Legal Issues Associated with Teaching Physical Education

1
Legal Issues Associated with Teaching Physical
Education

• Liability
• the number of lawsuits in physical education is
  increasing
• Physical education classes often involve larger
  class sizes.
• Larger classes are more difficult to supervise
• There is a greater likelihood that accidents will
  occur

2
Why Teachers Are at Risk for Liability

• The role of a teacher is high profile and has
  high responsibilities
• Teachers are recognized as professionals with
  certifications.
• Schooling and training should be consistent with
  national standards

3
Acts of Omission

• Actions purposefully omitted by you that lead to
  a situation with negative consequences are called
  acts of omission.
• Example not supervising activities
• These actions would be deemed to be significant
  and necessary to carry out professional duties.

4
Acts of Commission

• Actions committed by you that lead to situations
  with negative consequences are called acts of
  commission.
• Example threatening students with harm
• These actions would be deemed to be significant,
  unnecessary, and inappropriate from a
  professional teacher.

5
Negligence

• Level of negligence is determined in lawsuits
• What part did the teacher play in attempting to
  avoid conditions that led to injury?
• What role did the teacher play in sufficiently or
  improperly providing adequate care after an
  injury?
• Did the teacher act contrary to professional
  standards?

6
Parts to Negligence

• Duty
• Breach of duty
• Cause
• Damage
• Must have all four parts to be negligent

7
Typical Areas of Negligence in Physical Education

• Supervision
• Instruction
• Classroom environment
• First aid emergencies
• Transportation

8
Rules of Thumb for Avoiding Negligence Claims

• Use a common sense approach
• Be aware of effective guidelines practiced by
  other professionals in the field.
• Follow procedures and practices that are
  addressed in national organization guidelines.
• Follow procedures and practices that are
  presented in the text.

9
Teacher Supervision

• Determine whether students are properly and
  safely executing activities.
• Maintain an active, ongoing process of
  supervision throughout the activity.
• Encourage peer supervision as a supplement to
  teacher supervision.

10
Role of Instruction

• Teacher liability can be tied directly to
  students not being properly or sufficiently
  instructed before performing an activity.
• Students should not be asked to perform a
  movement when they lack personal capability
  judgment.

11
Role of Instruction (Cont.)

• Proper instruction must be given to students
  concerning proper protocols and procedures for
  setting up, using, and taking down equipment.
• Instruction dealing with proper safety should be
  simply stated.

12
Classroom Environment

• Teachers must be vigilant and aware of
  potentially dangerous conditions.
• There may be discrepancies between environmental
  conditions from day to day
• Space students accordingly to decrease potential
  incidents.
• Use equipment only in the manner for which it was
  designed.

13
First Aid Emergencies

• Moving students are more at risk of injury than
  sedentary students.
• The teacher should be expected to provide
  appropriate assistance to an injured student
• First aid treatment for injury or sudden
  illness before the injured person has access to
  hospital care or a treatment facility.

14
First Aid Emergencies (Cont.)

• Teachers should be trained in first aid and hold
  current first aid certificates.
• First aid procedures should be developed with
  colleagues and school staff
• Procedures should be permanently displayed
  throughout the school.
• They should be incorporated into your class
  objectives.

15
First Aid Emergencies (Cont.)

• Be aware of all students with pre-existing
  conditions.
• In the event of an incident, write a detailed
  report
• Include a brief rationale of what prevention
  measures were in place.
• Be as specific and clear as possible.

16
Transportation

• Transportation to outside facilities for school
  activities raises several issues.
• Liability is a concern.
• Follow school policies, procedures, and practices
  at all times.
• Obtain parental consent forms.

17
New Curricula Risks

• New activities may lead to new dangers,
  liabilities, and outcomes.
• Example in line-skating
• Trial and error approach
• Common sense approach
• Identify potential physical limitations and
  danger.

18
New Curricula Risks (Cont.)

• Stress proper preparation.
• Maintain strict adherence to rules.
• Show active teacher awareness and presence at all
  times during activities.
• Be aware of national standards.

19
Situations where physical education teachers were
accused of negligence and taken to court

• Not properly supervising locker room and
  facilities
• Leaving activity room doors open and
  unsupervised.
• Giving your keys to students.
• Having students move equipment that they cannot
  handle easily.

20
Situations where physical education teachers were
accused of negligence and taken to court

• Permitting horseplay.
• Placing a student in the role of sole supervisor
  of a class.
• Not establishing safety rules before class
  activity.
• Not becoming involved in resolving conflict.

21
Situations where physical education teachers were
accused of negligence and taken to court

• 9. Neglecting to warm up students properly before
  activity.
• 10. Physically over-extending a student.
• 11. Ignoring prescribed curriculum.
• 12. Bypassing fundamental skills.
• 13. Not continually reviewing and updating a
  safety checklist

22
Situations where physical education teachers were
accused of negligence and taken to court

• Not having a checklist.
• Not having an emergency plan.
• Permitting activity on a wet, slippery floor.
• Not providing special attention to students with
  special needs.
• Leaving unnecessary equipment in the way during
  activity.

23
Situations where physical education teachers were
accused of negligence and taken to court

• Permitting students to wear inappropriate shoes
  or attire.
• Using correct equipment improperly.
• Participating in improper areas.
• Using an inadequately lighted class area.
• Hiring unqualified personnel.
• Not informing proper school personnel of first
  aid procedures.

24
Situations where physical education teachers were
accused of negligence and taken to court

• 25. Not maintaining written records of
  objectives, incident reports, etc.
• 26. Not posting safety rules in conspicuous
  places.
• Failing to check equipment on a regular basis.
• Testing students abilities before teaching
  necessary skills.

25
Situations where physical education teachers were
accused of negligence and taken to court

• Permitting inappropriate running and jumping in
  hazardous conditions.
• Not maintaining awareness of legal issues.

26
Your Turn

• What new curriculum activities would you like to
  introduce into your physical education program?
• What sorts of liabilities would you have to
  consider.

27
Parental Consent

• Parental consent is sought when activities
  introduce conditions that may pose added risk
  above that which could be assumed.
• This practice can be problematic
• May raise high degrees of alarm in parents
• May raise questions concerning parent6s signing
  away the right to sue.

28
Ensuring Success with Parental Consent

• Communicate directly with parents.
• Provide reluctant parents with a list of
  objectives and benefits to the student.
• Explain how potential problems have been
  identified and describe proposed solutions.

29
Ensuring Success with Parental Consent (Cont.)

• Describe safety issues and procedures.
• This information can all be included in a letter
  to the parents accompanying the consent form.

30
Willful and Wanton Conduct

• Willful and wanton conduct involves a more
  serious legal situation
• Unjustifiable actions taken deliberately with the
  intent to cause harm.
• It carries a higher standard of proof.
• This situation can be career ending and lead to
  financial ruin.

31
Additional Areas of Liability

• Misunderstandings between teacher and students
• Inappropriate practices
• Sexual harassment and misconduct
• Exercise as punishment
• Title IX

32
Title IX

• Physical education classes may NOT be conducted
  separately nor participation required or refused
  based on gender.
• Students may be grouped by ability.
• Students may be separated by gender for
  participation in wrestling, boxing, rugby, ice
  hockey, football and other sports where the major
  purpose of the sport is body contact.

33
Title IX (Cont.)

• When a single standards for skill measurement is
  used, and this adversely impact on one sex,
  different standards without gender bias must be
  used.