EDUC4133/EDUC5023 Teacher Responsibilities Revision PDF

Summary

This document is a course revision for a teacher training course. It discusses the professional, ethical, and legal responsibilities of teachers and includes case studies to illustrate important aspects such as duty of care, negligence, and vicarious liability.

Full Transcript

**EDUC4133/EDUC5023** *The Professional, Ethical and Legal Responsibilities of the Teacher* [Course Revision] **Professionalism** Standard 7 of the AITSL standards is *Engage Professionally with Colleagues, Parents/Carers and the Community*. How does this look in the classroom and school communi...

**EDUC4133/EDUC5023** *The Professional, Ethical and Legal Responsibilities of the Teacher* [Course Revision] **Professionalism** Standard 7 of the AITSL standards is *Engage Professionally with Colleagues, Parents/Carers and the Community*. How does this look in the classroom and school community? - Building strategies for effective collaborating with parents/carers. - Placing a large poster board at the front of the classroom/building block and putting regular communication notices for parents/carers to stay updated. - Scheduling parent-teacher interviews through the term to discuss the progress and achievements of their children. - Using e-mail as a form of communication between parents and teachers. - Using apps to share information such as seesaw. Define **duty of care** and explain the five factors used to determine duty of care using a case study of your choice. Remember to include bonus factors. Is a duty imposed by the law to take reasonable care to minimise the risk of harm to another. Duty of care is whenever and wherever a teacher-student relationship exists. Richards v State of Victoria Foreseeability -- Teacher should have foreseen that the argument might develop into a fight. Magnitude -- How likely this was going to occur; in this case it was high due to the students arguing. Gravity -- Refers to the severity of potential injury, in this case the injury was severe. Cost and Practicality -- Refers to the cost and practicality to implement measures to prevent harm, for this case, professional development in classroom management would be helpful and is reasonable and practical. Justification -- In this case, there was no justification to allow for argument to be ongoing. Age & Maturity -- In this case, the defendant tried to argue that the age of the students meant they were mature enough to not have intervention from the teacher, however, it was found that at 16 they are not mature enough. Define **negligence** and the three interrelated factors used to determine negligence. Explain the three factors using a case study of your choice. Negligence in education is when a school or teacher fails to provide a safe environment for students, resulting in injury, loss, or damage - A duty owed to the plaintiff (usually the student) by the defendant (usually the teacher/school) (i.e. a student-teacher relationship is present) - Defendant failed to exercise the required standard (duty) of care - Plaintiff must've suffered loss due to the lack of care, which was reasonably foreseeable Define **vicarious liability**. What are the three interrelated factors used to determine vicarious liability? Discuss these factors using a case study of your choice. *Where the employer is liable for their employee's negligence.* - There must be a tort (civil wrong) evident (usually negligence) - The teacher must be an employee of the defendant at the time of the incident. - The teacher must be acting in the course of their employment. Several **cases** were read, analysed and discussed in week two. Several of these cases [didn't] result in a negligence ruling. Give a brief synopsis of these cases highlighting their distinguishing factors -- why wasn't negligence determined? **Syme and Syme v Minister of Education** Year 1 student hit in the eye and blinded by a toy glider launched at him by another student in the classroom. Principal had previously banned gliders from being used in classrooms or quadrangle but permitted on the oval under supervision. Teacher had confiscated gliders from students in classrooms and both the Principal's directive and teacher's action had appeared to have been effective until the accident. Teacher had been writing at her desk when the accident occurred. He was hit in the eye by a glider fired in the confines of the classroom by another student, which left him with virtually no sight in that eye. **Barker v the State of South Australia** Teacher left the room for a short period of time, Class of 12  year old students No inherent danger in the tasks pupils were left to do and the class was not known to exhibit poor behaviour Asked the teacher in the next classroom to keep an eye on the class Student rocked back in her chair, and was pushed by another student which resulted in damage to her spine Negligence sought against the teacher for her absence Both cases were characterized by a focus on foreseeability, reasonableness, and the practical actions taken by teachers to mitigate risk. The courts concluded that the absence of foreseeability of harm, the reasonable measures taken by the teachers, and the understanding of children\'s cognitive abilities played crucial roles in determining that negligence had not occurred. In essence, neither case demonstrated a breach of the duty of care because the circumstances did not warrant a finding of negligence given the low risk and reasonable actions taken by the teachers. Revise **bullying** by addressing the following: Define bullying -- - Bullying is the systematic abuse of power and is defined as aggressive behaviour or intentional harm- doing by peers that is carried out repeatedly and involves an imbalance of power, either actual or perceived, between the victim and the bully. Types of bullying -- - Direct bullying = physical and verbal acts of aggression - Indirect bullying = includes social exclusion and rumours - Cyberbullying = online - Policy documents in relation to bullying - Resources to assist teachers and schools in creating safe environments Revise **mandatory reporting** by addressing the following: - Define mandatory reporting -- Legal obligation for teachers to report any sign or reasonable belief of sexual abuse. - Policy in relation to mandatory reporting - Teacher obligations - - Resources and programs to safe behaviours Tim Wong addressed several areas of student **wellbeing** in lecture four. Use the tables below to assist in your revision of these areas. +-----------------------+-----------------------+-----------------------+ | **Anxiety** | **Signs/Cues in | **Guidelines** | | | Student Behaviour** | | | **Definition** | | | +=======================+=======================+=======================+ | Emotion of feeling | Physical -- Sweating, |   | | tension and worried | headaches | | | thoughts. | | | | | Behaviour -- | | | Reaction in response | Concentration issues, | | | to stress. | participation | | | | avoidance/refusal | | | | | | | | Emotional -- Nervous, | | | | negative thoughts | | +-----------------------+-----------------------+-----------------------+ | **Personal | | | | reflections/implicati | | | | ons | | | | for teachers** | | | +-----------------------+-----------------------+-----------------------+ | **Depression** | **Signs/Cues in | **Guidelines** | | | Student Behaviour** | | | **Definition** | | | +-----------------------+-----------------------+-----------------------+ | Prolonged low mood -- | - Sad, anxious |   | | Mental health | | | | condition | - Aches, pains, | | | | headaches | | | | | | | | - Trouble | | | | concentrating | | | | | | | | - Suicide/Self-harm | | +-----------------------+-----------------------+-----------------------+ | **Personal | | | | reflections/implicati | | | | ons | | | | for teachers** | | | +-----------------------+-----------------------+-----------------------+ | **Youth Suicide** | **Signs/Cues in | **Guidelines** | | | Student Behaviour** | | | **Definition** | | | +-----------------------+-----------------------+-----------------------+ | Death caused by | Verbal indicators |   | | self-directed injury | | | | with intent to die | Withdrawing | | | between the ages of | | | | 10-25 | Mood/Appearance | | | | decline | | | | | | | | Drug, Alcohol and | | | | self harm | | +-----------------------+-----------------------+-----------------------+ | **Personal | | | | reflections/implicati | | | | ons | | | | for teachers** | | | +-----------------------+-----------------------+-----------------------+ Five categories of professional boundaries are outlined within the TRBWA document, ***Professional Boundaries in the Teacher-Student Relationship***. Define each of the boundaries below and give examples of breaches for each category. - **Emotional boundaries --** Using appropriate levels of emotion when interacting with students and dealing with their emotions appropriately. -- Example: Belittling and humiliating students, particularly Infront of others. - **Relationship boundaries -- Teacher-student relationship must be a professional relationship. Example: engaging in an intimate/romantic/sexual relationship** - **Power boundaries -- Teachers are in a position of power and authority; therefore they must not abuse it. Example: Bribing students when inappropriate behaviour has been conducted by the teacher.** - **Communication boundaries -- What the teacher says and how they say it. Example: Talking or joking about personal or sexual matter outside of the curriculum.** - **Physical boundaries -- Limit the physical contact, there is a time, place, and circumstances when it can be considered. Physical contact outside of removing them from danger that they cannot themselves, consoling when upset and administering first aid is a brwach.**

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