Two lifeguards from Wolverhampton have denied breaching their duty of care after an incident in which a seriously injured man drowned.
Adrian Miles was found at the bottom of the swimming pool that Alex Cotterill and Richard Leek were monitoring in July 2006.
The father-of-three, 48, was using the pool at the Walsall campus of Wolverhampton University as part of his rehabilitation after being temporarily paralysed in a charity rugby match.
Mr Leek, 30, and 27-year-old Mr Cotterill face a charge brought by the Health and Safety Executive (HSE) that they failed to do their job properly.
The HSE claimed that because Mr Miles drowned during the busy period of between 5pm and 5.45pm, other users of the pool were also at risk. Both men denied the charge at Walsall Magistrates' Court.
Remanding the two lifeguards on unconditional bail, Judge Wicks said: "Given the uncontested, tragic fact that there was a death; the prosecution allege that not only was there risk to that person but to other people using the pool... there is sufficient reason for this to be tried in the crown court."
The case will return to Walsall Magistrates' Court on November 11 to be committed for crown court trial at a later date.