No Breast-feeding in the Ann Arbor YMCA public pool. Did you know, in Ann Arbor, Michigan, the YMCA says you cannot brest-feed your baby in the swimming pool area because it violates a "no food and drink'' rule. YMCA said all food and drink is forbidden in the pool area, and that exceptions can't be made for breast-feeding. See Ann Arbor News story near bottom of page or click here:

Swimming in a public pool?
Your lifeguards might not be qualified to save you.

Operating a public swimming pool is expensive. Although you depend on lifeguards for your care, support and survival, to save money, some public swimming pool operators are hiring unqualified, non-certified lifeguards which increases your risk of injury or death. Some of the accidental related drowning fatalities featured on this water safety web site may have been prevented by simply hiring lifeguards with up-to-date certifications in rescue training in critical skills like CPR as required by Michigan Public Health code Act 368 of 1978 administrative rules. As detailed as contributory factors to fatal child drownings in public swimming pools on this web site, we also recommend hiring lifeguards who do not have their leg in a removable splint while using crutches or hiring lifeguards that do not require a wheelchair for stability to keep from slipping on a wet pool deck. Imagine going to your local hospital with an emergency. Then, while you're in the emergency room, you learn 50% of the doctors and hospital staff are not qualified because their certifications to practice medicine had expired. You might be concerned.

In Livonia, Michigan, on August 3, 1996, 50% of the lifeguards were not qualified under Michigan Public Health code to be lifeguards because their required certifications had expired. A 15-year old boy drowned. In Livonia, Michigan, it seemed odd that four lifeguards could not prevent a public swimming pool drowning on August 3, 1996. Through the Michigan Freedom of Information Act (FOIA) 1976 PA 442, MCLA 15.231 et. seq., we ordered documents needed to research these incidents. During the City of Livonia, swimming pool fatality investigation, we received many censored documents from the City of Livonia. After receiving these censored documents such as press releases from the City of Livonia, additional requests under the FOIA were necessary. As time and funding permits, additional information regarding public swimming pool drownings are added to this web site.

In Mason, Michigan according to the Jackson Citizen Patriot, on March 26, 2004, 19-year old Kyle Fraser from Munith Michigan, drowned at the high school public swimming pool at Mason High School. He was a student at the Heartwood School a school in the Ingham County Intermediate School District for students with severe physical and cognitive handicaps. Fraser was practicing to compete in the Special Olympics next month as Holt (Michigan) High School. For more information on the Mason High School drowning, click here and here.

In Beecher, Michigan according to the Flint Journal, on February 24, 2003, 18-year old Carmon T (Mullins) McLaurin drowned at the high school public swimming pool at the Beecher Community School District.

In Ypsilanti, Michigan on January 31, 2003, a 17-year old Detroit Finney High School student, Derrick Kelly drowned during a lock-in party in 12 feet of water at the Olds-Robb Recreation/Intramural complex at Eastern Michigan University at 10:43 PM. For a map of the campus, click here. The Jones swimming pool is 3-1/2 to 18 feet deep. Three on-duty lifeguards, using CPR could not revive Kelly. Documents regarding this drowning were requested from Eastern Michigan University after an e-mail was received from the identical twin brother of the drowning victim. Eastern Michigan University requested a payment to pay for their cost of labor up to $27.01 per hour to retrieve 130 pages of documents before the University would release any information under the Michigan Freedom of Information Act regarding this drowning. We requested a fee waiver because we believe our FOIA request is in the public interest. Our FOIA request could help to prevent another fatal drowning in the Eastern Michigan University public swimming pools. Apparently helping to prevent future drownings in the Eastern Michigan University swimming pools are not in the public interest. Lisa Nardell, Legal Assistant stated "Please be advised that EMU is denying your request to waive the $117.36 fee. EMU has determined that a fee waiver is not in the public interest. Here are some concerns we have regarding this drowning.

Item 1 of our FOIA request dated April 9, 2003 requested "One copy of the Eastern Michigan University, Jones public swimming pool operational data and information about rescues, submersions and accidents given medical attention for the period of January 1, 2003 through April 9, 2003 as required by Michigan Department of Community Health (MDCH) administrative rule 325.2199."

Fatal Problem #1: Eastern Michigan University is not hiring qualified lifeguards as required by State of Michigan MDCH administrative rule 325.2198(b). In our FOIA (Freedom of Information Act) request dated April 9, 2003, item 27 asked for one copy of the job posting for the job title of lifeguard or equivalent at any Eastern Michigan University public swimming pool. The University job description states "Job skills/requirements: Lifeguard certification required. Basic Lifeguard certification required or willingness and ability to become certified." Accordingly, a person who never enrolled in a course of instruction for lifeguard certification may be hired by Eastern Michigan because they have simply have the desire or willingness and ability to become certified. In the job description Eastern Michigan University does not mandate any training in CPR, AED, bag valve mask, training in 2-person and resuscitation barriers as required by the State of Michigan. The State of Michigan also requires lifeguards to have a certificate indicating valid and current evidence of successful completion of a recognized course of instruction in adult, child, and infant cardiopulmonary resuscitation with training in 2-person and resuscitation barriers of the type offered by the American Red Cross, the American Heart Association or the National Safety Council as required by MDCH administrative rule 325.2198(b).

Fatal Problem #2: Eastern Michigan University hired student lifeguard Scott Edward Stanisky. In EMU's response dated May 2, 2003 to our FOIA, the University promised to give us "one copy of the front and back side of the certificate indicating valid and current evidence of successful completion of a recognized course of instruction in adult, child, and infant cardiopulmonary resuscitation with training in 2-person and resuscitation barriers of the type offered by the American Red Cross, the American Heart Association or the National Safety Council for all people acting as lifeguards as required by MDCH administrative rule 325.2198(b) who responded to the drowning death of Derrick Kelly on January 31, 2003." The University however gave us only the front side of an American Red Cross CPR certificate for Scott Stanisky for the non-professional "Adult, Child, Infant CPR". The CPR credentials supplied by Eastern Michigan University for student lifeguard Scott Edward Stanisky are not the correct certification required by MDCH administrative rule 325.2198(b). This might explain why student lifeguard Scott Edward Stanisky could not correctly spell "CPR" in his report to the police 30 minutes after the drowning. Stanisky wrote, "I saw the swimmer on the bottom of the pool around 10:40 pm. Called for my other lifeguards for help got into the pool help with the getting the swimmer out of the pool. Once the swimmer was out Jenny started pumping the water out of his body kept up until the police showed up then they took over. We did CRP but there was to much water in him for air to get into his lung. As Jenny was pumping the swimmer was foaming at the mouth and blood was also coming out. We kept try to get the water out until the police took over."

Fatal Problem #3: Item 5 of our FOIA requests "One copy of any lifesaving and/or lifeguarding in-service training and workshop attendance records for all lifeguards on-duty at the Eastern Michigan University, Jones public swimming pool during the drowning death of Derrick Kelly for the period of January 1, 2000 to April 9, 2003." Eastern Michigan University is unable or refuses to provide any record of in-service training or workshop attendance records for the lifeguards for the last three years. Perhaps this is why all three on-duty lifeguards forgot to remove the victims heels from the swimming pool which may have caused the Automated External Defibrillator (AED) to not correctly analyze the victim and give lifesaving cardiac defibrillation. There is no record of lifeguard in-service training at Eastern Michigan University for over three years.

As Eastern Michigan University wanted $117.36 to release this information, we informed EMU that the information requested will be used to help prevent another fatal drowning in Michigan public swimming pools and to improve swimming pool safety. EMU was also informed that information we have previously published regarding other Michigan public swimming pool drownings, like at EMU, are available on-line at http://www.usascan.com/water/. The FOIA request sent to EMU was due to correspondence we received from the identical twin brother of Derrick Kelly who drowned in the Eastern Michigan University swimming pool.

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-----Original Message-----
From: D Redmond [mailto:darr@peoplepc.com]
Sent: Thursday, March 06, 2003 12:17 AM
To: kascher-watersafety
Cc: D Redmond
Subject: Information Request!
Dear Mr. Ken Ascher,

I am the identical twin brother of Derrick Kelly, the young man that drowned at Eastern Michigan University during a lock-in trip from Finney High School on January 31, 2003 at 10:45 pm. He is profiled on the Water Safety Home Page Web Site. My brother didn't know how to swim. Why didn't the University asked the students if "they could swim" or not"? Also, why weren't the three on-duty lifeguards unable to revive my brother if they knew CPR or any other life saving strategies. I'm under the biggest impression that those three "on-duty" lifeguards didn't know CPR and were not qualified to serve in that capacity. I would greatly appreciate if you would do more investigation relevant to this story, by examining the creditability of lifeguards at Eastern Michigan University or lifeguards in that particular area. Your help and expertise will be greatly helpful. Thank You!

Darren R. Kelly

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As provided for in Section 4(1) of the Michigan FOIA, “…A search for a public record may be conducted or copies of public records may be furnished without charge or at a reduced charge if the public body determines that a waiver or reduction of the fee is in the public interest because search for or furnishing copies of the public record can be considered as primarily benefiting the general public.”

Lisa Nardell, Legal Assistant for EMU wrote, "please be advised that EMU is denying your request to waive the $117.36 fee because EMU has determined that a fee waiver is not in the public interest. As EMU believes that preventing future drownings and accidents in their swimming pools is not in the public interest, it is essential that the pool patrons know that they are in danger when unqualified rescue personnel are lifeguarding in violation of Michigan Department of Community Health regulations.

Lack of in-service training and hiring qualified staff is usually due to a funding issue. However on May 13, 2003, an investigation by WJBK-TV reporter Amy Lange stated that Eastern Michigan University is spending 3.5 Million dollars to build a multi-million dollar mansion called "University House" as a home for the University President. We recommend funding is found so only lifeguards with state required credentials are hired and lifeguard in-service training classes are offered to rescue personnel. We also find it unusual that Eastern Michigan University takes the position that protecting children, who use the EMU public swimming pools from death and/or accidents would not be in the public interest.

On December 2, 2003, Ann Arbor News Staff Reporter Ms. Janet Miller reports the
EMU president's house cost more than disclosed. An additional $1.6 million was charged to other accounts according to Eastern Michigan University records. This brings to presidential mansion to at least $5,100,000.00. Click here for the Ann Arbor News story.

On February 29 through March 2, 2004, WXYZ TV reporter Mr. Steve Wilson states the Eastern Michigan University presidential mansion costs were really between five and six million dollars. It appears the University was trying to obfuscate the real cost. Maybe essential money which could have been used for hiring qualified lifeguards, in-service lifeguard training, fixing the emergency telephone or providing employees with required blood-borne pathogen protection training was instead used to purchase more upscale amenities for the presidential mansion. As Mr. Wilson reports, "And so they have built a 10,200 square foot mansion that occupies eight acres, 25% more than an entire city block. As we’ve been reporting this week, much of the cost was buried in other university accounts. Not even the $403,000 cost of the land the university bought to build it upon is figured into the cost the university claims. Most agree the total price tag lies somewhere between 5 and 6 million dollars—on a campus that can’t afford to renovate two classroom buildings and keep all its student housing in good repair." For more information on the WXYZ investigation on the Eastern Michigan University spending, click here and also click here for access to the WXYZ video. At the March, 2004 meeting of the Board of Regents at Eastern Michigan University, the Regents did not want to address any comments made by the public regarding expenditures for the University house. To read the March 17, 2004 Ann Arbor News story on the EMU Board of Regents silence, click here. On March 20, 2004, the Ann Arbor News reports that State of Michigan Senator Shirley Johnson, R-Royal Oak was irritated by spending on the EMU University House. She wants colleges to give detailed reports on student housing and presidents' houses. For this story, click here. For a response from University President Kirkpatrick printed in the March 29, 2004 Eastern Echo, click here.

Perhaps a fatal drowning could have been prevented in one of the Eastern Michigan University public swimming pools if only the University had allocated and spent money for hiring certified lifeguards with valid CPR training, provided a continuing program of in-service lifeguard training and kept essential swimming pool equipment like emergency telephones in functional operating condition. As reported by local newspaper and television stations, money from different university accounts has been ostensibly squandered to build and purchase a 5 to 6 million dollar presidential residence. We wonder why no funds were used in over three years before the January 31, 2003 fatal child drowning for in-service lifeguard training or for making sure that all lifeguards who were employed can meet all State of Michigan minimum requirements. Hiring incompetent and non-credentialed lifeguards for swimming pool employees can be lethal. If Eastern Michigan University continues to give a higher priority to building and maintaining an opulent presidential residence or any other building project rather than to hire trained, responsible, in-service tested and properly certified lifeguard staff for their public swimming pools or fix their out-of-service emergency telephones, another fatal child drowning death or future bloodborne contamination incident with deleterious pathogenesis (hepatitis B virus, hepatitis C virus, or HIV) to their lifeguard staff may soon occur.

On January 31, 2004, the Ann Arbor News reports, Fieger client files suit in drowning at EMU. A well-known Southfield attorney has sued the city of Detroit, three Eastern Michigan University lifeguards and their supervisor over the drowning death of a Detroit teenager on January 31, 2003.

Geoffrey Fieger and Todd Weglarz, another attorney from Fieger's firm, are representing the family of Derrick Kelly, 17, who drowned in a pool at EMU's Recreation/Intramural building on Jan. 31, 2003, while on a field trip with about 60 other Detroit high school students.

The lawsuit, filed in Washtenaw County Circuit Court on January 15, 2004 seeks more than $25,000 in damages. The lawsuit does not list EMU as a defendant. EMU Legal Counsel Kenneth A. McKanders said it is the university's policy not to comment on lawsuits.

The lawsuit alleges negligence on the part of the lifeguards and a Rec/IM administrator and breach of contract against the city's human services department, which organized but did not "properly supervise" or "arrange for proper supervision" of the field trip.

The lawsuit also alleges that the lifeguards did not determine the swimming skill level of the students, including Kelly, before allowing them to go into the pool and did not stop the poor swimmers and nonswimmers from using the deep end of the pool.

According to the lawsuit, Kelly was swimming in the deep end of the pool when he descended to the bottom. The lawsuit said students called the lifeguards and helped pull Kelly from the pool, but the lifeguards failed to use life-saving equipment and their CPR attempts were unsuccessful. For a copy of the story details, click here.

Fatal Problem #4: We received a unsigned censored accident report dated April 10, 2003 at 10:30 AM which states a (censored) 19 year old female was in the public swimming pool when she felt a seizure coming on. This report states "Emergency phone in the (Eastern Michigan University public swimming) club pool DOES NOT work!" This could help explain why the 9-1-1 voice logging recordings of the January 31, 2003 Derrick Kelly drowning had the lifeguard contact the building reception desk with an obscure message that a person was "down". The reception desk then called the Eastern Michigan University Police. EMU police then called Ypsilanti Fire Department and Huron Valley Ambulance and asked for an ambulance to respond. There was no direct call from the public swimming pool to emergency services wasting critical time needed to assist a person who had no pulse. Eastern Michigan University has intentionally censored the victim name, address, telephone number, name of the witness, telephone number of the witness. The information in this accident report states that a female "EMU faculty instructor" was the witness on this report but refuses to release the real name of the accident witness who reported the emergency phone does not work. We believe unsigned accident reports might be covering up what really happened. We request the University provide us with a properly filled out accident report and correct the emergency phone issue in the public swimming pool.

Fatal Problem #5: Student Lifeguard Jennifer Gail Navalta writes in her signed statement dated January 31, 2003 at 11:24 PM that she "gave a breath and it did not go in. I then did abdominal thrusts and tried again. I continued this ruteen (sic) until more qualified people came on to the scene." Lifeguards are trained when air does not go into a victim to simply retip the head and attempt another rescue breath. This lifeguard ignored their training and did abdominal thrusts. According to the police incident report #03-000649, "as they approached the victim they observed NAVALTA (one of the on-duty lifeguards) straddling the legs of the victim and was administering abdominal thrusts, in an apparent attempt to relieve water from the victim's lungs. It was also noticed that an AED (Automatic External Defibrillator) was connected to the victim. As NAVALTA continued to administer abdominal thrusts, SGT. LANCASTER attempted to get a carotid pulse from the victim with nil results. At this time, the AED advised responders to not touch the victim as it was analyzing. During this time it was noticed that the victim's heels were still in the pool. Officers pulled the victim completely from the pool, and listened for further information from the AED. The AED again advised responders to not touch the victim as it was analyzing. Shortly thereafter, the AED instructed the responders to administer a shock to the victim. SGT. LANCASTER administered the shock. AED's may not able to work correctly and when the lifeguards forget to remove the victim from a swimming pool. This might explain why the AED did not shock the victim until Sergeant Lancaster removed the heels of the victim from the swimming pool.

Fatal Problem #6: Student Lifeguard Jayme Marie Travis reports, "Jenni started checking for breathing and began compressions. I ran and got the AED (Automatic External Defibrillator). We hooked the AED up and then it instructed us to continue with CPR. We continued this until DPS (Department of Public Safety) arrived and took over." What this lifeguard report has omitted was the three lifeguards forgot their training and did not remove the victim entirely from the public swimming pool. The AED might not work correctly because the victim had his heels in the swimming pool causing the AED not to analyze a deadly heart rhythm.

Fatal Problem #7: Student Lifeguard Scott Stanisky writes at 11:24 PM on January 31, 2003, "Once the swimmer was out Jenny started pumping the water out of his body kept up until the police showed up then they took over. We did CRP (sic) but there was to much water in him for air to get into his lung. As Jenny was pumping the swimmer was foaming at the mouth and blood was also coming out. We kept trying to get the water out until the police took over." We believe the three lifeguards neglected to give rescue breathing and instead wasted essential rescue time trying to remove water from the victim.

Fatal Problem #8: Student Lifeguard Jennifer Gail Navalta in a supplemental report dated February 3, 2003 states "I found him unconscious and tried to pull him up without the Rescue Tube. I couldn't get him to the surface, but immediately I took the Rescue Tube and went back down to retrieve the victim." Lifeguards are trained to retrieve an unconscious submerged victim without the need for a rescue tube." Valuable seconds may have been wasted getting a rescue tube. As no lifeguard in-service training was documented over the last three years, lifeguards had no knowledge they may have lacked the personal skill needed to rescue a submerged victim.

Fatal Problem #9: There was no in-service training on the Survivalink AED serial #820630 purchased October 19, 2001 on invoice #044431.

Fatal Problem #10: There was no daily maintenance check on the Survivalink AED serial #820630 purchased October 19, 2001 on invoice #044431

Fatal Problem #11: Item 14 of our FOIA asks for "one copy of any written blood borne pathogens protection standards issued to lifeguards designed to protect employees from disease transmission." Eastern Michigan University does not have this document as required under Federal Occupational Safety & Health Administration Bloodborne pathogens. - 1910.1030 As Eastern Michigan University did not have the required blood borne pathogen exposure protection procedures in place as there is no documentation, this could be the proximate cause a lifeguard was exposed to infectious blood borne pathogens.

Fatal Problem #12: Student Lifeguard Jennifer Gail Navalta in this same supplemental report dated February 3, 2003 states "I proceeded to give the victim rescue breaths, the breaths did not go in. The reason being was because the male's jaw was locked shut and his tongue was swollen and stuck to the roof of his mouth. When I unlocked his jaw and moved his tongue I gave another rescue breath. As soon as I backed away to check his pulse, bloody foam came pouring from his nose and mouth. I then proceeded to do abdominal thrusts to remove the bloody foam, and then rescue breathing after the thrusts. After a couple sets of abdominal thrusts and rescue breathing, Akbar (Akbar Ghous - Supervisor) attached an AED to the male's chest. I then followed the instructions of the AED which told me to do chest compressions and rescue breathing. I did CPR for about 3 minutes until the police officers came and took over. Meanwhile the deck and pool had been cleared of all patrons. The police officers took over and asked for a breathing mask, I then retrieved one for them and they began to perform CPR; the male's jaw was locked into position again and still foaming blood from the nose and mouth when EMS finally arrived and took over for the police officers."

Fatal Problem #13: Student Lifeguard Jennifer Gail Navalta states in EMU accident report dated January 31, 2003 at 10:42 PM Eastern Time that there was visible blood or bodily fluids but this student lifeguard did not follow appropriate blood borne pathogen exposure control procedures. This student lifeguard also states she did not use appropriate personal protective equipment (PPE). This student lifeguard also states she was exposed to blood borne pathogens. When administering CPR, gloves and mask should always be used as trained in a lifeguard course. Student lifeguard Navalta was exposed to infectious blood borne pathogens because she did not remember to use required personal protective equipment.

Fatal Problem #14: Eastern Michigan University requires all lifeguards to be students. This student requirement reduces the number of qualified lifeguard applicants available to the University, potentially resulting in hiring lower quality lifeguards from the applicant pool. We recommend a review of this employment policy.

Fatal Problem #15: After a fatal drowning incident, Eastern Michigan University did not do or did not release any records of drug and alcohol screening tests for all on-duty lifeguards. Accordingly, there is no way to determine if any of the on-duty lifeguards at this fatal child drowning were under the influence of drugs or alcohol while on duty. As lifeguards are in a "safety sensitive" job, we recommend all lifeguards hired are subject to preemployment,
reasonable suspicion, post-accident, random, promotion and transfer, return
to duty and follow-up drug and alcohol testing.

Detroit Finney High School was in the news in 1999 due to $30,241.32 of missing funds according to documents requested by WXYZ TV News.

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In another fatal public school drowning in River Rouge, Michigan, on April 15, 2002, a 16-year-old boy, Willis Holder was found floating in the deep end of the River Rouge High School pool according to WDIV-TV. He was taken to Wyandotte Hospital where he later died after apparently drowning in the school's swimming pool during gym class. WDIV reports Holder was in a gym class with "about 20 other students and two teachers, both of whom were trained as lifeguards. One teacher was in the locker room with students and the other was helping students out of the pool." According to the Detroit News, Holder, "was pulled from the pool alive and was given CPR by a teacher about 2:40 p.m. An EMS crew took him to Wyandotte Hospital, where he died. School board President Lynn Tate said the district will have grief counselors at the high school today. Police Sgt. Robert Alderman is investigating the death."

Item 16 of our Freedom of Information Act (FOIA) request to River Rouge High School dated April 17, 2002 asked for "one copy of any and all video or audio tape surveillance of the response of the drowning of Willis Holder." As the school district had invoices for television equipment, it seemed unusual the school district would not have video surveillance of their public swimming pool area. We received a May 9, 2002 response from school superintendent Benjamin J Benford II stating "the River Rouge School district does not have surveillance equipment in the pool area." Since our FOIA request, we have discovered that the invoices for video equipment paid for by the River Rouge school district were fake as the video equipment never made it to the schools. According to the Detroit News, on May 6, 2003, a federal grand jury indicted the now former school superintendent Benjamin J Benford II for conspiring to steal $200,000 from the district.

FBI officials allege that school superintendent Benjamin J Benford II, was part of a scheme between July 1998 and October 2002 with Joseph Hudson, 47, that involved submitting false invoices for television studio equipment that never made it to the schools. Click here for the May 7, 2003 Detroit News article regarding the indictment of school superintendent Benjamin J Benford II. In 2002, an outside audit of the River Rouge School District found $1,000,000.00 missing. Here is an additional story regarding the indictment from the News-Herald.

River Rouge High School was previously in the news when four high school football players were accused of gang raping a 14-year-old cheerleader on September 20, 2000. The four athletes then played in the River Rouge High School football game that weekend.

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In another fatal public school drowning Saginaw, Michigan, on March 20, 2001 at Saginaw High School, a 17-year old boy drowned as reported by WNEM-TV. According to information disclosed on May 23, 2001 to Communications Electronics Inc., Emergency Operations Center under the Michigan Freedom of Information Act (FOIA) 1976 PA 442, MCLA 15.231 et. seq., the on-duty lifeguard "was in a removable splint and she was on crutches."

In page 2 of a report from Mike Manley, School District of the City of Saginaw, Office of Information Services dated March 23, 2001 regarding the teacher who was also the lifeguard during the Saginaw, Michigan public swimming pool drowning at Saginaw High School, Manley (with color added) says;

"There has been much discussion and speculation about Bobbi Fischer's physical condition at the time of the incident. She had injured her knee (chipped bone) in a motorcycle accident a few days earlier and was out of school March 14, 15, 16 and 19. When she returned on Tuesday, March 20, 2001 her leg was in a removable splint and she was on crutches. At poolside, to keep from slipping on the wet deck, she used a wheelchair for stability. She indicated in an interview with our staff yesterday that she was mobile and that the brace would not limit her ability to swim. An accomplished swimmer, she said she could swim better than most people with her leg in a brace.

Ms. Fischer, who has taught physical education at Saginaw High since 1995 (the first two years she split time between Saginaw High and traveling physical education), is a certified lifeguard and water safety instructor. She also works as a lifeguard at Saginaw Valley State University. She said she has been credited with 75 saves. She started as a lifeguard when she was 16." According to the Michigan Department of Environmental Quality, public health code, this teacher acting as lifeguard could not be qualified to be hired as a lifeguard for the School District of the City of Saginaw, because she could not produce evidence over two months after this fatal drowning that she is or was currently certified in cardiopulmonary resuscitation as required by the MDEQ.

Regarding this fatal drowning, according to a report on page three from Mike Manley, Kia Jones was an aide to lifeguard/teacher Ms. Fischer. According to the student witnesses, this aide to lifeguard/teacher Ms. Fischer did not know how to swim on the date of the fatal drowning. Although the Michigan Department of Environmental Quality pool rule 325.2198(3d) states that a lifeguard must "be dressed in suitable swimming attire which allows the lifeguard to be suitably prepared to enter the water and act in an emergency and which allows persons in the enclosure to be able to readily identify the lifeguard" according to Kia Jones, in a recorded statement the teacher/lifeguard "Fischer was in um the wheelchair sitting with her foot propped up with pillows..." In addition, the Michigan Department of Environmental Quality pool rule 325.2198(3b) states, a lifeguard shall "be a capable swimmer and be competent in lifeguarding techniques." It seems highly unusual that a competent lifeguard needs to use crutches, a removable leg splint and a wheelchair for stability to keep from slipping on the pool deck.

In response to Communications Electronics, Freedom of Information Act (FOIA) request dated June 11, 2001, item 8 requests, "if any witness statement interview(s) regarding the drowning of Benjamin Henderson was recorded on audio or videotape, I also request a copy of that audio or videotape." An audiotape recording was mailed to Communications Electronics on June 18, 2001. This audio tape recording of the Kia Jones fatal drowning statement appears to be tampered with as critical words have been expurgated from the recording sent to us by the School District of the City of Saginaw. In response to our first FOIA request, we received a partial transcript of the audio taped witness statement from Kia Jones and the written transcript does not exactly match the audio tape.

From the City of Saginaw Police Department, Incident number 717-0003965-01 (10) supplemental incident report 0001 dated Tuesday March 20, 2001 and investigated by Detective Ronald J Gwizdala #237 he reports "I found a class book for Ms. Fischer classes and I noted that Benjamin (victim) was an A student. I was also informed by Sgt. Howell that the instructor was in a wheelchair and a student went down and pulled the victim out of the pool."

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In another fatal public school drowning in Van Buren Township, Michigan a 9-year-old Detroit boy who was pulled from the deep end of a public swimming pool at Lower Huron Metropark died July 28, 2001 at the University of Michigan Mott Children's Hospital shortly after his parents arranged for his organs to be harvested for donation, said Chief Victor Hess of the Metropark Police and as reported by the Ann Arbor News.

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In another fatal public school drowning in Detroit, Michigan a 10-year-old boy Gabriel Graham was found at the bottom of the public swimming pool at the Butzel Recreation Center and was pronounced dead August 9, 2001 at Children's Hospital. WDIV TV - Channel 4 in Detroit, Michigan reports Graham's aunt said the "boy was allegedly pushed into the pool by a teenager who might have been disciplined before."

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In the March 15, 2004 Ann Arbor News, the Associated Press reports the parents of 17-year old drowning victim Sheldon Taylor file a lawsuit in Livingston County circuit court against Pine Hils camp in Hamburg Township, Michigan. The suit claims Pine Hills camp failed to provide adequate safety and rescue equipment during a fatal swimming lesson. Click here for the story from the Ann Arbor News. Click here for the story from the Detroit News.

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After clicking through the links on this page and this water safety web site, we invite you to share your ideas on what caused these fatal public pool drownings by sending e-mail to Ken Ascher with your observations.

Did you know, you can drown anywhere, at anytime, and in anything. As reported by the Detroit Free Press on May 4, 2001, 13-year-old Detroit boy drowned after he jumped into a flooded truck loading dock behind an abandoned building in Hamtramck, Michigan, police said. The boy was recovered after dive teams searched more than two hours. He was transported to Children's Hospital of Michigan, where he was pronounced dead.

Did you also know, if you drink too much at a party in Michigan and drown in the river, in many Michigan college towns, you party host may be charged with a crime as reported by the Detroit Free Press March 28, 2002.

You should also know, as of February 6, 2001, the State of Michigan has dropped their requirement of requiring lifeguards to have valid and current evidence of successful completion of a recognized course of first aid. Some first aid information appropriate to water safety is contained in the American Red Cross Lifeguard Training course. In addition, the care steps for CPR outlined within the American Red Cross Lifeguard Training course have been updated to meet the Emergency Cardiovascular Care (ECC) 2000 Guidelines. This lifeguard training course incorporates the latest consensus recommendations for performing CPR and emergency cardiac care for optimal response and improved outcomes.

Communications Electronics Inc., Emergency Operations Center has various community outreach programs to help protect and improve the health and well being of United States and Canadian citizens. CEI water safety programs are offered as a public service, in an effort to reduce fatalities, injuries and property damage related to water recreation. Communications Electronics water safety programs will investigate fatal drowning incidents in any government owned Michigan public swimming pool or water park facility and can also facilitate an aquatic fatality review. Using our special, unique resources and contacts with water safety specialists we'll help determine what steps can be used to help prevent another fatality or serious accident. The information we collect is available for distribution to other teams and agencies across the world that review water fatalities and to other concerned individuals and agencies such as the National Center on Child Fatality Review. Kenneth A Ascher, Chairman & Chief Executive Officer has over three decades of experience as an instructor in water safety, lifeguarding, SCUBA Diving, cardiopulmonary resuscitation and first aid. After serving a two year term on the Board of Directors of the Washtenaw County chapter of the American Red Cross, Ken Ascher now serves as a committee member of the Health and Safety Committee.

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No Breast-feeding in Ann Arbor YMCA public pool. Did you know, in Ann Arbor, Michigan, the YMCA, says you cannot brest-feed your baby in the swimming pool area because it violates a "no food and drink'' rule. See Ann Arbor News story below or click here:

Breast-feeding mom runs afoul of Y's pool policy
'No food and drink' a health rule, facility says
Wednesday, January 11, 2006
BY TRACY DAVIS
News Staff Reporter
An Ann Arbor woman is upset that the YMCA will not allow her to breast-feed her baby in the swimming pool area.

Kelly Fuks said she was told it's a distraction to the lifeguards.

The Y says it is a health issue because it violates a "no food and drink'' rule in the pool area. Officials say she can breast-feed in many other parts of the building.

Fuks hopes community support and sentiment will change the minds of Y officials.

The issue arose Dec. 22 when Fuks took her 6-month-old daughter, Ansley, her 3-year-old son, Maxwell, and a friend swimming at the Y in downtown Ann Arbor. Fuks said a lifeguard approached and told her she could not breast-feed Ansley on the deck of the family pool.

When she queried Y management later by phone, Fuks said, she was told that breast-feeding by the pool is forbidden because it's a distraction to lifeguards.

"In my opinion, if their lifeguards are that easily distracted, they need much better lifeguards and a better training program,'' Fuks said.

She said she had breast-fed at the Y's pool in the past, and that no one had noticed because it's a discreet process.

"You can't see what's going on,'' she said. "A young girl in a bikini is much more of a distraction than me.''

But Diane Carr, senior programs director at the Y, said all food and drink is forbidden in the pool area, and that exceptions can't be made for breast-feeding.

"It's difficult to be able to make exceptions and then be able to enforce it,'' she said.

Asked about the distraction rationale, she said that anything happening in the pool area that breaks rules is a distraction to lifeguards because they have to respond and deal with it.

Carr said the issue has come up before, including at the old building. She said the "no food and drink'' rule came at the recommendation of the county health inspector and is a long-standing regulation.

Soggy food in the pool area is unsanitary, especially if it gets in the pool or if a child vomits after eating in the pool, she said. People bringing drinks might break glass bottles, which would require draining the pool, Carr said.

"From the health inspector's perspective, your policies need to be stated and consistent and no exceptions,'' she said.

Linda Wieser, an Ann Arbor resident and Michigan professional liaison for the La Leche League, a breast-feeding advocacy organization, said that such situations are not uncommon.

Under Michigan law, a woman cannot be prosecuted for public nudity while breast-feeding, she said. But it doesn't specifically protect a woman's right to breast-feed where she wants to, Wieser said.

"People assume there are laws for these things, but there really aren't,'' she said.

Officials with the Ann Arbor, Washtenaw County, Ypsilanti and Saline recreation departments said the issue has never arisen, and none has a policy about breast-feeding in a swimming pool area.

"This is part of life,'' said Carla Scruggs, director of Saline Parks and Recreation. "Usually mothers who are breast-feeding are fairly discreet. ... It just hasn't been a topic.''

Still, Scruggs said, she's not sure what she would do if it became an issue.

Nancy Burghardt, recreation facilities unit supervisor in Ann Arbor, said she hasn't had it come up in her 18 years with the department - and if it were an issue, it would have come to her. Certainly, she said, every other issue has, from thong bikinis to Muslim dress.

Fuks said she hopes the community will speak out to support a rule change.

The Y does allow breast-feeding in other areas where parents and children are permitted to be together, such as the family locker rooms or the lobby waiting area.

But, Fuks said, it is too much trouble to pack up her children and head back to the locker room when Ansley gets hungry. Her primary goal while swimming is to let Maxwell get his ya-yas out, and constant interruptions to feed his sister don't help, she said.

"The Y's motto is (we build) 'strong kids, strong families and strong communities,''' she said. "I'm asking them to meet the needs of the smallest person in the community.''

The opinions expressed on some pages of our web site are those of Communications Electronics Inc., or the author of the documents released to CEI under the Freedom of Information Acts or subpoena. Documents may also be submitted to CEI directly by an author. The opinions expressed in our web site do not necessarily reflect the opinions of any other person or organization mentioned in our web site.

According to the National Children's Center for Rural and Agricultural Health and Safety in the United States from 1993 to 1996, drowning was the second leading cause of unintentional injury-related death to children under age 15. During this time, 4,063 drowning deaths occurred to children under age 15. It is estimated that for each childhood drowning death approximately four children are hospitalized for near-drowning. Annually, drowning and near-drowning injuries among children under age 15 in the United States result in an estimated cost of $6.2 billion. The estimated cost per near-drowning is $84,000 while the estimated cost per fatal drowning is $3.6 million.

You can help prevent a Michigan public swimming pool death. It's as easy as 1-2-3. When visiting a Michigan public swimming pool, it is your responsibility to check if valid and current certifications are posted for (1) lifeguard training and (2) CPR for the Professional Rescuer. (3) A valid and current public swimming pool permit must also be posted. In the State of Michigan, if these three documents are not posted, the pool can not be legally open. If you visit a Michigan public swimming pool and do not see current and valid posted lifeguard and CPR for the Professional Rescuer certifications and a non-expired public pool permit, do not swim in that public pool. E-mail Ken Ascher with your concerns. You should also report your concerns to Mr. Richard Sacks, P.E., Section Chief of the State of Michigan, Department of Environmental Quality, Environmental Health Section, Recreational Resources Program at +1-517-241-1317.

Swimming in a public pool? Your lifeguards might not be qualified to save you.

Swimming in a public pool?
Your lifeguards might not be qualified to save you.