Butler Elem Faculty Handbook 19-20 V2

LIBABILITY Few things cause more agony for a teacher than pending legal action. This agony can be avoided through “Legal Risk Management” practices. You are the professional. If you behave in a “reasonable and prudent” manner, and if your actions are not “arbitrary and capricious”, and if you act to protect the rights of students, parents, and peers, you will not likely have to face the unpleasant experience of meeting a student’s parent in court. The following guidelines might be helpful: 1) Reasonable and Prudent – behavior that a reasonable person, acting in a prudent manner, would likely pursue: Reasonable : see that students for whom you are responsible are adequately supervised at all times. Inspect equipment/ play area/ classroom periodically for hazards. Approach strangers on the premises and ask what they need, or ask for identification. Interrupt and stop potentially dangerous activities. Unreasonable : leaving students unsupervised, if only for a couple of minutes ; allowing potentially dangerous activities to continue, once you are aware of the potential hazard; expecting students to move heavy equipment on their own; failing to allow ill/injured students to contact their parents; not allowing students with noted medical needs appropriate follow through. 2) Arbitrary and Capricious – unequal or inconsistent treatment of individuals in such a way that rights/privileges are protected for some, but not afforded others. According to no apparent or consistent standard, such a standard would need to meet the “reasonable and prudent” test. Do provide the same opportunities for all your students. Don’t play favorites in either a positive or negative direction. 3) Protection of Student Rights : School attendance has been defined by the courts as a constitutional right. Home suspension must be preceded by a due process hearing and is to be handled by the principal. Reasonable efforts should be made to protect students’ privacy and property. If a search is necessary, contact the principal for assistance. If student property is confiscated (with cause), it must be returned to the student that day or contact must be made to the parent stating it will be kept until the parent can come get it. If you become involved in a questionable situation where you think liability may be an issue, be sure you contact the principal immediately. Do not make any statements or sign any documents until you have been authorized to do so. Guard against any statements that could be used against you or another staff member, friend, or student. This includes letters to vouch for a parent or guardian’s character. When in doubt, ask the principal!

- 15 -