Teacher & Manager Responsibilities

Introduction
Current 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.

Recent changes in the attitude

toward education and work place
environments have placed an
increased emphasis on
educational quality and workplace
safety.
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).

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--Responsibilities
For classroom teachers, the issue of
rights and responsibilities is
covered in three questions?
1. What are the rights of students?
2. Who is the custodian of these
rights?
3. What are teachers responsibilities
towards students?

In businesses and
manufacturing the CFR clearly
defines employees rights.
Right to know of the
hazards in the workplace
Right to a safe working
environment.
Cannot be terminated
without due process.

Employee Rights
Recognized employee rights:
1. The right to not be discriminated
against or harassed.
2. The right to be paid the minimum
wage, as well as any overtime.
3. The right to a safe workplace.

What responsibilities do
business owners and
managers have to ensure
the employee rights have
not been abused?

4. The right to take leave to care for

you or a family members illness,
birth, or adoption.
5. The right to privacy in personal
matters.
Not all of these are part of the CFR.

Students Rights
The courts have determined that all Three questions always arrive
students have the right to a quality when this topic is raised.
education.
1. What criteria are used to
determine the quality of
These decisions have replaced the
education?
separate but equal doctrine and the
2. Who has the responsibility to
separation of disabled students .
evaluate education?
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.

3. How do you accommodate

all students?

Teachers Responsibilities
The 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.

What is a quality education?

Quality means teaching

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

Seven (7) Categories of Hazards

1.
2.
3.
4.
5.
6.
7.

Mechanical
Electrical
Environmental
Chemical
Human
Animal
Fire

Question: 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:
1.
2.
3.
4.

Elimination
Modification
Follow standards and guidelines
Insurance

Owner & Manager Responsibilities

Owner & 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.

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Liability

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Symbol of Court System

Represented 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.

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Liability
Liability 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.

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Two Types Of Legal Cases

Statutory
Statutory cases are court
cases that involve the
violation of a law.

The amount of tort claim

judgments may be restricted by
Oklahoma Tort Claim Act
(OTCA)

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
person
Property: loss or damage to
personal property

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Oklahoma Tort Claims Act1

This 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 claim 2
Property 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 modifications

2

Different limits have been set for claims against cities and counties based on their
population.
http://www.oscn.net/applications/oscn/deliverdocument.asp?
id=436956&hits=2977+2976+2975+2680+2679+2678+2620+2619+2618+2193+2192+2191+141
5+1414+1413+1367+1366+1365+1135+1134+1133+1075+1074+1073+696+695+694+22+21+2
0+

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Scope of employment
You 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.

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Reckless Disregard
Reckless 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.

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Personal Injury Cases

When 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.

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Property Loss or Damage

In 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:
1. Proof of property damage or loss.
2. The defendant was the cause of the damage or loss.

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Negligence
Negligence is not determined by statutory law.
Definition: failure to provide appropriate care

Four elements of negligence

1. Actual damage resulted.
2. A standard or standards exist which covers the incident.
3. The person breached that standard(s).
4. The breach was the proximate cause of damages.

Breach based on Reasonable and Prudent test.

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Reasonable & Prudent

Reasonable 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.

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1. Actual Damage
After 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

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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 environments
Standards of the profession (teaching).
CFR

If 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.

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2. A standard exists which covers the incident-Characteristics of a profession

All 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.
1. Professional status cannot be attained by self-proclamination: it must
be earned, and others must bestow the title.
2. The person has a superior and distinct education in a field of
knowledge.
3. A professional does not intentionally directly or indirectly injure the
reputation of the profession.

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2. A standard exists which covers the incident-Oklahoma School Law1

Section 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:
1.
2.
3.
4.
5.
6.
7.
8.

Willful neglect of duty;

Repeated negligence in performance of duty;
Mental or physical abuse to a child;
Incompetency;
Instructional ineffectiveness;
Unsatisfactory teaching performance; or
Commission of an act of moral turpitude; or
Abandonment of contract.

http://www.sde.state.ok.us/home/home01_test.html?http://www.sde.state.ok.us/law/!

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3. The person breached that standard

In 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.

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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.

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Levels of Negligence
Slight negligence:

There are three degrees of

negligence,

The want of great care and

diligence

1. Slight
2. Ordinary
3. Gross.

Ordinary negligence:
The want of ordinary care
and diligence.

Gross negligence:
The want of slight care and
diligence

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Shared Negligence
If 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 shares
More 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.

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Negligence Per Se
Oklahoma 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.

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Situations were a teacher could be found negligent

1. An act was not properly performed and the instructor did not
employ appropriate care.
2. The instructor was absent from the instructional area.
3. The instructor permitted an unqualified person to be responsible
for his/her class.
4. 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.

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Situations were a teacher could be found negligent

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

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Situations were a teacher could be found negligent

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

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Sequence of Events

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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 help
Must follow established procedures.
Must inform supervisors.

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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.

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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.

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2. Plaintiff Seeks Compensation

Depending 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.

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3. Case in Court
Once 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.

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Possible Results

Individual is found guilty of negligence and the court awards the

plaintiff damages.
Two types of damages possible:
1. Actual
2. Punitive

Individual is found not guilty of negligence and no damages are

assigned.

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Questions

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