1 Tort Liability101: When are Teachers Liable? (1) Introduction (2) Intentional Torts (3) egligent Torts (Elements) (4) Additional Discussion a. Corporal Punishment b. Duty to Report Child Abuse c. Suspension / Expulsion d. Search & Seizure (5) Conclusion The purpose of this article is to provide stimulating thought regarding the legal tort exposure to which teachers are subject. It is in no way intended to serve as legal advice pertaining to the content or examples used. State laws vary, and a slight difference in facts can affect the outcome of a lawsuit. Introduction As a teacher, could you face personal liability in a school-related lawsuit? For most professional educators, the answer is simple: Your risk is minimal if you exercise common sense and good judgment. However, the issue of teacher and school liability in today s litigious society tells us that anyone can be subject to a lawsuit. The professional teacher should be educated as to his/her liability in the classroom, and be mindful of how to minimize exposure to lawsuits and student/parent complaints. Barring a discussion on contract law, there are two broad areas of the law pertinent to educators in the United States. The first, Criminal Law, addresses the wrongs against society in general. For example, if a substitute teacher drives to school under the influence of alcohol or drugs, then he/she is subject to state criminal laws and may be punished accordingly (i.e., fined, arrested, placed in jail or on probation). The second area, Tort Law, concerns civil wrongs and addresses the duty, breach and injury sustained to one individual as a result of another s conduct. For example, a science teacher allows a student to operate lab equipment unsupervised while he/she attempts to gain a quiet moment to finish a lesson plan. The student s lack of supervision and instruction results in injury to other students watching. The teacher can be held individually liable for the students injuries and risks a court award of monetary damages. Tort law is based on the legal premise that individuals are liable for the consequences of their own conduct (or lack of conduct) when such actions result in injury to others. In a school/classroom setting, tort law is the most common area of the law that subjects teachers to personal liability. 1 In most education-related civil lawsuits there are two main categories of tort liability relevant to the professional educator Intentional and egligent Torts. Intentional Torts Scenario 1: A Teacher s Aid is trying to calm an agitated student in your classroom when the student suddenly turns over his desk, throws a book and strikes back at the Aid in a fit of anger. In an attempt to restore order, you pick up the book, raise it above your head and slam it down on the desk in front of the child to get his attention. You then grab the student by the arm and lead him to the time-out area. The student struggles, curses, and screams that you are a child abuser and that his parents will sue. That evening, at the Parent/Teacher Association meeting, you casually describe the incident to several parents, remarking how unprofessional and inept the Aid was in resolving the situation. The next day the principal calls you and tells you that a policeman is at school to take a statement from you regarding a possible incident of child abuse. Is there a possible tort law liability? In schools across the United States, teachers and students alike have been found liable for committing intentional torts. As the name implies, intentional torts occur when an individual attempts or intends to cause harm to another. For intent to exist, the individual must be aware that injury will, or could, be the result of the act. 2 There are four common types of intentional torts that are seen in educational settings Assault, Battery, False Imprisonment and Defamation. 1 Alexander, K. & Alexander, M.D. (1992), American Public School Law. St. Paul, MN: West Publishing Company. 2 Emanuel on Torts: Capsule Summary (1994). Emanuel Publishing Corp.
2 Assault and Battery Assault refers to an overt attempt to physically injure a person or create a feeling of fear/apprehension of injury. There does not need to be actual physical contact in order for an assault to occur. For example, a student picks up a book and threatens to throw the book at another student. The threat could be in the form of (1) verbally expressing that he is going to throw the book, or by (2) creating the fear/apprehension in the other student that the book is going to be thrown at him through physical gestures of attempting to throw the book in his direction. Battery is the actual physical deed that is threatened by the assault. In the example above, a battery occurs when the first student actually throws the book at the second student and hits him. Battery can be as simple as a slight touching or as forceful as a punch or direct contact from an object that is thrown. In a classroom setting, Assault and Battery charges that are made against teachers are generally a result of a teacher s attempt to exercise discipline or while breaking up a fight. For this reason, courts have historically given a great deal of latitude to teachers who are charged with either Assault or Battery during the course of their school day. 3 However, courts have found teachers guilty of Assault and Battery when the degree of their discipline rises to the level of brutal, cruel or excessive, or is administered with malice and the clear intent to injure. While the main focus of courts appears to be on the teacher s egregious behavior, there are several factors that the courts tend to consider. The age of the student, the disciplinary instrument (if any) that was used by the teacher, the gravity of the student s offense and the discipline history of the student are examples. A court in Connecticut found a teacher guilty of Assault and Battery when the teacher slammed a student against a chalkboard and then against a wall. The teacher used excessive force, displayed a clear lack of self-control and severely injured the student. 4 Remember, Assault and Battery charges can be alleged by either the student or the parents (acting in the best interest of a minor), so it is always wise to have another school official present if physical discipline ever becomes necessary. False Imprisonment In an educational setting, False Imprisonment can be defined as intentional confinement by direct physical means, threats or by the assertion of legal authority. Teachers have been found guilty of False Imprisonment (detaining students against their will) for tying students to chairs if they would not stay seated; locking children in time-out closets, and even for taping a talkative student s mouth shut. 5 Confining children in the ordinary course of teaching (i.e., sending them to the administrator s office, detention hall, or after-school suspension) does not subject teachers to liability. It is when the act of confinement causes physical or mental stress that teachers need to be careful. The tort of False Imprisonment can easily be avoided with a simple dose of common sense. A child who may be claustrophobic should never be disciplined by being placed in a small room or closet. While this seems to be obvious on the surface, many teachers fail to discover a child s fear of confinement before exercising discipline. Defamation Under civil tort law, a person can be held liable for false statements that tend to harm another person s reputation. Statements are defamatory in nature if they tend to expose one to hatred, shame, disgrace, contempt or ridicule. When such statements are verbal, they are referred to as Slander. When statements are written, they are referred to as Libel. Since Defamation deals with a person s reputation, cases of libel or slander can only occur when the statements are made to a third party. In other words, a principal may write a defamatory letter to a teacher (about that teacher), but no libel is present unless the principal copies the letter to other parties. Statements may be defamatory on their 3 Alexander, K. & Alexander, M.D. (1992). 4 Sansone v. Bechtel, 429 A.2d 820 (Conn. 1980). 5 McCarthy, M..M. & Cambron-McCabe, N.H. (1992). Public School Law: Teachers and Students Rights (3rd ed.). Boston: Allyn and Bacon.
3 face. This has great legal significance because if an individual can prove that a statement was made falsely and was defamatory on its face, damages are automatically awarded. Historically, courts have ruled that any statement that falsely criticizes a teacher s professional competence is defamatory on its face. For example, the president of the Board of Education (Ohio) was found liable for the following defamatory statement about a teacher: He is not a fit person to teach in any school. He is no good as a teacher, and he will not get the school another year. He plays for dances and then goes to sleep in the school room during school hours. 6 If a false statement is not defamatory on its face, the injured person must show that he has been directly harmed in order to receive damages. Examples of harm commonly include loss of salary and mental/physical illness. While Defamation cases are often difficult to litigate and result in small damage awards, teachers should be extremely mindful to avoid sharing information about student (or co-teacher) behavior, academic performance or a student or co-teacher s personal characteristics with other teachers, parents or students. ************************** Scenario 1 Wrap-up ************************** In Scenario 1, possible charges of all the intentional torts discussed above could be made against the teacher. The act of gaining the student s attention by slamming a book down in front of him could easily have led to Assault and Battery charges if the book slipped and hit the student. And, the creation of a feeling of fear/apprehension could definitely have occurred. Physically grabbing the student if done in a brutal, cruel or excessive manner (i.e., leaving marks and bruises while the child struggles) could also lead to allegations of Battery. However, in Scenario 1, courts would most likely give wide latitude to the teacher since she was acting in the course of her duties. The timeout room incident could give rise to liability if the student had a propensity for deep claustrophobia. It can be easy for a teacher to overlook or simply not yet know that a child suffers from being claustrophobic. By far, the most dangerous tort charge that could be brought against our teacher in Scenario 1 is the charge of slander. Frustrated by the day s events, the teacher could have easily exaggerated the abilities of the Aid and subjected herself to liability. Tort liability is not always related solely to the relationship of teacher to student. Be mindful of the other teachers and staff when participating in gossip or critical conversations. While not seen in the first Scenario, the tort of sexual battery is unfortunately a common liability seen in schools today. Teachers must always be careful of inappropriate touching in the form of hugs, pats, kisses on the head, and the like, especially when involving the opposite sex. egligent Torts Scenario 2: Susan had been teaching second grade for ten years. One day during recess she noticed that several third graders were playing hide and seek near the school gymnasium. While they shouldn t have been playing in the janitor s closet, a broken lock provided the three younger boys an excellent hiding place. Knowing that the third grade teacher would soon be back to lead the students into class, and distracted by a large commotion in the faculty parking lot, Susan allowed the boys to have their fun and casually walked up the hill (just for a second) to see what was going on in the parking lot. The church van had accidentally backed into Susan s car and smashed her front windshield. As Susan talked to the apologetic Pastor, one of the boys hiding in the closet reached up onto a shelf and tipped over a container of professional strength floor cleaner which splattered into the boy s eyes and severely burned his skin. Can the school be held liable for the student s injuries? Can Susan be held personally liable? 6 Mulcahy v. Deitrick, 176 N.E. 481, 482 (Ohio Ct. App. 1931).
4 Being called into the school administrator s office and questioned for negligence in your duties as a teacher can be a most disheartening experience. Being served with an order to appear in front of a court to answer charges of negligence, which could result in personal liability, is downright scary. To understand negligence in an educational setting, it is important first to analyze the four elements of a negligent tort. They are Duty, Breach, Proximate Cause and Injury. Duty (The Duty to Protect) The first element of negligent torts concerns the duty a teacher owes to the students entrusted in his/her care. Outside of the classroom, courts look to whether a special relationship exists between two individuals in order to define the duty that one owes another. Special relationships are an important element of defining the duty that exists. For example, a swim team instructor and an Olympic diver were walking by the community pool and observed a child drowning. The swim team instructor may have had an obligation to attempt to save the child if that child was on her swim team and if the swim instructor knew the child personally. On the other hand, even though the Olympic diver may be a much stronger swimmer, because no special nexus or relationship exists between the child and the diver, he has no duty to act to save the drowning child. In a school setting, the duty a teacher owes to students is a foregone conclusion that is summarized in the legal doctrine of In Loco Parentis. Literally defined as in the place of the parents, this legal theory has historically been used to justify the power and authority that school officials have over students. 7 At the same time, this theory accounts for a heightened degree of responsibility for the care and well being of students under the control of a teacher, just as if the teacher were acting in the capacity of a parent. The student/teacher relationship by definition is a special relationship. Teachers have a duty to anticipate foreseeable dangers to students and to take steps to minimize those dangers. Specifically, a teacher s duties always include the following broad elements: adequate student supervision; responsibility to report the need for maintenance of equipment and facilities; heightened supervision of high-risk activities; or looking after the well being of students with special needs. In most negligence cases brought against teachers, the duty element is easily proven. 8 Breach (of Duty) The second element of negligence found in cases against educators occurs when teachers fail to exercise a standard of reasonable care, and, therefore, breach their duty to protect the well being of students. The breach of a teacher s duty, which causes liability, turns on the definition of standard of reasonable care. In other words, courts will judge a teacher s conduct based on how a reasonable teacher would have acted under similar circumstances. Factors that help to determine the standard of reasonable care exercised by a reasonable teacher include the following: (1) the training of the teacher in charge; (2) the experience of the teacher in charge; (3) the student s age/grade level; (4) the environment in which the injury occurred; (5) the type of instructional activity; (6) the proximity (presence or absence) of the teacher in charge; and (7) the special needs (disability) of the student if they exist. 9 Common sense tells us that kindergarten students will need closer supervision than high school students. In addition to the close supervision of younger students, teachers should always exercise heightened care in the instruction of vocational or hands-on classes (science lab, woodshop, culinary arts, etc.). Injuries are more frequent in these settings, and, subsequently, courts apply a higher standard of care doctrine toward the teachers involved. Additionally, students with special needs or disabilities always hold teachers to the highest of reasonable care standards. 7 Fischer, L., Schimmel, D., & Kelly, C (1999). Teachers And The Law (5 th edition). White Plains, NY: Addison Wesley Longman, Inc. 8 Ibid. 9 McCarthy, M..M. & Cambron-McCabe, N.H. (1992).
5 Proximate Cause The third element of negligent torts cases revolves around showing that there is a connection (proximate cause) between the breach of a teacher s duty (Element 2) and the student s injury that occurs because of that breach (Element 4). In other words, showing that the teacher failed to exercise a standard of reasonable care. To analyze proximate cause, courts look to the issue of foreseeability. Was the injury something that could have been anticipated by the teacher? If the injury could have been foreseen and prevented by a teacher exercising a standard of reasonable care, negligence could exist. However, there must be a logical connection between the injury and the standard of care. For example, failure to supervise the activities of young children during recess may prove to violate the standard of reasonable care. Should an injury occur that could have been prevented if a teacher were present to stop whatever activity lead to the injury, liability could exist against the teacher. Liability will not exist on the shoulders of a teacher if the injury could not have been prevented using a standard of reasonable care. In the example above, if the teacher were present during recess and if the injury that occurred resulted from a student s falling off a swing, no liability would exist if the student were swinging in a safe manner. However, if the swing were not properly maintained (worn or broken chains/seat) and if the teacher were aware of the condition of the swing, the teacher could be found liable for the student s injury. Injury The fourth element that must be shown in a negligence case is that a student sustained actual physical or mental injuries. No matter how great the duty (Element 1), how egregious the breach of that duty (Element 2), or how foreseeable the consequences and proximate cause of the teacher s standard of care (Element 3), there is no liability if actual injuries cannot be proven. ************************** Scenario 2 Wrap-up ************************** In Scenario 2, our teacher (Susan) is placed in a situation that could result in charges of negligence being filed against her. To analyze her liability, let s look at the four elements. Element one commands that we show a special relationship exists that would create a duty on Susan s part. Despite the in Loco Parentis doctrine, Susan is acting in the capacity of the playground supervisor. The student injured may not be in her class, but she is responsible for the well being of all the students on the playground while she is in charge. In addition to the responsibility of supervision, Susan failed to report the inadequate maintenance of facilities or equipment. Even though others most likely knew the janitor s closet lock was broken (which could place the school and administrators at risk for liability), Susan has a duty to report such observations as an acting supervisor in an area where children play. Element two turns on the failure of Susan to exercise reasonable care. Observing the boys playing in the closet and leaving the playground area unsupervised weigh unfavorably for Susan. The fact that she has been teaching for ten years holds Susan to the standard of a seasoned teacher and the level of care that such a professional would exercise. Element three deals with the proximate cause of the injury. Susan s failure to supervise (not stepping in to remove the boys from the janitor s closet where almost anyone would know that dangerous chemicals exist) and the resulting accident that caused a burning injury clearly show a nexus between Susan s actions and the resulting injury. Element four is automatically proven with the severe physical injury that occurred.
6 Additional Liability Situations Tort liability derived from student injuries is the most common risk teachers face. 10 Regular inspection of school grounds and equipment should be a routine task for every teacher. Adhering to teacher guidelines set forth by the school, always seeking guidance and the presence of another school official when physical discipline becomes necessary, and using written discipline, incident, or maintenance reports are the best ways teachers can reduce their exposure to liability. There are several additional sub-categories of tort and civil (in the educational setting constitutional) liability that are worth discussing. Corporal Punishment The old adage, spare the rod and spoil the child has clashed head-on with US courts in the area of teacher liability. Corporal punishment, when it becomes a teacher liability, is generally seen in charges of Assault and Battery or Child Abuse. While many states have specifically enacted legislation that allows for corporal punishment (most often spanking) in schools, the majority of states in the US specifically prohibit corporal punishment. 11 Regardless of the current state of acceptability, one should always exercise the greatest of care and diligence when advocating spanking at school. Again, the focus of most courts comes down to the reasonableness of the punishment provided and the manner in which it was administered. To be reasonable, punishment must relate to an educational purpose and not to the expression of a teacher s anger or frustration. The severity of the punishment (spanking) should always relate to the following: (1) the gravity of the offense, and (2) the ability of the student to bear the punishment. Therefore, the size, age, sex and physical/emotional condition of the child must always be considered. 12 Practicing corporal punishment will certainly not gain the adulation of students and parents. However, ironically, in states and public school districts that allow corporal punishment, school administrators cannot bar a teacher from exercising discretion to implement corporal punishment. 13 While corporal punishment is a practice still alive in the private school system, it is a practice that is increasingly exposing teachers to liability. While most courts would find in favor of a teacher and although most state agencies that investigate charges of child abuse would clear a teacher from liability, the stress of defending one s actions in court and the permanent record on file with a state child abuse agency serves as good reason for teachers to insist that administrators handle all corporal punishment, if it is deemed necessary. Duty to Report Child Abuse Every state, including all US territories, requires that teachers, administrators and school counselors report known or suspected cases of child abuse or neglect. Failure to do so can subject educators to criminal penalties under the law. Even though the federal government spurred on the laws for reporting child abuse and neglect with the passage of the 1974 National Child Abuse Prevention and Treatment Act, criminal and civil liability for child abuse reporting laws is governed by each state according to that state s definition of child abuse. Educators should always consult a school s local attorney if child abuse is suspected McCarthy, M..M. & Cambron-McCabe, N.H. (1992). 11 As of 1997, the following states prohibit Corporal Punishment by law, regulation or by rescinding laws allowing it: AK, CA, CT, HI, IL, IA, MA, ME, MD, MI, MN, MT, NE, NV, NH, NJ, NY, ND, OR, RI, SD, UT, VT, VA, WA, WV, WI. Fischer, et. al. (1999). 12 Ibid. 13 Frederickson v. Denver Public School District No. 1, 819 P.2d 1068 (Colo. Ct. App. 1991). 14 When child abuse is suspected, it is advisable to consult local counsel. With laws rapidly changing, educators can always contact the American Bar Association s National Legal Center on Child Advocacy and Protection at 1800 M St., NW, Washington, D.C , or (202)
7 Naturally, charges of child abuse should never be alleged unfounded. Serious accusations against parents automatically tend to get a negative response towards the accuser. However, as long as the charges are made in good faith and without malice, every state in the US protects individuals by granting civil or criminal immunity from liability associated with the reporting. 15 Educators should always create a detailed written report of facts and suspicions that lead up to the reporting of the alleged child abuse. Suspension & Expulsion (Due Process) Suspension and expulsion liability cases focus on the constitutional right granted all individuals under the 14 th amendment to the US Constitution. Among other areas, the 14 th amendment has been held to create a property right in education for which states shall not deprive of any person without due process. It is generally not the expulsion or suspension itself that creates liability; rather, it is the process that leads up to the expulsion. Tort liability for suspension and expulsion issues does not tend to apply to educators in the private school sector. Due process violations stem from public school systems, which are a natural extension of state governments. Search & Seizure In recent years, students have objected to locker searches under the theory that since the searches were unauthorized and conducted without a warrant, they violated the 4 th amendment right against illegal search and seizure. Again, this area of the law is most applicable to the public school sector, but it provides an interesting perspective on the physical search of students and student s lockers that private school officials can learn from. In the landmark Supreme Court case ew Jersey v. T.L.O., a divided court determined that school searches were justified when there are reasonable grounds for suspecting that the search will turn up evidence that a student has violated or is violating either the law or the rules of the school. 16 From additional ruling (stemming from lower courts using the T.L.O. opinion), the area of search and seizure has generally broken down into two areas. First, educators do not have to meet the criteria that police do (even police who want to search a school locker) or obtain a warrant to do so. Reasonable suspicion will justify searching a school locker. Second, educators are held to a higher standard for searching a student s person (i.e., clothes). Some states, such as Oklahoma, by statute forbid student strip searches without a warrant, while other states impose a high degree of reasonable cause to physically search a student. Conclusion Common sense and good judgment will always protect professional educators from placing themselves in a position of personal liability. However, there is no substitute for always properly documenting (in writing) situations and seeking the guidance of another school official before acting in a manner that could result in liability. Keeping the following tips in mind will help keep educators in the classroom and out of the courtroom. 1. Perform Your Duties even when they seem boring or repetitive. If you are assigned to monitor the hall during lunch, make sure you do it. The day you miss will be the day an injury occurs. 2. Provide Appropriate Instructions If you are a science teacher or teach a subject that involves students use of equipment or tools, make sure you take the time to thoroughly review safety procedures. Have these procedures written out and posted. Review the procedures often. 3. Adhere to School Discipline Rules; Don t Make Up Your Own Use common sense and a levelheaded approach to discipline. Students that are so unruly that they need harsh discipline should always be referred to the administrator. 4. Keep Private Information Private Do not discuss the performance of a student with anyone other than the student or the student s family. Frustration with co-workers is bound to happen from time-to-time. Do not get caught up in revenge-oriented gossip that can come back to haunt you. 15 Fischer, et. al. (1999) S. Ct. 733 (1985).
8 5. Avoid Touchy Situations Use extraordinary caution when touching students in any fashion. It is a sad reality that in today s environment, caring gestures can be construed the wrong way. 6. Keep Written Discipline Reports Document, document, document. Keeping a log of student incident reports establishes a pattern of thoroughness and may be the important bit of evidence needed to defend your reputation when bogus charges are filed against you. 7. Document Reports of Maintenance Issues Keeping a simple journal of concerns you report to school administrators can absolve you from liability should attorneys ever point the finger at you. 8. Punish in Pairs Always have another school official present when disciplining a student if necessary. Discuss the nature of the conduct and reasoning for your discipline method with another person before carrying out the discipline. 9. Maintain your Classroom/Lab Make it a habit to check the physical plant of any room or lab you work in on a regular basis. Having a checklist of areas to inspect can be valuable evidence and show your propensity for safety. 10. Do What is Best for the Student If you always act in the best interest of your students and make sure you do not let personal frustration or anger effect your decisions, liability is greatly diminished. John M. Drye, Esq. Educator Resources Legal Counsel & Chief Risk Strategist Mr. Drye serves as legal counsel and chief risk strategist for Educator Resources. With a nationwide network of team leaders, Educator Resources helps to serve over 11,000 churches and schools by bringing Fortune 500 quality benefits to our clients. Mr. Drye is a legal consultant to several national Christian school associations and is a nationally recognized author and lecturer. Mr. Drye can be reached for comment at Educator Resources national office in Atlanta, Georgia via or Related Websites:
Canadian Law 12 Negligence and Other Torts What is Negligence? Someone who commits a careless act that creates harm to another person is negligent. Over the past several years, negligence has become the
Chapter 5 Civil Law and Procedure Business Law Ms. Turner Crime Offense against society Tort Private or civil wrong; offense against an individual Can sue to receive money damages Can be both a crime and
Ethical dilemma in professional practice By Muhammad Iqbal Nursing Ethics: Unit-VII Objectives Define dilemma and professional obligation Identify common areas of negligence and nurses liability in these
February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 firstname.lastname@example.org Schiff Hardin LLP.
LEGAL ISSUES Why should I learn about legal issues? School administrators are typically the only personnel to receive training in classroom liability issues, yet teachers have the most responsibility for
How Do Crimes and Torts Differ? A crime is an offense against society. It is a public wrong. A tort is a private or civil wrong. It is an offense against an individual. If someone commits a tort, the person
Question 11 February 2013 Selected Answer 1 1. Yes, Hospital is liable for Dan's wrongful debt collection under the TDCA. The Texas Debt Collection acts prohibits a specifically enumerated list of specific
: Minnesota Criminal Code - Chapter 609 Overview This chapter provides an overview of Minnesota s Criminal Code, Chapter 609 of Minnesota Statutes, to help you recognize the most common types of criminal
CASE 0:12-cv-02811-RHK-SER Document 1 Filed 11/02/12 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA File No. Julius Chad Zimmerman, Plaintiff, v. Dave Bellows, in his individual and official
Legal Exemptions for Religious Based Medical Neglect Ariel Alvarez Montclair State University April 19, 2013 Center for Child Advocacy Overview *About the research and goals. *Methods *Results *Discussion
Chapter 11 Torts in the Business Environment Tort a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Two notions serve as the
Case :-cv-00-loa Document Filed 0// Page of 0 Bradley Jardis, vs. Keith M. Knowlton, L.L.C. SBN 0 S. Rural Road, Suite 0, PMB# Tempe, Arizona -00 (0 -; FAX (0 - Keith M. Knowlton - SBN 0 Attorney for Plaintiff
Chapter IV FACULTY LIABILITY I. Overview INTRODUCTION Faculty members are agents of their employers the college or university. In that capacity, the college is liable or responsible for their acts that
Old North Church Student Ministries Policies and Procedures Manual Last Updated: August 31, 2011 1 Dear Student Ministries Volunteer or Staff Member, We are excited that you are joining our team! At Old
THE NEWARK PUBLIC SCHOOLS Newark, New Jersey POLICY FILE CODE: 5131.6 (Page 1 of 7) Drugs, Alcohol, Tobacco and Steroids DRUGS, ALCOHOL, TOBACCO (Substance Abuse) It is the responsibility of the District
The In s and Out s of School Law: What You Need to Know Dr. Lee Banton, Professor Emeritus The very first act of a teacher is signing a legal document the contract! Read, study and understand the contract
WHAT HAPPENS NEXT? A guide to the NORTH DAKOTA CHILD PROTECTION SERVICES This guide is made available by NORTH DAKOTA CHILD PROTECTION SERVICES CHILDREN AND FAMILY SERVICES North Dakota Department of Human
Drugs, Alcohol, Tobacco, and Steroids 5131.6 Substance Abuse Policy It is the responsibility of the board of trustees to safeguard the health, character, citizenship, and personality development of the
Guide to Reference Checking Resource Information for Classified Supervisors and Managers Published by The Personnel Commission Table of Contents Page Introduction............................................................
Student Drug/Alcohol Prevention/Intervention Administrative Procedure 8057 General Guidelines for Student Searches & Seizure CONDUCTING SEARCHES & SEIZURES In many cases involving student use or suspected
Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.
MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE I. PURPOSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child neglect or
THE LAW AND YOU 15-1 Each state has particular laws that deal with acts usually committed by young people. Just because someone is under the age of 17 (considered a juvenile) does not mean that laws do
POLICY TITLE: Student Drug, Alcohol and Tobacco Use ABERDEEN SCHOOL DISTRICT #58 POLICY NO: 551 PAGE 1 of 5 PHILOSOPHY It is the Idaho Legislature s intent that parental involvement in all aspects of a
New Jersey Department of Children and Families Division of Youth and Family Services Questions and Answers on Child Abuse for School Personnel The Department of Children and Families (DCF) values the very
School Bullying and the Law in the David Quirke BA, LLM CONTENTS 1. Introduction. 2. The Role of the School.. 3. Criminal Law 4. Civil Law. 5. Cyber-Bullying... 6. Children s Rights 7. Conclusion. Introduction
Policy Options: Limiting Employer Liability When Hiring Individuals Formerly Incarcerated Employers in Philadelphia require skilled and dedicated workers in order to be successful. Returning citizens (those
Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment
Employer Liability for Employee Conduct by Lisa Mann 05-01-2000 EMPLOYER LIABILITY FOR EMPLOYEE CONDUCT: When Does An Employer Have to Pay? by Lisa Mann Modrall, Sperling, Roehl, Harris & Sisk, P.A. Employers
I. PURPOSE 414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child neglect
Overview of Sample Drug and Alcohol Abuse Policy All employers should have a vital interest in maintaining a safe, healthy, and efficient working environment. Being under the influence of a drug or alcohol
POLICY #414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE I. PURPOSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child
The State of Sexual Harassment in America: What is the Status of Sexual Harassment in the US Workplace Today? Steven V. Cates, DBA, SPHR Lynn Machin, Kaplan University, USA ABSTRACT The purpose of this
The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action
THE COMMONWEALTH EDUCATIONAL POLICY INSTITUTE CENTER FOR PUBLIC POLICY - L. DOUGLAS WILDER SCHOOL OF GOVERNMENT AND PUBLIC AFFAIRS Overview CEPI Education Law Newsletter Dr. Richard S. Vacca, Editor; Senior
Sample Abuse / Molestation Risk Management Program For Sports Organizations (Available exclusively for current clients of Sadler Sports And Recreation Insurance) DISCLAIMER THIS SAMPLE ABUSE / MOLESTATION
Knox College FAQs On Reporting Child Abuse and Neglect Since 1975, Illinois state law has required certain categories of public and private sector workers to immediately report suspected child abuse or
ARTICLE VIII CONDUCT ON CAMPUS 9801. RESPONSIBILITY OF BOARD OF TRUSTEES. The Board of Trustees shall prescribe and enforce rules relating to the conduct of students, college personnel, associated student
File: ACAB WESTFIELD PUBLIC SCHOOLS SEXUAL HARASSMENT POLICY I. Introduction It is the goal and policy of Westfield Public Schools to promote a workplace and learning environment that is free of sexual
A Stock Insurance Company, herein called the Company PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE Various provisions in this policy restrict coverage. Please read the
MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE Course Number Course Title Credits LEG 130 Civil Litigation I 3 Hours: Lecture/Lab/ Others 3/0/0 Pre-Requisites: None Catalog Description (2011-2013 Catalog)
POLICY NUMBER: CL CG 04 57 07 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the
LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances
INDEPENDENT SCHOOL DISTRICT #877 POLICY Buffalo-Hanover-Montrose INDEX TITLE Employee/Personnel SERIES NO. 400 Mandated Reporting of Child Neglect or POLICY TITLE Physical or Sexual Abuse CODE NO. 414.
HAZING AND BULLYING (Harassment, Intimidation and Dating Violence) The prohibition against hazing, dating violence, harassment, intimidation or bullying is publicized in student handbooks and in the publications
Campus and Workplace Violence Prevention Policy and Program SECTION I - Policy THE UNIVERSITY AT ALBANY is committed to providing a safe learning and work environment for the University s community. The
Acalanes Union HSD Board Policy Child Abuse Prevention And Reporting BP 5141.4 Students Child Abuse Reporting The Board recognizes that child abuse has severe consequences and that the district has a responsibility
Case: 1:15-cv-09957 Document #: 1 Filed: 11/04/15 Page 1 of 10 PageID #:1 JACLYN PAZERA Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION v. Case No.
EXHIBIT A GRIEVANCE FORM (use additional sheets where necessary) Filed: Department: Village of Freeburg Public Works Grievant s Name: Last First M.I. STEP ONE of Incident or Knew of Facts Giving Rise to
a threat made in school ADAM S BACKGROUND LEADING UP TO THE CRIME Adam, 15, is the youngest of four children. His parents are divorced. He lives with his mother, has regular contact with his father, and
CAMPUS SAFETY POLICIES OHIO TECHNICAL CENTER AT VANTAGE CAMPUS SAFETY AND SECURITY Campus policies regarding the reporting of criminal actions and emergencies: Vantage students and employees will report
Students BP 5141.4(a) CHILD ABUSE PREVENTION & REPORTING The Governing Board is committed to supporting the safety and well-being of district students and desires to facilitate the prevention of and response
Objectives: Pharmacist Liability With thanks to Martha Dye-Whealan, R.Ph., JD J.D. Define negligence and tort law Review limits of liability, including defenses to a negligence claim, and relate to pharmacy
STUDENTS CORONA-NORCO UNIFIED SCHOOL DISTRICT 5475 STUDENT RECORDS/RIGHTS RESOLUTION OF STUDENT GRIEVANCES PROHIBITION OF SEXUAL HARASSMENT The Governing Board is committed to maintaining an educational
Protection of Minors Vanderbilt University Policies and Procedures Effective Date: 4-1-2013 1 Policy 1 Vanderbilt University is dedicated to the welfare and safety of Minors who visit Vanderbilt s campus,
Torts Copyright July, 2006 State Bar of California After paying for his gasoline at Delta Gas, Paul decided to buy two 75-cent candy bars. The Delta Gas store clerk, Clerk, was talking on the telephone,
Why Obtain Student Medical Malpractice Insurance? Important Notice & Disclaimer Please Read! This presentation is for use by Western Washington University (WWU) students only. Neither WWU, nor any officer,
Oklahoma School Discipline Sources Cited Excerpted from Oklahoma Compilation of School Discipline Laws and Regulations Prepared: March 20, 2015 Oklahoma State Codes Cited Oklahoma Revised Statutes Title
Chapter 3 The Nursing Assistant Chapter Overview To protect patients and residents from harm, you need to know: What you can and cannot do What is right conduct and wrong conduct Rules and standards of
Campus and Workplace Violence 1 Prevention SECTION I Policy SUNYIT is committed to providing a safe learning and work environment for the college community. The College will respond promptly to threats,
Session 30 Tort Law 2 Negligence and intent Negligence and intent Negligence occurs when the following three conditions are satisfied The action is unintentional The action is unplanned An injury results
1 0 1 MARC D. ADELMAN Attorney at Law State Bar No. Liberty Station Historic Decatur Road, Suite 00 San Diego, CA - (1) -0 Phone (1) -0 Fax Email: AdelmanMD@aol.com Attorney for Plaintiff SUPERIOR COURT
ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND Introduction The purpose of this paper is to alert the reader to concepts used in the defense of construction related lawsuits and to suggest how
Central Texas Conference YOUTH MINISTRIES (Age of Youth in ministry program) POLICIES AND PROCEDURES MANUAL -1- Dear Youth Ministries Volunteer or Staff Member, Welcome to At our church, we take our responsibility
1 SAMPLE WORKPLACE VIOLENCE POLICY Please note that this is a generic template. Bill 168 requires that each employer identify the specific risks associated with each of their worksites, develop procedures
POTTSTOWN SCHOOL DISTRICT DRUG, NARCOTIC, AND ALCOHOL POLICY 6360 6360.1 Through the use of an up-to-date curriculum, classroom activities, community support and resources, a strong and consistent administrative
APPENDIX C HARASSMENT, BULLYING, DISCRIMINATION, AND HATE CRIMES (Adaptedfrom the Attorney General's Safe Schools initiative) This section of the Code of Conduct has been adapted from the Greenfield Public
Page 1 of 6 Background Employees, students, volunteers, parents and all others who visit District facilities are required to conduct themselves in a manner which promotes and protects the best interests
ACC OF WESTERN PENNSYLVANIA What In-house Lawyers Need To Know About Internal Workplace Investigations February 2, 2009 Presented By: Lynn C. Outwater, Esq. Vincent J. Tersigni, Esq. Can be sued if you
Springfield School District Policy Springfield, Vermont STUDENT ALCOHOL AND DRUG ABUSE Code F7 Policy 1. The Springfield School District is concerned with the safety, health and well-being of all of its
California Child Abuse and Neglect Reporting Law The first child abuse reporting law in California was enacted in 1963. That early law mandated only physicians to report physical abuse. Over the years,
STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL Searches and Arrests on School Property February 24, 2014 Opinion No. 14-21 QUESTIONS 1. Do public school students have any expectation of privacy in their
A Guide for the Non-Professional Provider of Supervised Visitation Superior Court of California County of Orange Answers To Your Questions A Guide for the Non-Professional Provider of Supervised Visitation
TORT LAW CONCEPTS FOR REGULATORS What is a Tort? A legal construct only exists when the law says it exists A private or civil wrong or injury Primary purpose is to compensate person injured by the actions
Background Check Laws: District of Columbia Scott J. Wenner and Joleen Okun, Schnader Harrison Segal & Lewis LLP This Article is published by Practical Law Company on its PLC Law Department web service
Acceptable Use of Information Technology No.: 3501 Category: Information Technology Services Approving Body: Leadership Team Executive Division: Learning and Technology Services Department Responsible:
Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014
Case:-cv-0 Document Filed0// Page of Michael Millen Attorney at Law (#) Calle Marguerita Ste. 0 Telephone: Fax: (0) -0 email@example.com Attorney for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT
Jonathan Hancock and Joann Coston-Holloway, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, with PLC Labor & Employment A Note describing state guns-at-work laws, sometimes known as parking lot laws.
Bullying and the Law: A Guide for Parents By Adele Kimmel, Esquire Public Justice, www.publicjustice.net Adele Kimmel is the head of Public Justice s Anti-Bullying Campaign, which represents bullying victims
Addressing Cyberconduct A Brief to the Department of Justice Canada June 2008 Canadian Teachers Federation Fédération canadienne des enseignantes et des enseignants Brief to the Canadian Ministry of Justice:
Duty of Care and Negligence Villamanta Disability Rights Legal Service Inc. Information Sheet Updated March 2007 What is Negligence? Negligence is when someone who owes you a duty of care, has failed to
E-4 Diversify responses to various degrees of misbehavior When you re in the middle of instruction, you may encounter an assortment of misbehavior that varies in degrees of severity and warrants different