements: (1) defendant’s duty to conform his conduct to a standard of care arising from his relationship with the plaintiff, (2) a failure of the defendant to conform his conduct to that standard of care, and (3) an injury to the plaintiff proximately caused by the breach. Estate of Heck v. Stoffer, 786 N.E.2d 265, 268 (Ind. 2003).
The tort of negligence consists of three elements: 1) a duty owed by the defendant to the plaintiff; 2) a breach of that duty; and 3) injury to the plaintiff resulting from the defendant’s breach. Kramer v. Catholic Charities of the Diocese of Fort Wayne-South Bend, Inc., 32 N.E.3d 227, 231 (Ind. 2015).
The tort [of intentional infliction of emotional distress] arises when a defendant: (1) engages in “extreme and outrageous” conduct that; (2) intentionally or recklessly; 3) causes; (4) severe emotional distress to another.” Bradley v. Hall, 720 N.E.2d 747, 752 (Ind. Ct. App. 1999) (quoting Doe v. Methodist Hosp., 690 N.E.2d 681, 691 (Ind. 1997)).
It is the intent to harm one emotionally that forms the basis for the tort [of intentional infliction of emotional distress]. Id. (citing Cullison v. Medley, 570 N.E.2d 27, 31 (Ind. 1991)).
The question of what amounts to extreme and outrageous conduct depends in part on prevailing cultural norms and values. McCullough v. Noblesville Schools, 63 N.E.3d 334, 342 (Ind. Ct. App. 2016) (citing Bah v. Mac’s Convenience Stores, LLC, 37 N.E.3d 539, 549 (Ind. Ct. App. 2015)).
IC 34-51-2-5 Effect of contributory faultIn an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately
the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery except as provided in section 6 of this chapter.
IC 34-51-2-6 Barring of recovery; degree of contributory fault
(a) In an action based on fault that is brought against:(1) one (1) defendant; or(2) two (2) or more defendants who may be treated as a single party;
the claimant is barred from recovery if the claimant's contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant's damages.
IC 20-34-7-7 Certified coaching education course for interscholastic sport coaches; intramural sport election; coaching services immunity (c) Before coaching a student athlete in any sport, a head coach and every assistant coach described in subsection (b) must complete a certified coaching education course that:
(1) contains player safety content on concussion awareness;(2) after December 31, 2018, includes content for prevention of or response to heat related medical issues that may arise from a student athlete's training;(3) requires a head coach or an assistant coach to complete a test demonstrating comprehension of the content of the course; and(4) awards a certificate of completion to a head coach or an assistant coach who successfully completes the course…
(e) A head coach and every assistant coach described in subsection (b) must complete a course described in subsection (c) at least once each two (2) year period. If a head coach or an assistant coach receives notice from the school that new information has been added to the course before the end of the two (2) year period, the head coach or the assistant coach shall:
(1) complete instruction; and(2) successfully complete a test;
concerning the new information to satisfy subsection (c)…
The cases thus far decided have found liability only where the defendant’s conduct has been extreme and outrageous. It has not been enough that the defendant has acted with an intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by “malice,” or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, “Outrageous!” Comment (d) of the Restatement (Second) of Torts § 46 (1965).
SIGNED AND SWORN to me before 8:00 am on the day of this round of the 2019 Indiana High School Mock Trial Competition.
_______________________________________C.M. McCormack, Notary Public
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Marbury Academy Marching 76ers
Student Policy HandbookRehearsal Procedures Rehearsal time is short, and every moment is used for actual rehearsal purposes. If a student delays the rehearsal for as little as one minute, that student has wasted a great deal of time because every other member of the band has also been forced to waste one minute.
The following guidelines are used in all fine performing arts organizations and are the foundation of our rehearsal procedure:
1. If one is late, all must wait! Remember the attendance policy (outlined below)
2. Band members should bring the following items to all rehearsals: a. instrumentb. all music and/or chartsc. reeds, mutes, oils, cork grease, etc.d. pencil!e. water bottle – hydrate, hydrate, hydrate!!!
3. Upon arrival to the practice field, all non-productive attitudes and behavior will cease. Once in rehearsal, students’ main focus needs to be on having a productive rehearsal. This means that loud talking will end after admittance.
4. All personal belongings are to be left by the director’s stand upon entering the practice lot.
5. Band members should spend the pre-rehearsal time assembling their equipment (instrument, music, stand, etc.) necessary for rehearsal.
6. When someone is on the podium, students’ full attention must be given to that person; nothing should be allowed to distract. Students must be quiet, listen, and watch.
7. Chewing gum prevents a student from playing correctly and poses a safety risk. Chewing gum, candy, or the presence of any other food item will not be allowed in any part of the rehearsal room. Being caught with food or drink items indicates that a student does not care about the facility or for other band members. The resulting disciplinary action will be at the discretion of the band director.
8. The rehearsal room must be kept clean and orderly. It should emit a sense of pride. Students should store their instruments and music in assigned places. The rehearsal room is not a locker room. Books and other personal belongings are not to be left in the rehearsal room or the instrument storage room.
9. Physical fitness is a must! We will be practicing and marching in hot, humid conditions, especially at the beginning of the season. Practices after school are typically 2-3 hours. Saturday practices (held during away-game weekends) will typically last from 9 am to 8 pm. In addition to the practices, we will be marching in parades that can stretch for more than 5 miles and take several hours to complete. Students are required to stay in good physical condition in order to be able to participate in rehearsals, games and parades.
SUPERIOR BANDS ARE THE RESULT OF SUPERIOR REHEARSALS!
Marching Band Attendance Policy Full attendance to every rehearsal and performance is crucial to having an outstanding, rewarding season. Since this is an extracurricular activity, students and parents/guardians must bear in mind that membership to the ensemble is contingent upon each student’s individual effort to maintain a high level of excellence during rehearsals and performances.
Attendance is vital to the success of any band. As a member of the band program, each student occupies an important part and space in each band function. Every band member is expected to attend all major functions by his/her organization. These functions include rehearsals, concerts, adjudicated festivals, scheduled football games, and parades.
Please note the following quote from the Indianapolis Star, SPRING 2010: “It is permissible under state law to include after-school activities as part of a student’s grade as long as membership is not determined competitively.”
If an absence is absolutely necessary, the student must contact a director in advance. If an absence occurs due to an unexpected circumstance, the student must bring a written excuse to the directors upon returning to the band. In both expected and unexpected absence situations, excuses are to be signed by the parent.
The attendance policy is as follows:
Excused Absences Absences will be monitored by the section leaders and recorded by the band secretary and director.
Excused absences from rehearsals include personal illness (accompanied by a parent/guardian or doctor’s note), sudden death in the immediate family, and Marbury Academy school-related events only. Excused absences from performances only include personal illness (doctor’s note required) and sudden death in the immediate family. Unexcused absences include every other reason, such as work, transportation problems, stomachache, headache, etc.
If a student is going to miss a rehearsal or performance, and he/she knows ahead of time, it is the student’s responsibility to fill out a “Request for Excused Absence” form at least 2 weeks in advance and turn it into the band director.
If a student is sick (vomiting or running a high temperature) or has a death in the family, then a parent/guardian MUST attempt to contact the band director on the date of the absence. The student must also fill out a Request for Excused Absence report and attach a note from a parent/guardian and/or doctor and turn it in to the band director on the date that he/she returns to school.
Request forms are found on the web site: www.marching76ers.org in the “Important Band Forms” section of the website or in the band room.
Contact Information: Band Director – Marion Roberts – [email protected] – 317-555-1222 Band Booster President – Austin Miller – [email protected]
Tardies If anyone is late, all must wait!
Attendance will be taken by the section leaders and recorded by the band secretary. Anyone not present at the conclusion of attendance-taking will be counted tardy. All members tardy on any given day will be responsible for staying after the conclusion of the rehearsal to assist the directors, staff, and other students in clearing the field, cleaning the field, or removal of equipment. Any student who accumulates 4 tardies will not be allowed to perform at the next performance. The offending student will dress out, travel, and will be required to sit with the director or a designated parent for the duration of the event. Any tardies beyond 4 will result in the same punishment and possible dismissal from the ensemble.
Unexcused Absences If the student has one unexcused absence, then he/she will have to remain in the Marching Band
section of the stands during the 3rd quarter break at the next football game. If the student has two unexcused absences, then he/she will have to dress out and sit with the
Director or parent that the director designates on the bus and in the stands. The student WILL NOT perform for that game.
If the student has three unexcused absences, then the director reserves the right to dismiss the student from the band.
CONSEQUENCES Listed below are some consequences that students may incur due to failing to follow the procedures and policies listed in the Band Organizations/Course Offerings that they received on the first day of school. Push ups Run laps around track during and/or after practice Stay and clean up field Stay and clean up band room Lose 3rd quarter break Lose right to perform Do what was missed (i.e. If they are late 15 minutes and they missed playing music, then the
student shall stay and play music for 15 minutes. If they missed drill, then they stay and makeup drill, etc.)
Any disciplinary action deemed appropriate by the directors and/or staff members
Withdrawal/Dismissal from Marching Band Withdrawal from the marching band creates a hardship for the entire band. Students who withdraw in mid-season will forfeit all rights and privileges as band members and may be prohibited from signing up for band or band events in the future.
After all other courses of action have been pursued, the directors reserve the right to dismiss any person from the band who constantly fails to meet the expectations of the Marbury Academy Band program.
Extra Rehearsals and Public Performances Due to the complex nature of a quality band program, rehearsals outside of class time are necessary. Generally, such rehearsals will be scheduled well in advance so that all conflicts can be avoided. All rehearsals are required.
Most of the performances of the band are scheduled outside of school hours and are required. At times, last minute rehearsals or performances may arise. The director will announce any changes in the calendar as soon as possible. If there is a conflict on a sudden event, then an arrangement will be worked out by the student and the director.
Individual Practice It is the responsibility of each band member to practice his/her individual music outside of band rehearsal time. Individual practice time should be spent on music, scales, and etudes assigned by the directors or private instructor. Practicing assures that the student is strengthening fundamental skills and learning assigned music. Furthermore, the individual improvement will directly affect the overall improvement, abilities, and success of the entire band.
Students are strongly encouraged to take lessons with a qualified private instructor. Students will increase their rate of improvement and success on their instrument by a notable margin. To obtain a private instructor, e-mail Mr. Roberts at [email protected].
2018-19 ScheduleAll practices will take place on the lower parking lot behind the visitor’s stands unless otherwise noted. Members are expected to check in with their section leader at least 5 minutes before the stated practice time.
School year practice schedule: Monday........ Sections: 3:00 – 4:00 Tuesday....... 4:00 – 7:30 Wednesday. . 3:00 – 5:00
Thursday...... 4:00 – 7:30 (walkthrough) Saturday...... See schedule below
Members are expected to check in with their section leader at the stated times below for games, parades, and other events. Game check-in will occur in the band room.
Date Time EventJune 17 – 23, 2018
See Band Camp Schedule
IU Summer Music Clinic (Indiana University – Bloomington)
July 23 - 27 9:00 am – 4:00 pm Camp (Marbury Academy)
Wed, Aug 1 4:00 – 6:00 pm First practice (start schedule above)
Fri, Aug 17 6:00 pm Dillon HS (H - Scrimmage) - “Dress” Rehearsal (band t-shirts, no uniforms)
Oct 5 5:00 pm J.P. Wynne HS (A) – we will travel to Wynne on the bus
Oct 12 6:00 pm Welton Academy (H) – Senior Night
Sat, Oct 13 TBD Open A Regional Marching Band (Center Grove HS, Greenwood)
Fri, Oct 19 6:00 pm Sectional – Round 1 (H)
Sat, Oct 20 TBD Bands of America Super Regional (Lucas Oil Stadium, Indianapolis)
Sat, Oct 27 TBD Open A Semi-State Marching Band (Ben Davis HS, Indianapolis)
Nov 4 TBD State Marching Band Finals (Lucas Oil Stadium, Indianapolis)
Mon, Nov 12 6:30 am – 5:00 pm Indianapolis Veteran’s Day Parade (Indianapolis)
Nov 18 – 24 See Travel Schedule Macy’s Thanksgiving Day Parade (New York City, NY)
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Marbury Academy Marching 76ers
Policy Acknowledgement Form
Student Name ________________________________________________
Section ___________________________
I, the undersigned, hereby acknowledge that I have received, reviewed and do agree to all of the policies set forth in the Marbury Academy Marching 76ers Band Policy Handbook.
I understand it is my duty to uphold the rules and regulations of the Marching 76ers and that my participation with the Marching 76ers is voluntary and can be terminated at any time by myself or the band director.
I understand what is expected of me as a member of the Marching 76ers and accept the consequences outlined in the Policy Handbook.
____________________________________________ ____________Student Date
____________________________________________ ____________Parent Date
____________________________________________ ____________Marion Roberts, Band Director Date
From: Marion RobertsSent: Wednesday, August 22, 2018 1:25 PMTo: Rem O’DeeSubject: Re: Purdue University “All-American” Marching Band Scholarship Letter
Ms. O’Dee,
I apologize if my earlier e-mail came across as trying to sway your opinions of the students. As you pointed out, there are a few others that have some talent that may fit the “All-American” Marching Band, but once we take the field, I truly believe you will be most impressed by our trombone (and other brass) section.
See you Friday!
Marion RobertsDirector, Marbury Academy Marching 76ers
I have always believed that 98% of a student's progress is due to his own efforts, and 2% to his teacher. - John Philip Sousa
From: Remington O’DeeSent: Wednesday, August 22, 2018 10:15 AMTo: Marion RobertsSubject: Re: Purdue University “All-American” Marching Band Scholarship Letter
Dear Marion,
Thank you for your warm invitation to visit the band facilities this Friday before the performance. I would love to. I should be at Marbury Academy at about 4:30; would this give us enough time so as to not interfere with your band’s preparations?
As to your trombone section leader, I appreciate the glowing endorsement of Mr./Ms. Miller. However, I am coming to view the entire program and pick out the best possible candidate for the scholarship. It would seem inappropriate for a director to play favorites for a scholarship that is open to the best of the entire senior class. I am sure I will notice Mr./Ms. Miller on Friday night, as well as the other wonderful leaders and performers you have so aptly trained. I would hate to see the progress of a scholarship derailed due to the unnecessary involvement of someone in your position.
I look forward to meeting you and the Marching 76ers Friday evening!
Remington “Rem” O’DeeDirector of Band Scholarship and Academic Progress
From: Marion Roberts Sent: Friday, August 17, 2018 10:47 AMTo: Remington O’DeeSubject: Purdue University “All-American” Marching Band Scholarship Letter
Dear Mr. O’Dee,
I just received your letter regarding the scholarship opportunity for the Purdue marching band possibly being offered to one of the Marbury Academy Marching 76ers. I am very excited that the All-American Marching Band has taken notice of our humble operations here in Marbury!
First of all, thank you for this wonderful opportunity for our students. They will be very excited to hear that you will be attending our game against Shermer High School next Friday to see the band in action and possibly choose a senior to win the scholarship.
While I know that you are looking for the very best among our fine performers, I wanted to especially point out our trombone section leader, Glenn Miller. Glenn is a perfect example of what the Marching 76ers are all about. Glenn is a great section leader, a perfect example for the rest of the band, and would be a great addition to the Purdue band next fall. I have personally worked with Glenn for several years on honing his/her music skills and helping develop the natural talent Glenn possesses. I would take it as a personal honor to have Glenn join the All-American Marching Band!
I have already reserved a parking spot in the lower parking lot near the stadium gates for you next Friday. I would love to show you our music facilities and introduce you to the band before the game. Please let me know what I can do to make your visit to Marbury Academy more memorable!
Sincerely,
Marion RobertsDirector, Marbury Academy Marching 76ers
I have always believed that 98% of a student's progress is due to his own efforts, and 2% to his teacher. - John Philip Sousa
From: Glenn Miller Sent: Friday, August 17, 2018 2:17 PMTo: Marion RobertsSubject: RE: Friday’s Practice
Whatever you say. Mum’s the word.
Sent from my iPhone
From: Marion RobertsSent: Friday, August 17, 2018 1:45 PMTo: Glenn MillerSubject: RE: Friday’s Practice
Glenn, stop worrying! You are perfect for this and a lock on it. It’s guaranteed! I’ll let the other students know about the scholarship and Mr. O’Dee’s visit Monday right before practice starts. Really, don’t worry about Addison Cowell, you will have no competition for this.
Don’t say anything to anyone about the scholarship. I want everyone to focus on our performance at Lucas Oil and this could be a huge distraction.
MRGet Outlook for iOS
From: Glenn Miller Sent: Friday, August 17, 2018 12:17 PMTo: Marion RobertsSubject: RE: Friday’s Practice
Thanks.
And thanks for the heads up with the PU scholarship yesterday afternoon. It would be a dream come true to be in the AAMB. i know you said not to worry about it when we talked, but I’m still a bit nervous about Cowell stealing my spotlight.
Sent from my iPhone
From: Marion RobertsSent: Friday, August 17, 2018 11:17 AMTo: Glenn MillerSubject: RE: Friday’s Practice
Never a problem, Glenn, but you should not miss very many more this month, especially next week. Of anyone, you need the least practice among this whole group. Debbie Laytor can cover your section again.
MRGet Outlook for iOS
From: Glenn Miller Sent: Thursday, August 16, 2018 11:45 PM
I am sorry but i can’t make practice tomorrow; my mom’s car is in the shop and I have to take my little brother to baseball practice and pick up the dog from the groomers.
Sent from my iPhone
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Marbury County Schools Heat and Humidity Policy
The Marbury County Board of Education recognizes that the safety of our students is of paramount concern. Therefore, our policy for Heat and Humidity is hereby AMENDED to reflect this concern. Schools must follow this policy for conducting practices and voluntary conditioning workouts in all sports during times of extremely high heat and/or humidity that will be signed by each head coach at the beginning of each season and distributed to all players and their parents or guardians. The policy shall follow modified guidelines of the American College of Sports Medicine in regard to:
1. The scheduling of practices at various heat/humidity levels 2. The ratio of workout time to time allotted for rest and hydration at various heat/humidity levels 3. The heat/humidity level that will result in practice being terminated
A scientifically approved instrument that measures Wet Bulb Globe Temperature (WBGT) reading must be utilized at each practice to ensure that the written policy is being followed properly.
UNDER 81.0 Level 1 Normal activities --Provide at least three separate rest breaks each hour of minimum duration of 3 minutes each during workout
81.0 -85.9 Level 2 Use discretion for intense or prolonged exercise; watch at-risk players carefully; Provide at least three separate rest breaks each hour of a minimum of four minutes duration each.
86.0 – 88.9 Level 3Maximum practice time is two hours. For Football: players restricted to helmet, shoulder pads, and shorts during practice. All protective equipment must be removed for conditioning activities. For all sports: Provide at least four separate rest breaks each hour of a minimum of four minutes each
89.0—91.0 Level 4Maximum length of practice is one hour, no protective equipment may be worn during practice and there may be no conditioning activities. There must be 20 minutes of rest breaks provided during the hour of practice.
OVER 91 Level 5 No outdoor workouts; Cancel exercise; delay practices until a cooler WBGT reading occurs
Readings shall be taken every 30 minutes during the practice period. The appropriate party shall alert all coaches and other necessary personnel through the most efficient and immediate means available, including (but not limited to) verbal notification, loud speaker broadcast, text message, or telephone call. Each school may adopt the most efficient and reasonable method of notification depending on the size of the campus and the number of individuals that need to be simultaneously notified. Once alerted, all coaches and other necessary personnel shall immediately comply with the above-referenced guidelines.
GUIDELINES FOR HYDRATION AND REST BREAKS 1. Rest time should involve both unlimited hydration intake (water or electrolyte drinks) and rest without any activity involved 2. For football, helmets should be removed during rest time 3. The site of the rest time should be a “cooling zone” and not in direct sunlight. 4. When the WBGT reading is over 86:
a. ice towels and spray bottles filled with ice water should be available at the “cooling zone” to aid the cooling process. b. Cold immersion tubs must be available for practices for the benefit of any player showing early signs of heat illness.
DEFINITIONS 1. PRACTICE: the period of time that a participant engages in a coach-supervised, school-approved sport or conditioning-related activity. Practices are timed from the time the players report to the field until they leave. 2. WALK THROUGH: this period of time shall last no more than one hour, is not considered to be a part of the practice time regulation, and may not involve conditioning or weight-room activities. Players may not wear protective equipment.
PENALTIES: Schools violating the heat policy shall be fined a minimum of $500.00 and a maximum of $1,000.00.
PPE Safety Solutions | The Power to Protect Your World™
The QuesTemp 32 area heat stress monitor provides quick and accurate WBGT measurements for assessing environmental heat stress. The rugged QuesTemp 32 monitor with on-board humidity sensor displays relative humidity on its easy-to-read LCD and calculates the Heat Index as reported by the National Weather Service. Features include a larger wet bulb reservoir, shielded dry bulb, removable sensors for remote applications, and set-up options for temperature display and language. The QuesTemp 32 offers long battery operation. Choose from a single 9-volt alkaline battery for up to 150 hours or a rechargeable Nickel Metal Hydride (NiMH) battery for up to 300 continuous hours.
Measures: Globe Drybulb Wetbulb WBGT in, out, and weighted average Relative humidity Heat index or Humidex
On-board humidity sensor Displays relative humidity and calculates the Heat Index or
Humidex as reported by the National Weather Service
Remote sensor capability Removable sensor array for remote studies up to 200 feet
Rugged construction and CE-approved Case provides resistance to light rain or mist, RFI, and static
electricity
Easy-to-use keypad
Long battery life Model with 9-volt alkaline battery provides up to 150 type="disc"> of use Model with rechargeable Nickel Metal Hydride (NiMH) battery provides up to 300 type="disc"> continuous use
Compact and lightweight 9.2 x 7.2 x 3 inches (23.5 x 18.3 x 7.5 cm) including sensor array 2.6 lbs (1.2 kg) with sensor array mounted
Accuracy: Temperature: ± 0.5 C between 0 and 100 C (32 to 212F) Relative humidity ± 5%
Product ID: UPC# 00051131486164 | 3M Product Number QT32 | 3M ID 70071580289
Find your 3M™ authorized retailer at www.shop3m.com
UNDER 81.0 Level 1 Normal activities --Provide at least three separate rest breaks each hour of minimum duration of 3 minutes each during workout
81.0 -85.9 Level 2 Use discretion for intense or prolonged exercise; watch at-risk players carefully; Provide at least three separate rest breaks each hour of a minimum of four minutes duration each.
86.0 – 88.9 Level 3Maximum practice time is two hours. For Football: players restricted to helmet, shoulder pads, and shorts during practice. All protective equipment must be removed for conditioning activities. For all sports: Provide at least four separate rest breaks each hour of a minimum of four minutes each
89.0—91.0 Level 4Maximum length of practice is one hour, no protective equipment may be worn during practice and there may be no conditioning activities. There must be 20 minutes of rest breaks provided during the hour of practice.
OVER 91 Level 5 No outdoor workouts; Cancel exercise; delay practices until a cooler WBGT reading occurs
Readings shall be taken at the beginning of, and every 30 minutes during, the practice period. The appropriate party shall alert all coaches and other necessary personnel through the most efficient and immediate means available, including (but not limited to) verbal notification, loud speaker broadcast, text message, or telephone call. Each school may adopt the most efficient and reasonable method of notification depending on the size of the campus and the number of individuals that need to be simultaneously notified. Once alerted, all coaches and other necessary personnel shall immediately comply with the above-referenced guidelines.
GUIDELINES FOR HYDRATION AND REST BREAKS 1. Rest time should involve both unlimited hydration intake (water or electrolyte drinks) and rest without any activity involved 2. For football, helmets should be removed during rest time 3. The site of the rest time should be a “cooling zone” and not in direct sunlight. 4. When the WBGT reading is over 86:
a. ice towels and spray bottles filled with ice water should be available at the “cooling zone” to aid the cooling process. b. Cold immersion tubs must be available for practices for the benefit of any player showing early signs of heat illness.
School Accident Report FormUse the STUDENT ACCIDENT REPORT form to report each serious student accident coming under the jurisdiction of the school’s authority. This form, when completed, should be filed in the office for future reference for the school’s protection in case litigation may result from the accident at some future date. Minor accidents such as scratches, bruises, etc., need not necessarily be reported.
General Information
School ____________________________________________________________ □ Student □ Employee
Name of injured _____________________________________________________________________________ Last First Middle Initial
Grade ___________ Age _________
Accident Information
Time of Accident ______ a.m. / p.m. Date __________
Supervised Activity? □ Yes □ No If yes, person in charge __________________________________
Nature of Injury (may be completed after medical examination) Abrasion Amputation Bruise
Bump Burn Concussion
Dislocation Fracture Laceration
Puncture Sprain Strain
Other _____________________________________
Part of Body Injured (check all that apply)Head Scalp Back Front Eyes Ear Nose Mouth Tooth Neck
Trunk Chest Abdomen Back
Arms Shoulder Upper Arm Elbow Lower Arm Hand Fingers
Legs Hip Upper Leg Knee Lower Leg Foot Toes
Kind of Accident Where Accident Occurred Animal bite or insect bite Collision with student Contact with hot or toxic substance Fall or slip Fighting Struck by auto, bike, etc. Struck by object (swing, bat, etc.) Student collided with object
Athletic Field Cafeteria Classroom Gym Hallway Locker Room Playground Restroom
School Bus School Grounds Shops/Labs/Tech area Stairway Parking Lot To or from school Other: _________________
Accident DescriptionDescribe the accident in your own words. Please give all details so this accident report may be used to prevent other similar accidents.
Immediate Action Taken
First-aid provided by whom? _________________________________________ Description of first-aid: _______________________________________________________________
_______________________________________________________________ Sent to nurse Sent home EMS called by whom? _________________________________________
Sent to hospital? □ Yes □ No Name of hospital ____________________________________
Was parent or guardian notified? □ Yes □ No If yes, by whom? _______________________________Name of contact: ______________________ Means of contact ________________________If no, explain: ______________________________________________________________________________
MA Action Taken
Discussed at staff meeting Discussed in each class as part of regular instruction Discussed with parent Personal instruction given to injured
Personal instruction given to person in charge Presented as a subject of assembly program Policy review undertaken by principal or district
Signatures
_________________________________ ___________ _______________________ Principal Date Print Name
_________________________________ ___________ _______________________ Activity Supervisor Date Print Name
_________________________________ ___________ _______________________ Person completing form Date Print Name
This form must be completed and filed with the secretary of your school within 1 school day of accident.
Patient: Cowell, Addison ACCT#: 258-05511DOB: 07/04/2001 AGE: 17 SSN: 457-55-5462Date of Admission: 08/21/2018 17:38Date of Discharge: 08/22/2018 00:13Attending: Nick Barker, M.D.
DISCHARGE DIAGNOSES1. Heat exhaustion2. Laceration on lip3. Contusions on nose and forehead
HISTORY OF PRESENT ILLNESSThe patient is a 17-year-old high school student who was presented with a lacerated lip after passing
out while jogging around high school track. Patient briefly lost consciousness and then fell face-first onto track surface, lacerating lip and causing minor abrasions to nose and forehead. Patient was transported from track to indoors by school’s athletic trainer and given water and Gatorade after reviving. Cold compresses were applied to forehead, neck, underarms and chest. Patient was incoherent and disoriented before being transported by athletic trainer.
EMS was called by school and patient was transported to MCMH via ambulance. EMS (Natalie Barker, MCFD EMT #155310) started saline line and administered 1L fluids. EMS performed field dressing on lip and monitored vitals during transport.
PHYSICAL EXAMINATIONVITAL SIGNS: Blood pressure 145/95, pulse 95 bpm, respirations 42GENERAL APPEARANCE: Labored breathing, sweating. Mild confusion and disorientation. LUNGS: Clear to auscultation and percussion bilaterally. HEART: Elevated rhythm. SKIN: Normal.EXTREMITIES: Upper and lower limbs bilaterally normal.DENTAL: Teeth and gums are intact. Slight bleeding around teeth 8 – 10 and 24 – 25. Tongue is intact.
SOCIAL HISTORYNever smoked. No alcohol. No drugs.
ALLERGIESAllergic to sulfa drugs.
PROCEDURES PERFORMED1. The patient was administered 2L fluids and observed for 90 minutes.2. The patient received 10 stitches on lower lip.3. The patient was treated for abrasions on nose and forehead. Dressings with topical antiseptic were
applied.4. The patient was administered a CT scan to check for brain swelling and possible concussion.
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LABORATORY AND RADIOLOGICAL RESULTSThe patient’s CT scan returned negative for cranial swelling. Patient possibly suffered Grade 2
concussion.
DISCHARGE DISPOSITIONPatient is discharged to home under parental care.
DISCHARGE MEDICATIONSThe patient was discharged on the following medications: Ibuprofen 800mg, thrice daily
PHYSICIANS/NURSES/TECHNICIANS INVOLVED WITH CARE
Attending: Douglas “Doogie” Howser, MD _______________________________________________
HEAT EXHAUSTIONHeat exhaustion is when your body overheats. Heat exhaustion happens when you do intense
physical activity in hot conditions without drinking enough liquids.
After you leave:Follow up with your primary healthcare provider as directed. Write down your questions so you remember to ask them during your visits.
Restrictions:When you exercise or are somewhere with a high temperature and humidity: Wear lightweight, loose, and light-colored clothing. Protect your head and neck with a hat or umbrella when you are outdoors. Drink lots of water or sports drinks. Avoid alcohol. Eat salty foods, such as salted crackers, and salted pretzels. Limit your activities during the hottest time of the day. This is usually late morning through
early afternoon. Use air conditioners or fans and have enough proper ventilation. If there is no air conditioning
available, keep your windows open so air can circulate.
Contact your primary healthcare provider if: Your signs and symptoms do not improve with treatment. You have muscle cramps or twitching. You have nausea and vomiting. You have numbness or prickling feeling in your arms or legs. You have questions or concerns about your condition or care.
Seek care immediately or call 911 if: You cannot stop vomiting. You are confused or cannot think clearly. You cannot move your arms and legs. You have trouble breathing.
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LACERATIONSutures, or stitches, are the most commonly used method to fix a cut or wound. Other methods
used to treat wounds are skin adhesives or glue, Steri-Strips or butterfly bandages, staples or even leaving skin wounds open (unsutured) to heal without closure in some cases (this is termed “closure by secondary intention”).
After you leave:Follow up with your primary healthcare provider within 5 to 10 days for suture removal.
Write down your questions so you remember to ask them during your visits.
Restrictions:First, keep the wound clean and as dry as possible. Do not immerse or soak the wound in
water. This means no swimming, baths, or hot tubs until the stitches are removed or after about two weeks if absorbable suture material was used.
Leave original bandages on the wound for the first 24 hours. After this time, showering or rinsing is recommended, rather than bathing.
After the first day, remove old bandages and gently cleanse the wound with soap and water or half-strength peroxide (mix equal parts hydrogen peroxide with water). Cleansing twice a day prevents buildup of debris, which may cause a larger scar; debris (for example, scab formation) makes suture removal slightly painful, more difficult and may increase the likelihood of infection.
No band activities until the sutures are removed.
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Mr. Roberts’ Rules of the BandPlease be aware of the expectations of the program.
1. Be on time for all classes and practices If one is late, all must wait!
2. Come prepared to play Once the class or practice starts, you must be ready to play.
Take care of any instrument maintenance before time.
3. You are here for music, not food No food, gum, or drinks (except water in sealable water bottles)
4. You are here for music, not homework This is not study hall; do your homework at home.
5. Hydrate! Bring water in sealable water bottles to all outdoor practices.
6. No cell phones All cell phones must be turned off and placed in your backpack or
purse. There will be no use of cell phones during class or practice.
7. Practice makes perfect It is only through individual, private practice that you will improve.
8. Be physically fit or you will sit Participation in the Marching 76ers is a rigorous physical activity.
You must be in shape to be able to complete performances.
9. Absences are predictable You must notify the directors before you are absent, either in
person, text, or e-mail. Too many absences may result in disciplinary actions.
