Teacher Liability Training Presentation

1. School LiabilitySchool Liability
Instruction & SupervisionInstruction & Supervision
Sexual Harassment or AccusationsSexual Harassment or Accusations
Ted Hayes, Senior Risk Manager
M3 Insurance Solutions
08/27/14

2. What would a prudent parent do?What would a prudent parent do?
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3. What would a prudent parent do?What would a prudent parent do?
Acting as a careful orActing as a careful or prudent parentprudent parent would act doeswould act does
not mean acting as a careful ornot mean acting as a careful or prudent teacherprudent teacher oror
reasonablereasonable personperson would act.would act.
It clearly means acting as a careful orIt clearly means acting as a careful or
prudent parent would act if faced withprudent parent would act if faced with
the same situation or circumstances.the same situation or circumstances.
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4. Standard of care factors include:Standard of care factors include:
- # of students involved in the activity# of students involved in the activity
- Nature of the activityNature of the activity
- Age of the studentsAge of the students
- Competency of the studentsCompetency of the students
- Degree of skill and trainingDegree of skill and training
- Nature/condition of equipmentNature/condition of equipment
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5. No matter the activity, ask the following questions:No matter the activity, ask the following questions:
Are our school activitiesAre our school activities ‘age appropriate’‘age appropriate’ for the studentsfor the students
involved?involved?
Do we provide theDo we provide the proper supervisionproper supervision that is required for thethat is required for the
activity?activity?
Do weDo we understand the risksunderstand the risks that are inherent to the activity?that are inherent to the activity?
Have we developedHave we developed emergency plansemergency plans for each activity?for each activity?
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6. No matter the activity, ask the following questions:No matter the activity, ask the following questions:
Have we identified the exposures and risks that our students willHave we identified the exposures and risks that our students will
be exposed to?be exposed to?
Have we thought about how significant the risks are and if they areHave we thought about how significant the risks are and if they are
worth taking?worth taking?
What will our school district do to reduce or eliminate these risks?What will our school district do to reduce or eliminate these risks?
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7. No matter the activity, ask the following questions:No matter the activity, ask the following questions:
Have the identified risks materialized in the past? If so, howHave the identified risks materialized in the past? If so, how
frequently and what was the result?frequently and what was the result?
What are other school districts doing to manage these same typesWhat are other school districts doing to manage these same types
of exposures?of exposures?
And possibly the most important question of all – if these studentsAnd possibly the most important question of all – if these students
were my own children, what would I do?were my own children, what would I do?
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8. Your school district’s duty of care applies:Your school district’s duty of care applies:
- In the classroomIn the classroom
- On school grounds or on the playgroundOn school grounds or on the playground
- On excursions or field tripsOn excursions or field trips
- Before and after school hoursBefore and after school hours
- During the transportation of studentsDuring the transportation of students
- Off school property if it is a schoolOff school property if it is a school
sponsored eventsponsored event
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9. What does it take for a plaintiff to successfullyWhat does it take for a plaintiff to successfully
sue the school district for damages?sue the school district for damages?
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Prove youProve you owedowed them a legal duty.them a legal duty.
Prove youProve you failedfailed in that duty.in that duty.
Prove theyProve they suffered damagessuffered damages causedcaused
by your breach of duty.by your breach of duty.

10. What is negligence?What is negligence?
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• Failure to exercise ordinary care.Failure to exercise ordinary care. Ordinary care isOrdinary care is
the degree of care which the majority of peoplethe degree of care which the majority of people
ordinarily use under the same or similar circumstances.ordinarily use under the same or similar circumstances.
• You fail ordinary care, when, without intending to doYou fail ordinary care, when, without intending to do
any wrong, you do an act, or omit a precaution, whichany wrong, you do an act, or omit a precaution, which
an ordinary person should have foreseen.an ordinary person should have foreseen.

11. Lack of supervisionLack of supervision
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• As to his/her students,As to his/her students, a teacher occupies aa teacher occupies a
position comparable to that of a parentposition comparable to that of a parent inin
regard to protecting children from harm/injury.regard to protecting children from harm/injury.
• This relationship requires a teacher to maintainThis relationship requires a teacher to maintain
a degree of supervision which ana degree of supervision which an ordinarilyordinarily
prudent teacherprudent teacher would maintain under same orwould maintain under same or
similar circumstances.similar circumstances.

12. Lack of supervisionLack of supervision
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•In arriving at your determination as toIn arriving at your determination as to
whether or not the teacher exercisedwhether or not the teacher exercised
ordinary care,ordinary care, you may weigh andyou may weigh and
consider the age, intelligence andconsider the age, intelligence and
experience of the students which theexperience of the students which the
teacher knew in the classroom.teacher knew in the classroom.

13. Lack of supervisionLack of supervision
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……may further weigh and consider themay further weigh and consider the
teacher’s responsibilities, such as theteacher’s responsibilities, such as the
curriculum required to teach, the dailycurriculum required to teach, the daily
schedule imposed, the number ofschedule imposed, the number of
students assigned to the classroom, thestudents assigned to the classroom, the
equipment, devices and other objects inequipment, devices and other objects in
the room.the room.

14. Lack of supervisionLack of supervision
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• If evidence supports the teacher failed toIf evidence supports the teacher failed to
supervise in a manner ansupervise in a manner an ordinary prudentordinary prudent
teacher would have maintained, then youteacher would have maintained, then you
will find the teacher negligent.will find the teacher negligent.
• If you are not so satisfied, then you willIf you are not so satisfied, then you will
find the teacher not negligent.find the teacher not negligent.

15. Failure to Instruct orFailure to Instruct or
WarnWarn
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• A teacher has the duty to instruct and to warnA teacher has the duty to instruct and to warn
students in his/her custody of any dangers in thestudents in his/her custody of any dangers in the
classroom which he/she know, or in the exercise ofclassroom which he/she know, or in the exercise of
ordinary care, ought to have known.ordinary care, ought to have known.
To instruct them in methods which will protect themTo instruct them in methods which will protect them
from those dangers, whether the danger arises fromfrom those dangers, whether the danger arises from
equipment, devices, machines, or chemicals.equipment, devices, machines, or chemicals.

16. Failure to Instruct or WarnFailure to Instruct or Warn
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A failure to warn studentsA failure to warn students
of such dangers, or toof such dangers, or to
instruct them on how toinstruct them on how to
avoid such danger, isavoid such danger, is
negligencenegligence..

17. Student InjuryStudent Injury
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When a student is injured on school premises orWhen a student is injured on school premises or
during a school sponsored event,during a school sponsored event, the student,the student,
their parents, or both can initiate a lawsuittheir parents, or both can initiate a lawsuit toto
recover medical costs as a result of the student’srecover medical costs as a result of the student’s
injuries.injuries.
Additionally, the suit may include a request forAdditionally, the suit may include a request for
payment for pain and suffering as a result of thepayment for pain and suffering as a result of the
injury.injury.

18. Student InjuryStudent Injury
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• The suit will be made against the school district;The suit will be made against the school district;
however, the teacher may be named in thehowever, the teacher may be named in the
lawsuit.lawsuit.
• Attorneys representing the injured student/parentsAttorneys representing the injured student/parents
hope that the school district/teacher has allowed thehope that the school district/teacher has allowed the
injury to occur or the teacher has failed to doinjury to occur or the teacher has failed to do
something that resulted in the injury. In other words,something that resulted in the injury. In other words,
acts of commission or acts of omissionacts of commission or acts of omission..

19. Proper SupervisionProper Supervision
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An important area of concern when dealing withAn important area of concern when dealing with
liability is proper supervision.liability is proper supervision.
Supervision is the first area and generally theSupervision is the first area and generally the
most common area where recovery is sought.most common area where recovery is sought.
An attempt may be made to show that theAn attempt may be made to show that the
school district/teacher failed to superviseschool district/teacher failed to supervise
adequately.adequately.

20. Proper SupervisionProper Supervision
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• This may entail determining if there was not enoughThis may entail determining if there was not enough
supervisors present or the supervisor(s) were doing ansupervisors present or the supervisor(s) were doing an
inappropriate job of supervision.inappropriate job of supervision.
• Number of students to be supervised.Number of students to be supervised.
– There is no magic numberThere is no magic number as to how many studentsas to how many students
one teacher may adequately supervise. It goesone teacher may adequately supervise. It goes
without saying that when the number of studentswithout saying that when the number of students
increase, so should the number of supervisors.increase, so should the number of supervisors.

21. Proper SupervisionProper Supervision
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• Size of the area to be supervisedSize of the area to be supervised
– Are your teachers supervising a small classroom or aAre your teachers supervising a small classroom or a
large outdoor play area?large outdoor play area?
• Age of the studentsAge of the students
– Younger students may require more supervision.Younger students may require more supervision.
• Nature of the studentsNature of the students
– Are there special needs or handicapped studentsAre there special needs or handicapped students
involved?involved?

22. Proper SupervisionProper Supervision
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• Nature of the activityNature of the activity
– Are the students quietly working at their desksAre the students quietly working at their desks
or are they using power tools in a technologyor are they using power tools in a technology
class?class?
• Line of SightLine of Sight
– Teachers should be positioned so they can seeTeachers should be positioned so they can see
the entire area; avoid turning their back to thethe entire area; avoid turning their back to the
majority of the students.majority of the students.

23. Proper SupervisionProper Supervision
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• Do not leave students in aDo not leave students in a hazardous areahazardous area
unsupervised for any amount of time.unsupervised for any amount of time.
• Keep supervisionKeep supervision mobile and movingmobile and moving aroundaround
the supervised area.the supervised area.

24. Instructions, Warnings, InspectionsInstructions, Warnings, Inspections
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• In many liability casesIn many liability cases,, recovery will be attempted torecovery will be attempted to
show that the school district/teacher failed toshow that the school district/teacher failed to
properly instruct or warn students of a hazard orproperly instruct or warn students of a hazard or
danger.danger.
• Recovery may also attempt to show that a piece ofRecovery may also attempt to show that a piece of
equipment failed and that failure was because theequipment failed and that failure was because the
school district/teacher failed to properly inspect orschool district/teacher failed to properly inspect or
maintain the equipment to ensure that it was inmaintain the equipment to ensure that it was in
proper working condition.proper working condition.

25. Instructions, Warnings, InspectionsInstructions, Warnings, Inspections
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• Have complete instructions been given?Have complete instructions been given?
– It doesn’t matter if it is an activity in gym class orIt doesn’t matter if it is an activity in gym class or
instructions on how to use a table saw - properinstructions on how to use a table saw - proper
instructions must be given to all students involved.instructions must be given to all students involved.
• What books, manuals, and instructional papers haveWhat books, manuals, and instructional papers have
been used to serve as the basis for these instructions?been used to serve as the basis for these instructions?
– If it involves using a piece of equipment or machinery,If it involves using a piece of equipment or machinery,
always utilize the instructional materials provided byalways utilize the instructional materials provided by
the equipment manufacturer.the equipment manufacturer.

26. Instructions, Warnings, Inspections
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• Were safety tests used with a mandatory 100% grade?Were safety tests used with a mandatory 100% grade?
– Only when students answer all questions correctlyOnly when students answer all questions correctly
can they be allowed to used certain types ofcan they be allowed to used certain types of
equipment or machinery.equipment or machinery.
• Are written rules posted on and around the equipmentAre written rules posted on and around the equipment
or machinery?or machinery?
• The nature of the activity relative to the students thatThe nature of the activity relative to the students that
are to perform it.are to perform it.

27. Instructions, Warnings, InspectionsInstructions, Warnings, Inspections
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• How safe is the activity?How safe is the activity?
• Have all recommended safety measures beenHave all recommended safety measures been
taken?taken?
• Never force a student to do something they areNever force a student to do something they are
scared of or do not want to do.scared of or do not want to do.

28. 28
Sexual HarassmentSexual Harassment
or Accusationsor Accusations

29. Sexual Harassment or AccusationsSexual Harassment or Accusations
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Defined as an unwelcomed behavior of a sexual natureDefined as an unwelcomed behavior of a sexual nature
that interferes with your student’s ability to learn or tothat interferes with your student’s ability to learn or to
participate in school activities.participate in school activities.
May range from mildly annoying behavior to somethingMay range from mildly annoying behavior to something
as serious as sexual assault.as serious as sexual assault.
Even if allegations prove to be false, reputations/careersEven if allegations prove to be false, reputations/careers
may be permanently damaged and bad feelings maymay be permanently damaged and bad feelings may
develop between the school and the community.develop between the school and the community.

30. What Constitutes Sexual Harassment?What Constitutes Sexual Harassment?
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Touching a student’s clothing or placingTouching a student’s clothing or placing
your hands in a student’s pockets.your hands in a student’s pockets.
Unwelcome physical contact or gestures.Unwelcome physical contact or gestures.
Offensive communications - letters,Offensive communications - letters,
emails, phone calls.emails, phone calls.
Displaying offensive materials such asDisplaying offensive materials such as
posters, emails, cartoons.posters, emails, cartoons.

31. What Constitutes Sexual Harassment?What Constitutes Sexual Harassment?
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Asking questions of a sexual nature.Asking questions of a sexual nature.
Sexual comments or jokes.Sexual comments or jokes.

32. Controlling Sexual HarassmentControlling Sexual Harassment
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Outside of the normal school day, avoid beingOutside of the normal school day, avoid being
alone with students in your classroom –alone with students in your classroom –
especially opposite sex students.especially opposite sex students.
If a teacher must be alone with a student beforeIf a teacher must be alone with a student before
or especially after school, ensure thator especially after school, ensure that
administration is aware of this meeting.administration is aware of this meeting.

33. Controlling Sexual HarassmentControlling Sexual Harassment
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Never meet with a student alone, behind a closed door.Never meet with a student alone, behind a closed door.
If your door window is covered with paper orIf your door window is covered with paper or
decorations – remove them.decorations – remove them.
Keep the meeting room door open whenever possible.Keep the meeting room door open whenever possible. IfIf
there are privacy or confidentiality concerns, move thethere are privacy or confidentiality concerns, move the
meeting to the office area where other schoolmeeting to the office area where other school
employees are present.employees are present.

34. Controlling Sexual HarassmentControlling Sexual Harassment
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Meet with students in open areas whenever possible.Meet with students in open areas whenever possible.
Hold your meetings in a conference room in the mainHold your meetings in a conference room in the main
office area, the cafeteria, or a classroom that has anoffice area, the cafeteria, or a classroom that has an
adjoining door to another classroom.adjoining door to another classroom.
Don’t ever physically touch a student in a way that couldDon’t ever physically touch a student in a way that could
be viewed as inappropriate by others.be viewed as inappropriate by others. This includesThis includes
rubbing a student’s neck/shoulders, tickling, hugging orrubbing a student’s neck/shoulders, tickling, hugging or
any other body contact.any other body contact.

35. Controlling Sexual HarassmentControlling Sexual Harassment
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Never display sexually suggestive materials in theNever display sexually suggestive materials in the
classroom such as videos or Internet images.classroom such as videos or Internet images.
Don’t make sexually or physically suggestive gesturesDon’t make sexually or physically suggestive gestures
about anyone in front of students.about anyone in front of students.
Avoid personal meetings with students off schoolAvoid personal meetings with students off school
grounds.grounds. It’s just not a good practice to meet withIt’s just not a good practice to meet with
students for a meal, even in a public restaurant settingstudents for a meal, even in a public restaurant setting

36. Controlling Sexual HarassmentControlling Sexual Harassment
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As a teacher, refrain from counseling students in non-As a teacher, refrain from counseling students in non-
academic or personal matters.academic or personal matters. Don’t ever haveDon’t ever have
conversations with students that are consideredconversations with students that are considered
romantic or sexual in nature.romantic or sexual in nature.
As a school employee, don’t discus your personalAs a school employee, don’t discus your personal
problems with your students.problems with your students.
Never give students hall passes to come to yourNever give students hall passes to come to your
classroom for non-school related matters.classroom for non-school related matters.

37. Controlling Sexual HarassmentControlling Sexual Harassment
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Don’t lend your vehicle to students or transport studentsDon’t lend your vehicle to students or transport students
in your personal vehiclein your personal vehicle without the knowledge ofwithout the knowledge of
school administration and the permission of theschool administration and the permission of the
student’s parent/guardian.student’s parent/guardian.
Never entertain students in your home unless it is anNever entertain students in your home unless it is an
approved school-sponsored event.approved school-sponsored event. The student’sThe student’s
parents/guardian must have full knowledge of theparents/guardian must have full knowledge of the
activity. Additionally, it is never a good idea to have aactivity. Additionally, it is never a good idea to have a
student come to your home alone.student come to your home alone.