Teacher & Manager Responsibilities

IntroductionCurrent educational & work environment Teachers are under greater scrutiny by parents, administrators and school boards.Teachers must be aware of their responsibilities and the associated liabilities if they do not uphold them.OSHA and state departments of labor promulgate and enforce rules defining the appropriate conditions of the workplace.Federal rules Published in Code of Federal Regulation (CFR).Recent changes in the attitude toward education and work place environments have placed an increased emphasis on educational quality and workplace safety.

Introduction-cont.We live in an age were increasing numbers of people believe in, and are willing to fight for, the rights of individuals, animals and plants.Some individuals believe that plants and animals have a soul (spirit) and can feel pain, therefore they should be treated the same as humans.The U.S. tort claim system is being over used as individuals file law suits for and receive large settlements for minor injuries.

Rights--ResponsibilitiesFor classroom teachers, the issue of rights and responsibilities is covered in three questions? What are the rights of students?Who is the custodian of these rights?What are teachers responsibilities towards students?In businesses and manufacturing the CFR clearly defines employees rights.Right to know of the hazards in the workplaceRight to a safe working environment.Cannot be terminated without due process.

Employee RightsRecognized employee rights:The right to not be discriminated against or harassed.The right to be paid the minimum wage, as well as any overtime.The right to a safe workplace.The right to take leave to care for you or a family members illness, birth, or adoption.The right to privacy in personal matters.Not all of these are part of the CFR.What responsibilities do business owners and managers have to ensure the employee rights have not been abused?

Students RightsThe courts have determined that all students have the right to a quality education.These decisions have replaced the separate but equal doctrine and the separation of disabled students .The law requires a school to make a reasonable effort to accommodate all students.Failure to make a reasonable effort is grounds for a complaint.Complaints that are not resolved at the local level can end up in court.Three questions always arrive when this topic is raised.What criteria are used to determine the quality of education?Who has the responsibility to evaluate education?How do you accommodate all students?

Teachers ResponsibilitiesThe responsibilities of teachers is based on an old English law--in loco parentis.Teachers have the legal responsibility to take on some of the functions and responsibilities of a parent.In actual fact, the responsibility of teachers is higher than parents because they are considered as a paid, trained professional.In loco parentis more commonly applied to educational institutions than teachers.

Teachers Responsibilities--cont.Teachers have two primary responsibilities.Providing a quality educationProvide a safe learning environmentWhat is a quality education?Quality means teaching students correctly.Quality means teaching students what they need to know to be successful in life.Quality means teaching students what they need to know to be successful their occupation.Quality means teaching students survival skills.Other criteria?What is a safe learning environment?Freedom from accidentsAccidents are caused by hazards.Hazards can be eliminated, All hazards pose a risk of causing an accident.The risks associated with the hazards must be managed (slide 10).

Seven (7) Categories of HazardsMechanicalElectricalEnvironmentalChemicalHumanAnimalFireQuestion: How do teachers and supervisors insure these hazards do not cause accidents?Answer: Risks associated with each hazard must be managed.Question: How do you manage risk?Risk management techniques:EliminationModificationFollow standards and guidelinesInsurance

Owner & Manager ResponsibilitiesOwner & manager responsibilities to employees are usually explained in employment laws or labor laws. Employment laws deal mostly with employer-employee relationships. Labor laws deal mostly with employer-union relationships.Employee rights are also protected by sound morality and public policy. Public Policy: Values, principles and basic rules that the courts and legislatures consider to be in the best interest of individuals and the general public.Public policy may be written or implied, and varies among states and municipalities.

Liability

Symbol of Court SystemRepresented by the female form to show that justice should be compassionate, hear all cases, and look out for the down trodden.Lady Justice is shown blindfolded to show that justice must not be biased.Must be based on the facts, not the appearance of the individuals or the biases of the judge.The balance scales are used to demonstrate that each party can present all of the facts for their case and hope to tip the scales in their favor.The sword symbolizes swift an sure judgment. The book at her feet is there to insure decisions are based on the law, not personal preferences.

LiabilityLiability is the legal aspect of responsibility.Because teachers are trained, paid professionals they are legally responsible for their actions.Before a teacher can be found liable, they must be found negligent. If a teacher is found to be negligent, they can be liable for damages.As a general policy, minors have no legal responsibility for their actions, and therefore can not be held liable.Owning and operating a small business comes with plenty of responsibility and accountability. Even if you operate with the utmost care and provide the best quality and services, a client can perceive you did them wrong.You can be liable if:You have injured someone or your actions lead to an injury.You have acted in an irresponsible or illegal manner.

Two Types Of Legal CasesStatutory Statutory cases are court cases that involve the violation of a law.Tort.Tort cases do not involve laws and are decided on merits of each situation and precedent.Tort actions are use to receive compensation for damages or losses that have occurred.Two types of damages/losses are recognized:Personal: physical damage to a personProperty: loss or damage to personal property

The amount of tort claim judgments may be restricted by Oklahoma Tort Claim Act (OTCA)

Oklahoma Tort Claims Act1This law states that if a state employee (teacher) is within the scope of their employment at the time of the accident, the maximum amount of judgment will be fixed.Loss other than property $ 125,000 per claim2Property damage 25,000 per claim$ 1,000,000 maximum for any number of claims arising out of a single occurrence or accident.Many other changes and modifications1http://www.oscn.net/applications/oscn/deliverdocument.asp?id=436956&hits=2977+2976+2975+2680+2679+2678+2620+2619+2618+2193+2192+2191+1415+1414+1413+1367+1366+1365+1135+1134+1133+1075+1074+1073+696+695+694+22+21+20+ 2 Different limits have been set for claims against cities and counties based on their population.

Scope of employmentYou are only within your scope of employment if at the time of the incident you are doing what you are paid to do.Teachers are paid to teach, therefore taking students to a livestock judging contest may not be within the scope of your employment.If a narrow interpretation is used, any school activity which does not have an educational objective(s) listed in a lesson plan is not within the scope of the teachers employment.A state employee hired to drive a truck, may not be within the scope of their employment when mowing lawns.Scope of employment is primarily defined by job description.

Reckless DisregardReckless disregard of the safety of others is the omission to do something which a reasonably careful person would do, or the lack of the usual and ordinary care and caution in the performance of an act usually and ordinarily exercised by a person under similar circumstances and conditions.Sometimes called gross negligence.If defendant is guilty of reckless disregard, the tort claim act is set aside.

Personal Injury CasesWhen a person suffers a personal injury or a financial loss it is called an accident.Accident: An event that happens when quite un looked for; an unforeseen and undesigned injury to a person.If a person is the cause of the accident, they can be negligent, and liable for damages.Charges of negligence are tried as tort cases.A accidents can also lead to criminal charges.

Property Loss or DamageIn the case of a property loss or damage, the injured party will usually try to resolve the issue with the other individual/entities involved.If this is not successful, a civil suit may be filed to achieve restitution.Plaintiff must show:Proof of property damage or loss.The defendant was the cause of the damage or loss.

NegligenceNegligence is not determined by statutory law.Definition: failure to provide appropriate careFour elements of negligenceActual damage resulted.A standard or standards exist which covers the incident.The person breached that standard(s).The breach was the proximate cause of damages.Breach based on Reasonable and Prudent test.

Reasonable & PrudentReasonable person: How would a reasonable person act under the same or similar circumstances?Persons with greater than average skills, or with special duties to society, are held to a higher standard of care.Prudent Person: The person should have been able to foreseen the results of their actions.This person does everything in moderation, follows the community ethic, and always exercises due care.

1. Actual DamageAfter a claim or case has been filed, the court must determine if the plaintiff has grounds to pursue the case--did they suffer some type of damage or loss. No damage = no loss No loss = no grounds for negligence

2. A standard exists which covers the incident.If the case progresses beyond step one, both the defendant and the plaintiff will search for standards that support their position.Now days a standard can be found for almost all situations.OSHA. Standards for shop and industry work environmentsStandards of the profession (teaching).CFRIf conflicting standards are found, the legal process will determine priority.Even in situations were a standard does not exist, the reasonable and prudent person test can still be applied.May include the characteristics of the profession.

2. A standard exists which covers the incident--Characteristics of a professionAll jobs have some type of standards, or guidelines for completing the job.Even when no specific standards can be found, the characteristics of a profession can be applied to all job.Professional status cannot be attained by self-proclamination: it must be earned, and others must bestow the title.The person has a superior and distinct education in a field of knowledge.A professional does not intentionally directly or indirectly injure the reputation of the profession.

2. A standard exists which covers the incident--Oklahoma School Law1Section 125. Grounds for Dismissal or Non-reemployment of Teachers.Subject to the provisions of the Teacher Due Process Act of 1990, a career teacher may be dismissed or not reemployed for:Willful neglect of duty; Repeated negligence in performance of duty;Mental or physical abuse to a child;Incompetency;Instructional ineffectiveness;Unsatisfactory teaching performance; orCommission of an act of moral turpitude; orAbandonment of contract.1http://www.sde.state.ok.us/home/home01_test.html?http://www.sde.state.ok.us/law/!

3. The person breached that standardIn the third step it must be determined if the defendant was in violation of, or failed to follow the behavior established by the standard(s).A reasonable an prudent person does not violate, or fail to follow, a standard either established by, or for their profession.

4. That breach was the proximate cause of damages.Even if:an accident that resulted in an injury occurred,a standard was found that covered the actions, and the standard was not followed, to be found negligent it must be shown that the failure to follow the standard was the cause of, or contributed to cause of the accident.

Levels of NegligenceThere are three degrees of negligence, SlightOrdinary Gross.Slight negligence: The want of great care and diligenceOrdinary negligence:The want of ordinary care and diligence.Gross negligence:The want of slight care and diligence

Shared NegligenceIf the court determines that more than one individual contributed to the accident, the negligence can be distributed amongst all of the individuals involved.Does not need to be equal sharesMore likely if all of the individual are adults.In some situations, a person engaging in an action assumes part or all of the risk.In some court cases, minor students have been held responsible, fully or partially, for their actions when they were injured because they knowing engage in a behavior after they were correctly taught how to do it .Assumed risk does not remove the teachers/managers responsibility. It means that if an accident occurred and the individual contributed to the accident, they could be assigned some of the negligence.

Negligence Per SeOklahoma has a law that states that if the individual in charge, at the time of the accident, was in violation of a state statute, they are assumed to be negligent and must prove that they are not.Result: you are guilty until proven innocent.

Situations were a teacher could be found negligent An act was not properly performed and the instructor did not employ appropriate care.The instructor was absent from the instructional area.The instructor permitted an unqualified person to be responsible for his/her class.The instructor permitted students to use equipment not approved by the Board of Education.5. The instructor permitted individuals not enrolled in his/her class, and without adequate instruction, to use tools and equipment they were responsible for.6. The circumstance under which an act was performed created risks although the act was performed with proper care.

Situations were a teacher could be found negligent The instructor performed acts which involved an unreasonable risk and immediate harm to students.The instructor performed an act which set in motion a force which created an unreasonable hazard to students.The instructor permitted students who are not competent to use tools and equipment.The instructor organized a teaching environment which was unreasonably dangerous to students because of the likelihood of an action from another individual or machine.The instructor was neglected in controlling students who have mental or physical incapacity or abnormality.The instructor failed to give adequate warning.

Situations were a teacher could be found negligent The instructor failed to provide adequate supervision of student who he/she has reason to believe may be in a danger zone.The instructor failed to use appropriate skill to perform a demonstration.The instructor failed to make adequate preparation to avoid harm to students where such preparation is reasonably necessary.

Sequence of Events

1. What to do if and injury occurs?Must determine the nature of the injury.If unable to determine the extend of the injury or if you determine it is beyond your capabilities--seek medical help.Good Samaritan law provides some protection for individuals who, in good faith, attempt to help an injured person.Seeking medical helpMust follow established procedures.Must inform supervisors.

Good Samaritan Law(5.a.) "Everyone is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself, and except as hereinafter provided.Where no prior contractual relationship exists, and licensed care givers, who, under emergency circumstances where the alternative is probable death or serious bodily injury, in good faith, may voluntarily render or attempts to render emergency care, shall not be liable for damages as a result of any acts or omissions except for committing gross negligence or willful or wanton wrongs.

Good Samaritan Law--cont.Where no prior contractual relationships exists, any person who in good faith renders or attempts to render normal (listed in the code) emergency care wherever required shall not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.Where no prior contractual relationship exists, any person licensed to perform surgery or dentistry who in good faith renders emergency care requiring the performance of an operation or other form of surgery upon any individual who was the victim of an accidental act shall not be liable for any civil damages or subject to criminal prosecution as the result of non consent, except for gross negligence or willful or wanton wrongs.

2. Plaintiff Seeks CompensationDepending on the nature of the injury and the entitys insurance, a claim is filed with insurance company and the matter may be resolved.Insurance company will determine if the claim is with in the policy.If for some reason the plaintiff is not satisfied with results from insurance company, or if there is no insurance, the plaintiff will probably attempt to settle the complaint.May skip this step and go straight to law suit.If the attempt to settle is unsuccessful, the plaintiff will file a law suit against the insurance company and/or the entity and individuals responsible for the site of the accident.Once case has been filed, both parties will attempt to settle the complaint before it reaches the courts.If this fails, the case will be decided in court.

3. Case in CourtOnce the case goes to court all of the individuals involved must determine what is best for them.There have been cases where the school district testified against the teacher because to not do so would expose the school district to greater liability.Companies have been known to testify against their employees.Many labor agreements establish the procedures in case of personal injury accidents.All of the individuals named in the case will try to claim they should not be part of the court action and therefore they should be excused.

Possible ResultsIndividual is found guilty of negligence and the court awards the plaintiff damages.Two types of damages possible:ActualPunitiveIndividual is found not guilty of negligence and no damages are assigned.

Questions

A naval hospital delivery teams failure to properly react to a childbearing Navy wifes worsening condition, and the subsequent birth defect of her child, resulted in a record $60.9 million judgment against the U.S. government Nov. 23. A. Teachers required to take state certification test. Standardized testsSuccess of graduates.A. TeacherB. AdministrationParents3. Individual Education Plan (IEP)