Title 5 of the California Code of Regulations, section 55220 has long provided community college districts with immunity from claims for injuries sustained on field trips and excursions, including travel related to interscholastic athletic events. While California courts have recognized that the immunity provision allows districts to enhance the educational experience by reducing exposure to injury claims and thereby lessening costs (Sanchez v. San Diego County Office of Education (2010) 182 Cal.App.4th 1580, 1584), a California Court of Appeal recently clarified the extent of this protection.
In Anselmo v. Grossmont-Cuyamaca Community College District (Aug. 3, 2018, D072549) [2018 WL 3688572], the court held that schools hosting interscholastic athletic events may be liable for injuries sustained by members of a visiting team if the injury is caused by a dangerous condition found on the hosting school’s property. In such cases, the field trips and excursions immunity does not apply to the hosting school.
Plaintiff Mary Anselmo, a student-athlete at Pierce College, participated in a volleyball tournament hosted by Grossmont College and was injured when she struck her knee on a rock buried in the sand. Anselmo filed claims for negligence and dangerous condition of public property against Defendant Grossmont-Cuyamaca Community College District. The trial court dismissed Anselmo’s claims, citing the field trip and excursion immunity provision.
The appellate court reversed the trial court’s decision and held field trips and excursions immunity applies only to those who “conduct or substantially participate in conducting, i.e. directing or managing, the trip or excursion.” Grossmont College was not in charge of requiring, arranging, and transporting the Pierce College students to participate in the intercollegiate athletic event. Rather, it merely “provided a sports facility” for the game. The court held Grossmont College had a duty to provide reasonably safe premises to athletic event participants in accordance with Government Code section 835.
The court reiterated the California Supreme Court’s holding in Avila v. Citrus Community College District (2006) 38 Cal.4th 148, 162, that a school district which hosts an interscholastic athletic event owes “a general duty to all participating teams—both home and visitor—to avoid acts or omissions that materially increase the risks to participants beyond those inherent in the sport.” The court further reasoned it was incongruous for the community college district to acknowledge it would have lacked immunity from liability had one of its own students been injured on the same rock but then assert immunity for an injury to a visiting athlete. Accordingly, the court determined the trial court should not have dismissed the claims and remanded the case for further litigation.
The Anselmo case serves as a reminder that schools hosting interscholastic athletic events and other activities for visiting students need to be vigilant in ensuring their properties and athletic facilities are maintained in serviceable and safe conditions.
- Partner
Sharon Ormond chairs AALRR’s Associate Mentoring and Training Committee and is a member of the firm’s Higher Education, Title IX, Civil Rights, and Wage and Hour teams. She represents numerous community college districts and ...
Other AALRR Blogs
Recent Posts
- Are You Ready for AB 2534? Our AB 2534 Toolkit Is Here to Help
- Don't Start from Scratch: Our AI Policy Toolkit Has Your District Covered
- Slurs and Epithets in the College Classroom: Are they protected speech?
- AALRR’s 2024 Title IX Virtual Academy
- Unmasking Deepfakes: Legal Insights for School Districts
- How to Address Employees’ Use of Social Media
- How far is too far? Searching Students’ Homes and Remote Test Proctoring
- Making Cybersecurity a Priority
- U.S. Department of Education Issues Proposed Amendments to Title IX Regulations
- Inadvertent Disability Discrimination May Lurk in Hiring Software, Artificial Intelligence and Algorithms
Popular Categories
- (55)
- (12)
- (81)
- (96)
- (43)
- (53)
- (22)
- (40)
- (11)
- (22)
- (6)
- (4)
- (3)
- (2)
- (3)
- (2)
- (4)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
Contributors
- Steven J. Andelson
- Ernest L. Bell
- Matthew T. Besmer
- William M. Betley
- Mark R. Bresee
- W. Bryce Chastain
- J. Kayleigh Chevrier
- Andreas C. Chialtas
- Georgelle C. Cuevas
- Scott D. Danforth
- Alexandria M. Davidson
- Michael J. Davis
- Mary Beth de Goede
- Anthony P. De Marco
- Peter E. Denno
- William A. Diedrich
- A. Christopher Duran
- Amy W. Estrada
- Jennifer R. Fain
- Eve P. Fichtner
- Paul S. Fleck
- Mellissa E. Gallegos
- Stephanie L. Garrett
- Karen E. Gilyard
- Todd A. Goluba
- Jacqueline D. Hang
- Davina F. Harden
- Suparna Jain
- Jonathan Judge
- Warren S. Kinsler
- Nate J. Kowalski
- Tien P. Le
- Alex A. Lozada
- Kimberly C. Ludwin
- Bryan G. Martin
- Paul Z. McGlocklin
- Stephen M. McLoughlin
- Anna J. Miller
- Jacquelyn Takeda Morenz
- Kristin M. Myers
- Katrina J. Nepacena
- Adam J. Newman
- Anthony P. Niccoli
- Aaron V. O'Donnell
- Sharon J. Ormond
- Gabrielle E. Ortiz
- Beverly A. Ozowara
- Chesley D. Quaide
- Rebeca Quintana
- Elizabeth J. Rho-Ng
- Todd M. Robbins
- Irma Rodríguez Moisa
- Brooke Romero
- Alyssa Ruiz de Esparza
- Lauren Ruvalcaba
- Scott J. Sachs
- Gabriel A. Sandoval
- Peter A. Schaffert
- Constance J. Schwindt
- Justin R. Shinnefield
- Amber M. Solano
- David A. Soldani
- Dustin Stroeve
- Constance M. Taylor
- Mark W. Thompson
- Emaleigh Valdez
- Jonathan S. Vick
- Jabari A. Willis
- Sara C. Young
- Elizabeth Zamora-Mejia
Archives
2024
2022
2021
2020
2019
2018
- December 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- January 2018
2017
- November 2017
- October 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
2015
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
2014
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
2013
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
2012
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012