Design chapter 5 - Legal Issues in Instruction
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Transcript of Design chapter 5 - Legal Issues in Instruction
August, 2007 1
www.floridastatefirecollege.org
Fire Service Course DesignFire Service Course DesignLegal IssuesLegal Issues
Chapter 5Chapter 5
Florida State Fire College
Ocala, Florida
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Terminal ObjectiveTerminal Objective
The student will be able to establish a classroom environment that meets the legal ramifications as specified by local, state, and federal rules, regulations, and standards.
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Enabling ObjectivesEnabling Objectives
Upon completion of this section, the student will be able to:Discuss the NFPA role in standards
developmentList and relate the various NFPA standards
relative to the fire service instructorList and discuss the role of local, state, and
federal agencies relative to the fire service instructor
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Define negligence and its affect on the fire service instructor
Describe what constitutes harassmentDiscuss academic honesty and privacy issuesExplain the affects of ADA relative to fire
service instructorsExplain copyright and how it applies to
instructors
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NFPANFPA
Not code unless adopted
They are recommended practices
They are the “standard of care” for the industry
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NFPA vs FloridaNFPA vs Florida
NFPA 1001 (1997) and NFPA 1582 (2000) have been adopted by Florida
Other NFPA standards are used as a basis and in many cases, Florida requirements meet or exceed the NFPA standard
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NFPA vs FloridaNFPA vs Florida
Do not blindly accept the NFPA standards
Check Florida lawState Statute 633Florida Administrative rules 69A-
Many of the rules are part of 69A-37
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Be AwareBe Aware
Any class you design or teach may be subject to Local regulations
Which would include department rules, SOPs or SOGs
State regulations Statutes and Administrative Rules
FederalEPA
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Criminal v. CivilCriminal v. Civil
Criminal requires intent – burden of proof is beyond reasonable doubt – found guilty
Tort – civil wrong or injury – burden of proof is preponderance of evidence – found liable
Purpose of tort action to seek payment for damages to property or injury to individual
Same act can result in civil & criminal consequences
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Liability ElementsLiability Elements
For a cause of action in Negligence:
1. Legal duty to act or not act
2. Breach of standard of care for that duty
3. Breach was proximate cause of damage
4. Injury/damages resulted
All 4 elements must be met for liability!
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Standard for Instruction Standard for Instruction
Often referred to as standard of careNFPA typically serve as national guidelinesFlorida requirements include
Instructor I, II, and III each with different levels of the instructor’s own training
Individual training institutions likely have their own standards
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Breach of DutyBreach of Duty
To prove the element of breach of duty the plaintiff must show that the Defendant did not meet the Standard of Care.
The Standard of Care is what a reasonably prudent person would have done in the same or similar circumstances.
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ForeseeabilityForeseeability
If the instructor knew, or should have known, of a potentially dangerous or damaging situation and did not take action to mitigate the danger.
Example: Not checking to insure all students are properly using all required Personal Protective Equipment (PPE)
Prepare written risk analysis prior to hazardous training – fully brief the students
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Instructor ResponsibilityInstructor Responsibility
Provide training to accepted standards
Adequately prepare
Provide safe training environment
Provide environment effective for learning
(Awareness and correction of harassment,
using proper teaching methods, making
reasonable accommodations, if needed)
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Agency LiabilityAgency Liability
Provide training commensurate to dutySelect qualified instructorsEnsure instructors know agency policyEnsure training is provided in accord with standards in safe, appropriate mannerRespondeat Superior – the agency is responsible for the negligence of the employees (instructors)
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Harassment Harassment
Gordon Graham – police officer turned lawyer offers and excellent description which supplements your text
C A T S I N R OComments, actions, things, sexual in nature
that a reasonable person would find offensive
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Grievance ProceduresGrievance Procedures
Each agency has their own procedureKnow what yours is and follow itBe sure the students know what it isWritten form would be preferred
If there is none where you teach, implement oneAllow students to use the procedure without fear of intimidation
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Precautions to minimize LiabilityPrecautions to minimize Liability
EXERCISE
In your group – brainstorm and list on easel potential areas of liability and beside each one add what could be done to eliminate or mitigate that risk.
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Academic Honesty IssuesAcademic Honesty Issues
Establish rules “up front”
In training centers they may be set up ahead of time and available to the student
In the individual fire department, rules may be based on SOGs or SOPs
In an academic setting, rules should be in syllabus
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Risk ManagementRisk Management
Firefighting is high risk
Training is high risk
Safety firstAre health issues up to date Is prior training appropriate Is proper PPE being utilizedAre you teaching misinformationAre you teaching your own information or accepted
standards
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Confidentiality Confidentiality
Family Education Rights and Privacy Act of 1974Essentially, records of any one over 18 must be
kept confidentialIf they are under 18, parents may view records
HIPPANot only includes the students but use caution
when discussing case studies
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PrivacyPrivacy
Respect the privacy of the students
Do not engage in behavior intended to embarrass or harass
Restrict access to personal information and grades
Do not disclose personal information or grades without consent
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Photo ReleasesPhoto Releases
In public settings it is generally acceptable to take photos of individualsProvided you are not using the photo for
commercial or marketing purposesIf they are, have a release signed. Seek legal
advise or use agency form
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A.D.A.A.D.A.
No discrimination in employment
Employer responsible for certain reasonable accommodations\
Note: an instructor is not required nor expected to lower quality or quantity of standards to make an accommodation
Know your agency policy
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A.D.A.A.D.A.
Protects students with learning disabilities
Reasonable accommodations may include:Extended test timesNote takersAssistance with technological devicesModified assignmentsAlternative assessments and test formats
Worth repeating, know your agency policy
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Copyright LawCopyright Law
Instructors may copy material if guidelines are followed:
1. Purpose of use (nonprofit educational)
2. Nature of work (not text for that class)
3. Amount & substance of copied material in relation to the entire work
4. Will it damage the commercial value
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SummarySummary
Important for instructors to be aware of legal issuesRange from documentation to student and instructor conductUnderstand rules, agency policiesDon’t take shortcutsPart of instructor’s professional responsibility