please call the next phase i believe it's undisputed star and if that their crimes occur five to ten minutes after the class period started all the students are not in the class because some of them minor standing on recollection is that some of the older students or not has to do with whether or not they were performing some years all some function that beneficial to the employer and where whether in the course of the employment it is normally maybe but i believe that this individual was doing nothing personal nothing personal and no evidence to support that he was which is usually  supervisor made that clear no one said that point he said to himself all right additionally you know while i was in this pretty warm up activity which was usually custo when we do those kinds of things that was his past is that this was no more dangerous than anything that that we do on a regular basis a matter of fact as proven out the ten year old gym class as a combination of middle middle school and high school students so what happens is the middle middle school students finish changing they go to the actual gym and then they wait on the high school students to finish changing so the bell rings at eight thirty that incident happened around eight thirty five usually the high school students take about ten minutes to change so he's in a gymnasium and there i'm either side of the gymnasium or the padded walls and so basically a twelve year old is running up the pads on saying how high you can touch and the testified consistently and multiple times that it was not part of the curriculum he had a lot of leeway in setting the curriculum he's never set the curriculum to run up the wall you know that sort of report with student sort of an afterthought essentially well that's how i was doing our building report my students  you build a report a different way yes i can principals like yes he can even the two examples the principal key of of watching him engage in activities in the past were specifically activities that were part of the curriculum so the two examples you gave her job when the students were jogging or dispute in the course that he was at it was time and place was there it's really arising out of element and i think what the commission did appropriately was because he was running up a magic wand except challenges from twelve year olds they said it's some point you voluntarily expose yourself to an when through junior and there was an who would see them when they were warming up or basketball where they would run towards a wall jump and put a foot against the wall and further elevate which is part of the record he actually testifies he described it to the insurance adjustor as running up a padded wall both jackson style you know like the pro outfielder would do so to your point running up the wall trying to scale the wall program no i think it's probably fair for basketball games where you know a person's chasing after all they need something to stop themselves usually they're on either end of the gym i believe for that purpose so we've got a teacher allowing students to use something  or there may not be a rule i don't set right but your point i think you know originally so we have twelve and thirteen year olds doing something i believe you the question you pose himself they challenge you to go do a backflip are you hearing i agree i think you any other questions for me so is this is your theory that is or is you know i believe he was in the course of i think the minute he undertakes this voluntary voluntary and reasonable risk of chasing a twelve year old up  scaled wall that's what that's why it does not rise out of his employment but in the course of i believe he has all the time in places there are has this school classes started in the gym and supposed to be in the gym i think he can get that done i just don't think the arising out of i don't see what he did to further updates of the employer's interest in a form or fashion that's reasonable so you're saying this  valid point and probably what the commission was getting  and in fact the job description included both for duties included but i'm going into creating a flexible subject matter program class environment favorable to learning and personal of the employers but he's not driving in response to a personal shama won't miss her by some third party mr thompson here is is part of of her teaching people to compete in sports is to be