This document discusses the standard of care and due process requirements for school superintendents. It defines standard of care in the context of tort law as requiring a duty, breach of duty, causation, and harm. The standard of care evolves with societal understandings of how a reasonably prudent person would act. Due process requires minimum procedures to ensure actions are not arbitrary, including notice and a meaningful opportunity to be heard. The document advises superintendents to take unprofessional conduct investigations seriously, consult legal counsel, and not be afraid to take reasonable risks while following policies and procedures.

1. Some Thoughts on Standard of Care for School Superintendents David A. Stolier, Sr. Assistant Attorney General

2. What do we mean by Standard of Care? TORT a private or civil wrong or injury, for which a court will provide a remedy in the form of an action for damages. A violation of a duty imposed by general law or otherwise. There must always be a violation of some duty owed a plaintiff (victim or harmed person). Most often that duty is one of reasonable care

3. Tort Duty [arises due to special relationship, statutory duty, or generalized duty of reasonable care] Breach of the duty Causation Harm

4. Duty of Reasonable Care How do we know what it is?That degree of care which a person of ordinary prudence would exercise in the same or similar circumstances. Failure to exercise reasonable care, if such failure proximately causes harm to another, is called “negligence “ Thus, the standard of care evolves with society’s understanding of how a reasonably prudent person would act. Where a standard is prescribed by law, violation becomes per se breach of duty

5. Evolution of Standard of Care -- Example Corporal punishment Sexual harassment Treatment of youth head injuries—Zack Lystedt Law. Bullying/harassment -- have a policy and place and follow it

6. DUE PROCESS No person shall be deprived of life, liberty, or property , without due process of law. --Washington Constitution article I, section 3. (U.S Constitution 14th Amendment) What does this mean? What process is due? Due to whom?

7. Due Process Process: Minimum procedures to ensure action is not arbitrary or erroneous. How much process is due? Due process is a flexible concept. How much process is due in a given situation requires balancing burdens of additional process on the government against the risk of erroneous deprivation of individual liberty, property. Due to whom? Anyone who is going to deprived of a property or liberty interest by the gov’t

8. You Are the Government Minimum requirement of procedural due process is Notice and Meaningful Opportunity to be Heard Substantive Due Process – freedom from arbitrary government action These principles can serve you well in a variety of settings

9. Other Thoughts on Risk Management Policies – Double edged sword Without one, may be taking arbitrary action With one, will be charged with following it Make complainants feel they are heard OEO is not the enemy Take your unprofessional conduct investigatory role seriously Consult with legal counsel Don’t be afraid to take reasonable risks