Legal Issues Associated with Legal Issues Associated with Teaching Physical EducationTeaching Physical Education

Liability:Liability:

The number of lawsuits The number of lawsuits in physical education in physical education is increasing is increasing

Physical education classes often involve Physical education classes often involve larger class sizes.larger class sizes.– Larger classes are more difficult to superviseLarger classes are more difficult to supervise– There is a greater likelihood that accidents will There is a greater likelihood that accidents will

occuroccur

Why Teachers Are at Risk for Why Teachers Are at Risk for LiabilityLiability

The role of a teacher is high profile and The role of a teacher is high profile and has high responsibilitieshas high responsibilities

Teachers are recognized as professionals Teachers are recognized as professionals with certifications.with certifications.

Schooling and training shouldSchooling and training shouldbe consistent with national be consistent with national standardsstandards

Acts of OmissionActs of Omission

Actions purposefully omitted by you that Actions purposefully omitted by you that lead to a situation with negative lead to a situation with negative consequences are called acts of omission.consequences are called acts of omission.– Example: not supervising activitiesExample: not supervising activities

These actions would be These actions would be deemed to be significant deemed to be significant and necessary to carry and necessary to carry out professional duties.out professional duties.

Acts of CommissionActs of Commission

Actions committed by you that lead to situations Actions committed by you that lead to situations with negative consequences are called acts of with negative consequences are called acts of commission.commission.– Example: threatening students with harmExample: threatening students with harm

These actions would be These actions would be deemed to be significant, deemed to be significant, unnecessary, and inap-unnecessary, and inap-propriate from a propriate from a professional teacher.professional teacher.

NegligenceNegligence

Level of negligence is determined in lawsuitsLevel of negligence is determined in lawsuits

What part did the teacher play in attempting to What part did the teacher play in attempting to avoid conditions that led to injury?avoid conditions that led to injury?

What role did the teacher play in sufficiently or What role did the teacher play in sufficiently or improperly providing adequate care after an improperly providing adequate care after an injury?injury?

Did the teacher act Did the teacher act contrary to contrary to professional professional standards?standards?

Parts to NegligenceParts to Negligence

DutyDuty

Breach of dutyBreach of duty

CauseCause

DamageDamage

Must have all four parts to be negligentMust have all four parts to be negligent

Typical Areas of Negligence in Typical Areas of Negligence in Physical EducationPhysical Education

SupervisionSupervision

InstructionInstruction

Classroom environmentClassroom environment

First aid emergenciesFirst aid emergencies

TransportationTransportation

Rules of Thumb for Avoiding Rules of Thumb for Avoiding Negligence ClaimsNegligence Claims

Use a common sense approachUse a common sense approach

Be aware of effective guidelines practiced Be aware of effective guidelines practiced by other professionals in the field.by other professionals in the field.

Follow procedures and practices that are Follow procedures and practices that are addressed in national organization addressed in national organization guidelines.guidelines.

Follow procedures and practices that are Follow procedures and practices that are presented in the text.presented in the text.

Teacher SupervisionTeacher Supervision

Determine whether students are properly Determine whether students are properly and safely executing activities.and safely executing activities.

Maintain an active, ongoing process of Maintain an active, ongoing process of supervision throughout the activity.supervision throughout the activity.

Encourage peer supervision as a Encourage peer supervision as a supplement to teacher supervision.supplement to teacher supervision.

Role of InstructionRole of Instruction

Teacher liability can be tied directly to Teacher liability can be tied directly to students not being properly or sufficiently students not being properly or sufficiently instructed before performing an activity.instructed before performing an activity.

Students should not be asked to perform a Students should not be asked to perform a movement when they lack personal movement when they lack personal capability judgment.capability judgment.

Role of Instruction (Cont.)Role of Instruction (Cont.)

Proper instruction must be given to Proper instruction must be given to students concerning proper protocols and students concerning proper protocols and procedures for setting up, using, and procedures for setting up, using, and taking down equipment.taking down equipment.

Instruction dealing with proper safety Instruction dealing with proper safety should be simply stated.should be simply stated.

Classroom EnvironmentClassroom Environment

Teachers must be vigilant and aware of Teachers must be vigilant and aware of potentially dangerous conditions.potentially dangerous conditions.

There may be discrepancies between There may be discrepancies between environmental conditions from day to dayenvironmental conditions from day to day

Space students accordingly to decrease Space students accordingly to decrease potential incidents.potential incidents.

Use equipment only in the manner for Use equipment only in the manner for which it was designed.which it was designed.

First Aid EmergenciesFirst Aid Emergencies

Moving students are more at risk of injury Moving students are more at risk of injury than sedentary students.than sedentary students.The teacher should be expected to provide The teacher should be expected to provide appropriate assistance to an injured appropriate assistance to an injured studentstudentFirst aid – treatment for injury or sudden First aid – treatment for injury or sudden illness before the injured person has illness before the injured person has access to hospital care or a treatment access to hospital care or a treatment facility.facility.

First Aid Emergencies (Cont.)First Aid Emergencies (Cont.)

Teachers are trained in first aid, but should Teachers are trained in first aid, but should hold current first aid certificates.hold current first aid certificates.

First aid procedures should be developed First aid procedures should be developed with colleagues and school staffwith colleagues and school staff– Procedures should be permanently displayed Procedures should be permanently displayed

throughout the school.throughout the school.– They should be incorporated into your class They should be incorporated into your class

objectives.objectives.

First Aid Emergencies (Cont.)First Aid Emergencies (Cont.)

Be aware of all students with pre-existing Be aware of all students with pre-existing conditions.conditions.

In the event of an incident, write a detailed In the event of an incident, write a detailed reportreport– Include a brief rationale of what prevention Include a brief rationale of what prevention

measures were in place.measures were in place.– Be as specific and clear as possible.Be as specific and clear as possible.

TransportationTransportation

Transportation to outside facilities for Transportation to outside facilities for school activities raises several issues.school activities raises several issues.– Liability is a concern.Liability is a concern.– Follow school policies, procedures, and Follow school policies, procedures, and

practices at all times.practices at all times.– Obtain parental consent forms.Obtain parental consent forms.

New Curricula RisksNew Curricula Risks

New activities may lead to new dangers, New activities may lead to new dangers, liabilities, and outcomes.liabilities, and outcomes.– Example: in line-skatingExample: in line-skating– Trial and error approachTrial and error approach– Common sense approachCommon sense approach

Identify potential physical limitations and Identify potential physical limitations and danger.danger.

New Curricula Risks (Cont.)New Curricula Risks (Cont.)

Stress proper preparation.Stress proper preparation.

Maintain strict adherence to rules.Maintain strict adherence to rules.

Show active teacher awareness and Show active teacher awareness and presence at all times during activities.presence at all times during activities.

Be aware of national standards.Be aware of national standards.

Situations where physical Situations where physical education teachers were accused education teachers were accused of negligence and taken to courtof negligence and taken to court

1.1. Not properly supervising locker room and Not properly supervising locker room and facilitiesfacilities

2.2. Leaving activity room doors open and Leaving activity room doors open and unsupervised.unsupervised.

3.3. Giving your keys to students.Giving your keys to students.

4.4. Having students move equipment that Having students move equipment that they cannot handle easily.they cannot handle easily.

Situations where physical Situations where physical education teachers were accused education teachers were accused of negligence and taken to courtof negligence and taken to court

5.5. Permitting horseplay.Permitting horseplay.

6.6. Placing a student in the role of sole Placing a student in the role of sole supervisor of a class.supervisor of a class.

7.7. Not establishing safety rules before class Not establishing safety rules before class activity.activity.

8.8. Not becoming involved in resolving Not becoming involved in resolving conflict.conflict.

Situations where physical Situations where physical education teachers were accused education teachers were accused of negligence and taken to courtof negligence and taken to court

9. Neglecting to warm up students properly 9. Neglecting to warm up students properly before activity.before activity.

10. Physically over-extending a student.10. Physically over-extending a student.

11. Ignoring prescribed curriculum.11. Ignoring prescribed curriculum.

12. Bypassing fundamental skills.12. Bypassing fundamental skills.

13. Not continually reviewing and updating a 13. Not continually reviewing and updating a safety checklistsafety checklist

Situations where physical Situations where physical education teachers were accused education teachers were accused of negligence and taken to courtof negligence and taken to court

14.14. Not having a checklist.Not having a checklist.15.15. Not having an emergency plan.Not having an emergency plan.16.16. Permitting activity on a wet, slippery Permitting activity on a wet, slippery

floor.floor.17.17. Not providing special attention to Not providing special attention to

students with special needs.students with special needs.18.18. Leaving unnecessary equipment in the Leaving unnecessary equipment in the

way during activity.way during activity.

Situations where physical Situations where physical education teachers were accused education teachers were accused of negligence and taken to courtof negligence and taken to court

19.19. Permitting students to wear inappropriate Permitting students to wear inappropriate shoes or attire.shoes or attire.

20.20. Using correct equipment improperly.Using correct equipment improperly.

21.21. Participating in improper areas.Participating in improper areas.

22.22. Using an inadequately lighted class area.Using an inadequately lighted class area.

23.23. Hiring unqualified personnel.Hiring unqualified personnel.

24.24. Not informing proper school personnel of first Not informing proper school personnel of first aid procedures.aid procedures.

Situations where physical Situations where physical education teachers were accused education teachers were accused of negligence and taken to courtof negligence and taken to court

25. 25. Not maintaining written records of Not maintaining written records of objectives, incident reports, etc.objectives, incident reports, etc.

26. 26. Not posting safety rules in Not posting safety rules in conspicuous places.conspicuous places.

27.27. Failing to check equipment on a regular Failing to check equipment on a regular basis.basis.

28.28. Testing students’ abilities before Testing students’ abilities before teaching necessary skills.teaching necessary skills.

Situations where physical Situations where physical education teachers were accused education teachers were accused of negligence and taken to courtof negligence and taken to court

29.29. Permitting inappropriate running and Permitting inappropriate running and jumping in hazardous conditions.jumping in hazardous conditions.

30.30. Not maintaining awareness of legal Not maintaining awareness of legal issues.issues.

Your TurnYour Turn

What new curriculum activities would you What new curriculum activities would you like to introduce into your physical like to introduce into your physical education program?education program?

What sorts of liabilities would you have to What sorts of liabilities would you have to consider.consider.

Parental ConsentParental Consent

Parental consent is sought when activities Parental consent is sought when activities introduce conditions that may pose added introduce conditions that may pose added risk above that which could be assumed.risk above that which could be assumed.

This practice can be problematic:This practice can be problematic:– May raise high degrees of alarm in parentsMay raise high degrees of alarm in parents– May raise questions concerning parent6s May raise questions concerning parent6s

signing away the right to sue.signing away the right to sue.

Ensuring Success with Parental Ensuring Success with Parental ConsentConsent

Communicate directly with parents.Communicate directly with parents.

Provide reluctant parents with a list of Provide reluctant parents with a list of objectives and benefits to the student.objectives and benefits to the student.

Explain how potential problems have been Explain how potential problems have been identified and describe proposed solutions.identified and describe proposed solutions.

Ensuring Success with Parental Ensuring Success with Parental Consent (Cont.)Consent (Cont.)

Describe safety issues and procedures.Describe safety issues and procedures.

This information can all be included in a This information can all be included in a letter to the parents accompanying the letter to the parents accompanying the consent form.consent form.

Willful and Wanton ConductWillful and Wanton Conduct

Willful and wanton conduct involves a Willful and wanton conduct involves a more serious legal situationmore serious legal situation– Unjustifiable actions taken deliberately with Unjustifiable actions taken deliberately with

the intent to cause harm.the intent to cause harm.– It carries a higher standard of proof.It carries a higher standard of proof.

This situation can be career ending and This situation can be career ending and lead to financial ruin.lead to financial ruin.

Additional Areas of LiabilityAdditional Areas of Liability

Misunderstandings between teacher and Misunderstandings between teacher and studentsstudents

Inappropriate practices:Inappropriate practices:– Sexual harassment and misconductSexual harassment and misconduct– Exercise as punishmentExercise as punishment– Title IXTitle IX

Title IXTitle IX

1.1. Physical education classes may NOT be Physical education classes may NOT be conducted separately nor participation conducted separately nor participation required or refused based on gender.required or refused based on gender.

2.2. Students may be grouped by ability.Students may be grouped by ability.3.3. Students may be separated by gender Students may be separated by gender

for participation in wrestling, boxing, for participation in wrestling, boxing, rugby, ice hockey, football and other rugby, ice hockey, football and other sports where the major purpose of the sports where the major purpose of the sport is body contact.sport is body contact.

Title IX (Cont.)Title IX (Cont.)

When a single standards for skill When a single standards for skill measurement is used, and this adversely measurement is used, and this adversely impact on one sex, different standards impact on one sex, different standards without gender bias must be used.without gender bias must be used.