CH 15 – Legal Issues Associated with Teaching Physical Education.ppt

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 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 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. 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. 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? Parts to Negligence Duty Breach of duty Cause Damage Must have all four parts to be negligent Typical Areas of Negligence in Physical Education Supervision Instruction Classroom environment First aid emergencies Transportation 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. Teacher Supervision Determine whether students are properly and safely executing activities