Law Midterm Notes PDF

Law midterm notes: Week 1 notes: Types and Sources of Laws Directly Applying to Schools The following are sources and types of laws that are directly related to public education and to educators: o Provincial legislation (e.g., Education Act), regulations, policies...

Law midterm notes: Week 1 notes: Types and Sources of Laws Directly Applying to Schools The following are sources and types of laws that are directly related to public education and to educators: o Provincial legislation (e.g., Education Act), regulations, policies ▪ the main laws are the education act. Every province has an education act o District and school policies o Professional codes of ethics o Teacher certification regulations o Collective agreements Types and Sources of Laws Applying to Schools: *these laws aren’t designed for education but they affect education which makes it hard Criminal law o Someone’s personal property is stolen Civil law Administrative law Constitutional law Indian Act and other Aboriginal and Indigenous laws Labour law Family law Copyright law International law Human rights legislation Constitutional Basis of Education Law: Constitution Act, 1867: Provincial governments have exclusive authority to pass laws related to education (s. 93). o education is provincial so each province has their own rules Section 93 also provides specific protection for denominational rights in each province. Section 91 gives the federal government jurisdiction over “Indians, and lands reserved for the Indians” and over divorce law. Section 92 gives provincial governments exclusive authority in matters related to health and property and civil rights matters. Constitution Act, 1982 (which includes the Canadian Charter of Rights and Freedoms): Includes two provisions specifically related to education (ss. 23 and 29). Application of the Charter in Schools: The Charter is a subset of the Canadian constitution. The Charter applies to government and government actors or those carrying out a governmental function.  In public schools, teachers are government actors and therefore subject to the Charter in their dealings with students and parents. However, when teachers are dealing with their public school employers (or representatives such as their principals), then teachers are entitled to Charter protections. Note that the Charter protects students and parents, but they are not bound by the Charter. -if u teach in public school you are bound by the charter -u have to respect the charter rights of students but you as an employee also have a charter –charter applies to teachers doing their job, a charter doesn’t apply to students or parents Prior to the enactment of the charter in 1982, most of the time judges respected the day-to-day decision making of educators and left the running of schools up to the teachers and administrators. o This is known as judicial deference, meaning that the judiciary usually respected and supported decisions made by educators on the premise that educators were trained to run the schools, and it was they who had the legislative authority to do so. o This changed significantly following introduction of the charter Key Provisions of Charter: Section 1: Reasonable limits clause Section 2: Fundamental freedoms Section 7: Fundamental justice Section 8: Search and seizure Section 12: No cruel and unusual treatment or punishment Section 15: Equality rights Section 16.1: English and French communities in NB Section 23: Minority language rights Section 24: Remedies for violations of Charter rights Section 25: Aboriginal rights Section 27: Multicultural heritage of Canada Section 28: Rights guaranteed equally to men and women. Section 29: Denominational rights Section 32: Application of the Charter Section 33: Notwithstanding clause Relevance to Education The sections in the Charter that have direct relevance to the work of teachers and administrators include the following: Section 1: Guarantee of Rights and Freedoms  Section 2: Fundamental Freedoms Sections 7–12: Legal Rights Section 15: Equality Rights Section 23: Minority Language Education Rights Section 24: Enforcement The charter’s national scope: This “nationalizing influence” of the Charter (MacKay & Sutherland, 1992) is a positive development in education because it ensures a certain degree of uniformity and consistency for students all across Canada. Section 1: Reasonable limits clause o all of these rights could be limited. In the US they don’t have this, their charter is very declarative (i.e freedom of speech. If a student says bad stuff at school, the school wants to limit that and the court starts to allow the schools to not allow some of this speech) ▪ permeating the charter is the concept of reasonableness. These kids cant have all unrestricted freedoms (like freedom of speech, hate speech can happen). So section 1 acknowledges that the concept of reasonableness must prevail in interpreting rights; no rights are absolute ▪ The Charter therefore acknowledges that limitations may from time to time be placed on rights and freedoms in order to promote broader social well-being within the Canadian community. ▪ Individual school policies (e.g., student discipline policies), teachers’ codes of ethics, teacher collective agreements, education acts, and school board policies are all examples of laws and regulations that restrict behaviour in the school setting. As long as these various regulations demonstrate that they are reasonable and necessary for the efficient running of schools, the courts should not have a problem with respect to their conforming to Section 1 of the Charter. Section 2: Fundamental freedoms o Everyone has these fundamental freedoms: freedom of conscience and religion; o freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; o freedom of peaceful assembly; and o freedom of association. Section 7: Fundamental justice 7-12 is o Everyone has the right to life, liberty and security of the person and the right not about to be deprived thereof except in accordance with the principles of fundamental legal rights justice. ▪ Fundamental justice is defined as “[giving] persons specifically affected by the decision a reasonable opportunity of presenting their case, [being listened] to fairly and [having a decision reached] untainted by bias”  ▪ Treat kids with dignity and respect, kids to an extent should be granted some confidentiality and privacy, lets students share their side of the story, inform them of the rationale behind decisions, decide if the parent should be informed depending on severity, give the parent the opportunity to present an appeal for a suspension or expulsion (appeal could be a simple phone call between them and the principal, doesn’t need to be super formal ▪ Students should be given due process or procedural fairness. Justice should be given but there should also be the perception that justice was given Section 8: Search and seizure o Everyone has the right to be secure against unreasonable search or seizure. o there are situations that necessitate the searching of students’ belongings and lockers. From time to time, items of value are stolen in schools, and drugs and other illegal paraphernalia are brought into school buildings, jeopardizing the safety and security of all those who are housed in those buildings. o The following advice with respect to the approach to be taken when searching students is offered as a result of the R. v. M. (M. R.) appeal to the Supreme Court of Canada in 1998: ▪ 1.A warrant is not essential in order to conduct a search of a student by a school authority. ▪ 2.The school authority must have reasonable grounds to believe that there has been a breach of school regulations ▪ 3.School authorities will be in the best position to assess information given to them and relate it to the situation in their schools. ▪ 4.The compelling nature of the information and the credibility of these or other sources must be assessed by the school authority in the context of these circumstances existing at the particular school. (the tip needs credibility) o Supreme court on searches: ▪ 1.teachers and principals are authorized to conduct searches of their students in appropriate circumstances. In the school environment, such a statutory authorization would be reasonable. ▪ 2. The search itself must be carried out in a reasonable manner. It should be conducted in a sensitive manner and be minimally intrusive. ▪ 3. In order to determine whether a search was reasonable, all the surrounding circumstances will have to be considered. ▪ 4. This modified standard for reasonable searches should apply to searches of students on school property conducted by teachers or school officials within the scope of their responsibility and authority to maintain order, discipline and safety within the school. Section 12: No cruel and unusual treatment or punishment o Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.  o Includes physical pain, ridicule, degradation, and extreme sarcasm in the classroom and in administrative offices o It is imperative that educators to treat them fairly and with the dignity and respect that we, ourselves, would expect if we were those students. Section 15: Equality rights o Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. o Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. o treating people equally does not always result in equality. Some pupils must be treated differently in order to have equality. Section 16.1: English and French communities in NB Section 23: Minority language rights o 3 main criteria: ▪ Mother tongue. If your mother tongue (first language learned and still understood) is French and you live in a mainly English-speaking province, you have a constitutional right to have your children educated in French. it insures that French Canadian children have access to an education in French, even if their parents did not receive instruction in French. This applies in all provinces except Quebec. ▪ Language in which the parents were educated in Canada. If you were educated in English in Canada and you live in Quebec, you can send your children to school in English in that province. Similarly, if you were educated in French in Canada and live in one of the other nine provinces, you can have your children educated in French in those provinces. ▪ Language in which other children in the family are receiving or have received their education. If you have one child who has received primary or secondary school instruction in English or French in Canada, you have the right to have all your children educated in the same language. o These rights depend on there being a sufficient number of children eligible for minority language education in an area to warrant setting up schools in that language out of public funds. o Criteria two and three — language in which parents and other children were educated — apply with respect to the minority language education systems (either French or English) in all provinces and territories. Section 24: Remedies for violations of Charter rights o This section refers to the enforcement of the rights and freedoms guaranteed in the Charter (see Appendix A for the full text). Persons or groups who feel that they have had their rights and freedoms denied or infringed upon may apply to a court for a remedy deemed appropriate and just in the circumstances.  o Ex. If some public servant should attempt to prevent your group from religious worship, you would be able to apply for a restraining order and sue for damages, if any. If you were an accused person and denied bail without just cause, you would be able to apply to another court for a bail order. Section 25: Aboriginal rights Section 27: Multicultural heritage of Canada Section 28: Rights guaranteed equally to men and women. Section 29: Denominational rights Section 32: Application of the Charter Section 33: Notwithstanding clause Sections 1, 32, 33: Section 1: Reasonable limits (Oakes test) o Pressing government objective o Rational connection o Minimal impairment o Proportionality Section 32: Charter applies only to government actors Section 33: Notwithstanding clause -anytime a school makes a rule, they create a limit. Section.1 says that charter rights can have reasonable limits -create a limit to achieve what they need to but not violate the charter, there is a line -anytime a school makes a rule, you are probably limiting someone’s charter rights Provincial Human Rights Legislation: According to the Canadian Constitution, civil rights matters fall into provincial jurisdiction. Every province has human rights legislation (e.g., NB Human Rights Act, 2011) Lengthy list of prohibited grounds of discrimination Typically addresses discrimination in employment, housing, accommodations, and services offered to the public (which includes education) Allowance for bona fide requirements or other exceptions in legislation. -the list now captures more themes than before that may cause discrimination. Now encapsulates SES for example. NB Education Act: The main legal framework for public education in NB is found in the NB Education Act (1997). There are also regulations and policies that flow from the Education Act. Each province has their own education act with few differences but many similarities. Most education acts include the following sections:  o Students ▪ each province has a different outline for students but they all have similar themes and a common intent expressed by the various words and phrases used: compliance, obedience, courtesy, diligence, respect for the rights of others, regular attendance, and punctuality. These are cited in education acts on a consistent basis. ▪ Right of Access and Attendance The right to attend school is universal across Canada. Generally speaking, the age limitations range from six to twenty-one years, with some exceptions. Compulsory schooling begins at the age of six, but in many provinces there is a non-compulsory kindergarten program for students who turn five by the end of December of that school year. ▪ Home instruction: most provincial legislation in Canada allows for this type of instruction “as long as the education provided is approximately equivalent to the standard found in the public schools” o Teachers, administrators, parents ▪ Teachers: Four main themes emerge from this sample of teacher expectations: Teaching the prescribed curriculum Accountability Maintenance of order and discipline Teacher professionalism ▪ Principals: The role of principals receives substantial attention in education acts across Canada. This is not surprising as the principal is touted as the instructional leader and a major player in the education of students 3 main themes: o Instructional or educational leadership o Maintenance of order and discipline o Accountability o Schools o School councils and school boards Some notes on the NB Education Act: Education age: 5-21 Positive learning environment is big for teachers The minister holds a lot of power – In charge of everyone and everything in education – Provincial assessments – Pilot new curricula  – Health and wellbeing, school infrastructure, transportation – Lots of support for the minister Emphasis on Indigenous education now Everyone that is school-age is entitled to the same rights and privileges. These don’t apply to students that do a lap year (graduated but came back to get extra courses) International pupils – They have a tuition fee charge (this is a huge cash cow for the school. Due to this, they starting recruiting international students and big educator people from different countries would come check it out and send students) Proof of immunization- some records are required for them to be in school Personalized learning plan is developed by a resource teacher. This teacher needs to have a masters degree in this area to be able to do appropriate testing Roles of parents are outlined – Should encourage them to do homework – Have their child attend school – Ensure basic needs of the child are met. This is a big one, a lot of kids’ needs aren’t met – At a moment’s notice, we need to be able to update a parent for how a child is doing in the class (or be able to update a student)- this is super important Situation 1: Brandy, a Grade 9 student, is unhappy after not being picked for the school’s varsity cheerleading squad for the following year, but only for the junior varsity squad. On the weekend while off campus, she posts a profanity-laden rant about the decision on Snapchat. The post is eventually shared with the cheerleading team members and coaches. Team members are unhappy with her post. The coaches decide to cut her from the junior varsity squad for the following year. Brandy’s family claims a violation of her constitutional rights. Relevant charter rights being violated perhaps: fundamental freedom (freedom of thought and expression). No cruel and unusual treatment or punishment. But the school has a right to a safe environment Relevant Charter section: Section 2(b): “Everyone has the following fundamental freedoms … freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication” Supreme court sided with brandy -off school property -rant was shared minimally with the people of the team, It didn’t disrupt the school -school doesn’t police speech off school property -since they dismissed her only on her expression, then there was a violation of the charter. If they were to have cut her bc of her skill level, no violation Situation 2: A professional comedian’s routine and videos included mockery of various people, including a young singer Jeremy, who had a physical disability. At the time, Jeremy was also a high school student. When the videos became public, some students at his school made fun of him. His parents complained the provincial human rights commission, which ordered the comedian to pay $35,000 to Jeremy. The comedian appealed the decision, claiming a violation of his constitutional rights. -equality rights violated (disability) -but comedian has freedom of speech. The comedians routine was mostly outside of school so the court sided with the comedian. They couldn’t prove that the comedian was trying to encourage others to mistreat Jeremy -there is a line between off campus and on campus Situation 3: In an effort to improve Math achievement in schools, the Ontario government decided that new teacher education graduates would have to pass a Math Proficiency Test (MPT) prior to receiving their teaching certificates. The MPT was based on standardized Math tests from Grades 3, 6, and 9, along with some Math pedagogy questions. In field tests and at the first administration of the MPT, a higher proportion of Indigenous and racial minority applicants failed the MPT. A group of BEd students challenged the validity of the MPT in court, citing the violation of the equality rights in the Charter. Relevant Charter provision Section 15(1): Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. -Notes in red aren’t limitations but add more detail to this section Recent Supreme Court tests: Does the law or policy create a distinction based on an enumerated or analogous ground? Does this distinction impose burdens or benefits that reinforce, perpetuate, or exacerbate disadvantage? -adversity backed discrimination -differential pass rate. POC and Indigenous students had lower test scores -students won this -laws and policies can be discriminatory not on purpose but by their effect. Basically a bias test Week 2 notes: Sept 9: Guest speaker presentation: ASDW Legal Issues in Education Related to Human Resources NB Acts and Regulations: 1. Employment standards act 2. Education act 3. Human rights act 4. Occupational health and safety act 5. Right to information and protection of privacy act 1.Employment standards act: Sets minimum standards for employers in the Province. We are covered by unions which ensures this is followed The school district has 5 collective agreements. o New Brunswick Teachers Federation (NBTF) o Canadian Union of Public Employees (CUPE 2745) o Canadian Union of Public Employees (CUPE 1253) o New Brunswick Union of Public Employees (NBUPPE) – Professional Support Group o Public Service Alliance of Canada (PSAC) Certain acts are evidently broken down into many different bargaining units 2.Education Act & Regulations: The sections in the act Gives definitions (like school personnel), oversees closure of schools, talks about language and teaching, protection of pupils, administration, etc There are also regulations which gives a legal framework Policy 701: protection of pupils  o Department of Education and Early Childhood Development (EECD) Policy 701: Policy for the Protection of Pupils - under revision (category 1: abuse, and category 2: misconduct) o NB Education Act (Section 31) overrides sections of Policy 701 o Policy 701: the protection of pupils (this policy is currently under revision-Under section 31 of the education act, this section will override the policy) the former language in the policy talked about category 1:abuse and category 2:misconduct- this is now called serious professional misconduct (has the likelihood to have an injurious effect on students ▪ Under law, school personnel must report to the superintendent. No consequence if you were following your legislative responsibilities though ▪ Teachers don’t need to complete this every year Policy 701 - Inappropriate Behaviour Management o An approach to dealing with pupils that is counterproductive to learning and/or maintaining a positive learning environment in the school. o It reflects poor judgment or limited behaviour management skills. It is not abuse or misconduct as defined by this policy. o It must be treated by supervisors as any personnel issue which requires performance management. Serious Professional Misconduct o 31.1(1) - conduct engaged in by a member of the school personnel that has or is likely to have an injurious effect on the physical, mental, social or emotional well-being of a pupil or any other person under 19 years of age, including, but not limited to, physical, psychological or sexual abuse and sexual exploitation. School Personnel Responsibilities o 31.1(4) A member of the school personnel shall immediately report to the superintendent concerned the name of any member of the school personnel who the member has reasonable grounds to believe has engaged in serious professional misconduct. o 31.1(6) This section applies notwithstanding that the person has acquired the information through the discharge of the person’s duties or within a confidential relationship. o 31.1(8) No action lies for damages or otherwise against a person in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, in the execution or intended execution of the duty to report under this section. Employee’s Responsibility if Charged or Convicted under the Criminal Code o 31.1(2.1) If a member of the school personnel has been charged with or convicted of an offence under the Criminal Code (Canada), the member shall notify the superintendent concerned without delay. 3. Human Rights Act:  Has 16 protected grounds (like, race, colour, national origin, age, sexual orientation, physical disability, mental disability, marital status, sex-including pregnancy, etc)- someone may feel that they have been violated on one of these grounds Not giving someone a job because they are pregnant is a violation, not giving someone a place to pray when they need to do so for their religion, physical disability in terms of accessibility into school buildings 4. Occupational Health and Safety Act: Sets the health and safety requirements for provincially regulated businesses. Employers have a legal obligation under the OHSA to properly inform, instruct, and supervise their employees and to do everything they reasonably can to protect them. -In place for provincially regulated businesses, makes sure we keep people safe at work -They have a right to know, to receive training, right to participate (in resolving health and safety problems and reporting), right to refuse dangerous work the objects and purposes of this Act include: the promotion and maintenance of the highest degree of physical, mental and social well-being of workers; the prevention among workers of ill health caused by their working conditions; the protection of workers in their employment from factors promoting ill health; and the placing and maintenance of workers in an occupational environment adapted to their physiological and psychological condition the promotion of workers’ rights o to know about safety and health hazards in their workplaces, o to participate in safety and health activities at their workplaces, o to refuse dangerous work, and o to work without being subject to a reprisal. the employer has a general duty to “ensure, where it is reasonably practicable, the health, safety and welfare of his or her workers The worker also has a legal responsibility to “take reasonable care to protect his or her own health and safety and that of workers and other persons at or near the workplace” OHSA - Employee Rights 1. Right to know: All Employees have a right to receive the training needed to do the job safely 2. Right to participate: All employees have a right to participate in solving health and safety problems and in the identification and control of workplace hazards. 3. Right to refuse dangerous work: All employees have the right to refuse work they believe is dangerous to their health or safety, or to that of others. 5. Right to Information and Protection of Privacy Act: The purposes of the act are to: o Give you the right to access records held by public bodies, with some exceptions. o Protect your privacy rights by setting rules for how public bodies collect and handle your personal information. o Give you the right to ask for corrections to your personal information. o Allow for an independent review of decisions made by public bodies under the act. Makes public bodies open and accountable by legislating the right of access to public body records while protecting personal information held by public bodies. - Protects people’s information (personal, banking) we hold this and have the duty to protect it -The right to access your information to an extent Policies: 1.Respectful Workplace Policy o GNB Policy establishes the written code of practice for harassment in GNB workplaces in compliance with New Brunswick Regulation 91-191 under the Occupational Health and Safety Act, Part XXII.I Violence and Harassment Codes of Practice, Section 374.4(1). o GNB is committed to fostering and sustaining a workplace that respects and protects the human rights of all employees. Every employee has the right to work in a respectful workplace that is free from harassment. A respectful workplace values diversity and inclusion, courteous conduct, equality, positive communication and professional working relationships. o - Occupational health and safety act sets out laws and policies o -Respectful workplace policy includes all public servants (government workers, civil service, hospital workers). This guides how we interact with one another to ensure we are safe and have a good work environment. Free of harassment, values diversity and inclusion, professional working relationships Harassment o Harassment in the workplace includes personal and sexual harassment, poisoned work environment and abuse of authority. o “Harassment, in a place of employment, means any objectional or offensive behaviour that is known or ought reasonably to be known to be unwelcome,  including bullying or any other conduct, comment or display made on either a one-time or repeated basis that threatens the well-being, health or safety of an employee, but does not include reasonable conduct of an employer in respect of the management and direction of employees at the place of employment.” o - Harassment: offensive behaviour that is reasonable known to be unwelcome either one time or repeatedly. Poisoned work environment and abuse of authority 2.Prevention of Workplace Violence Policy: GNB will: o Assess the risks for workplace violence; o Implement measures to mitigate risks identified in the assessment; o Provide training to employees and managers’respond to incidents and complaints of workplace violence; and o Develop and implement codes of practice. Every employee has the right to work in, and a responsibility to contribute to, violence- free workplace. - Prevention of workplace violence policy: GNB needs to assess risks and mitigate risks Rights: Grievance and Adjudication 2022-2023 -If someone is unsatisfied with the collective agreement or feels that boss has taken action has gone against it, they can file a grievance and there can be a referral to adjudication Human Rights Complaints: Human rights complaints, there is a guide with steps and links to fill out the complaint to be assessed by the commission. If it is valid, they will notify who the complaint is against  and they can go into mediation to find a resolution, or you may end up in the investigative process. Very formal process -If not a formal complaint, people can go to a labour and employment board (like if they wanted to be unionized they would go to this board), or they can take civil action (there are processes and unions, but it doesn’t prevent people from filing complaints in court Labour and Employment Board Civil action Sept 9:Class notes: Follow up comments on the Brandi cheerleading situation: Schools can definitely create and set policies for students in general, and athletes in particular. More restrictions can apply to extracurricular activities, including sports. The Charter still applies to these policies, which means that the school must justify any restrictions on student expression. Fundamental justice (s. 7 of Charter) also applies. -schools can make restrictions but they still have to abide by the charter -the charter has priority -fighting words and promoting violence does not fall under free speech, we have something in the charter where the gov can bypass some charter rights, this would be one of those cases Due Process and Natural Justice:  Due process (US concept): Notice and hearing Natural justice (Common law concept): Hearing and unbiased decision-maker. Fundamental justice (s. 7 of Charter): Supreme Court decision in 1985 -due process: if someone wants to penalize you, you need notice of the violation (what did you do wrong) and hearing (give your side of the story) -common law: accumulation of laws of judges decisions that goes back centuries. This body of law is common law “the concept of due process is often used interchangeably with terms such as fair process, fairness, natural justice, and fundamental justice; in other words, the requirement of acting fairly in exercising any authority over other persons” There are two premises of natural justice: first, a decision-maker should not be biased; second, an opportunity to be heard should be given to those affected by a decision. it is important that students be treated with dignity and respect, which should result in a considerable degree of fairness. Students will generally accept discipline, albeit reluctantly, from teachers and school administrators as long as they perceive that they are being treated in a fair and reasonable manner. Parents, as the chief advocates for their sons and daughters, will do likewise. The cliché that it is not only good that justice be done but that it be perceived to be done is one that should be kept in mind at all times. Due process in teacher matters: the first step is for teachers to talk to each other and express their specific concerns. If this does not solve the problem, teachers may involve the school administration, and a process of mediation is followed, which hopefully results in a satisfactory solution for the parties involved. Should this not be the case, teachers may go the next step and involve their professional association, which will have procedures to deal with such situations. The emphasis in all these dealings is on giving both parties an opportunity to be heard. The goal is to find a resolution that is acceptable to both parties. If this doesn’t happen, the association will usually impose a solution that both parties are expected to live with. The preferred solution is one that can be negotiated in-house at the teacher-to-teacher level. Having to involve the school administration causes additional stress and anxiety for the teachers involved. Fundamental Justice: Common law principles Canada’s international obligations Charter principles Dignity and worth of human beings Rule of law -international obligations: rights of a child, Indigenous peoples, etc -dignity and worth of humans- did brandi treat people with dignity and respect and did the school treat her with this same dignity and respect? -rule of law: coaches can’t make up new rules as they go along, there needs to be some basis for rules that goes with the law Follow-Up on mike ward the comedian situation: Comments about “cruel and unusual treatment or punishment” (s. 12 of the Charter). Note that the Charter applies only to actions of government actors. What about if Ward had been invited to do his routine at a school? Or what if a student were to do a routine like that at a school assembly? -if invited at a school to present routine, it is important to know what the speaker will say (you are responsible for what they present). Presenter should give notes for what they will present beforehand and be watchful for what will slip out -if a student did a routine like that, the student will be disciplined, students are not upheld by the charter. School assemblies need to follow school rules Sept 11: Student discipline: Scenario: A young man (High School age) wears an excessive amount of scented body spray to school. He is sent to the office. o talk to him about scent free environments Same boy repeats the offence two days later. o can be asked to change, decrease the smell o Ask him why he is doing it? Is he covering BO, then can send to guidance, arrange shower at school o email, phone parents, detention (some educational component to detention, learn about scent allergies) On the third offence he encounters a student who has a strong reaction to the spray and is sent to the hospital. o Suspension for 1-3 days. Upon return, meet with guidance, principal, figure out what is going on with him The incident is repeated a week later. o suspension again, maybe require an office check in upon arrival to school to ensure he doesn’t smell strongly o What actually happened: suspended permanently, can only return if him and his mom met with the superintendent. He was out for 7 days, met with the superintendent, and never wore the spray again What are some of the possible steps that would be taken to mitigate this situation (see red) * This student is also a known drug dealer Education Act – Student Discipline.: Student (e) contribute to a safe and positive learning environment, (f) be responsible for their conduct at school and while on the way to and from school, (g) respect the rights of others, and (h) comply with all school policies. Parent (e) have due care for the conduct of their child at school and while on the way to and from school. o https://laws.gnb.ca/en/document/cs/E-1.12 o Order and discipline as defined by the education act. o Roles and responsibilities of teachers o Policy 703 o https://www2.gnb.ca/content/dam/gnb/Departments/ed/pdf/K12/policies- politiques/e/703A.pdf - Education act defines serious misconduct (bullying, dangerous substances, propaganda, etc) and inappropriate behaviours -section 21 is on order and discipline- teachers need to maintain order and discipline on school property, and during school activities off school property (like field trips) Policy 703: positive learning and working environment -school needs to submit plan which is to be reviewed by the superintendent -fosters inclusive, safe, respectful environment, human rights respected, etc Scenario: A small graphic is drawn on a bathroom stall in a male washroom depicting a stick man hanging with the caption “Die Faggot”. Another graphic is found in a second washroom this one is larger with a firing squad and several stick figures drawn – same hate message attached. A third graphic is found in a washroom that is similar in nature but more detailed – same hate message attached. Possible solutions? What are the consequences for this student? o Assembly (pressure on student doing it, students support LGBTQ community, increases student vigilance to figure out who it is), o Letter/email sent home to parents o Police can be involved o More frequent bathroom checks by janitors, shut down the stall until the graphics can be removed o If caught, suspension, mandatory guidance/training/therapy, maybe have police talk to them?  o Staff made aware of this- they could compare sketches with their student drawings, they can mention if a student has been off recently - Only information is that there is male, and it happened in the morning -there are cameras in the school, looked for a pattern on these days -no students brought this to attention, only janitor -there were bathroom sign outs at this time, and they looked at this -time consuming to find the student, it was escalating and concern was growing -not in a super public place (like cafeteria) in one stall - Violates 703: hate literature What actually happened: o The student was found, his dad was a politician. This is hate propaganda, a cry for help and a cry for his dad’s attention. He didn’t want a lot of people to see it but he didn’t want it to be too public. He thought that after 3 times people would figure it out, so the next time he made a mural on the stall, spent 25 mins and was caught. Student was deliberately keeping it low profile. o The dad wanted him suspended, he was suspended for 3 days and when he came back he saw the guidance counsellor and did some family counselling o School Based Policies/Guidelines: Student handbook Code of Conduct What a serious Misconduct is What inappropriate behavior is Progressive discipline steps – “The cookbook cure” What this looks like at a school ……. -each school has slightly different policies depending on the school, but mostly they are the same for a school district (ASDS schools would all look the same, but each school would be a tiny but different) -an out of school suspension over 5 days can be appealed-cant appeal if under 5 days. Appeals don’t happen often but if it does, it is super formal and complicated -parents are mostly concerned about the suspension being on their file and that future employers will see that they were suspended, they were concerned about this following their child. Behavior files get destroyed once the child graduates though -when kids are suspended, kids are still expected to do all of their work. teachers need to assign them work -anytime a major incident happens with a student (destroy a classroom or the scenarios above, should fill one of these out. This is great for tracking too to prove that this student needs a full time EA and stuff like that too. Appropriate way to record and keep data Search of Students: A junior high school vice-principal gets a tip that another student will be bringing drugs to a school dance. When the student arrives at the dance, the VP brings the student into his office and conducts a search and finds some drugs in his possession. Meanwhile, the VP has also invited an RCMP officer to be present during the search. o -student was charged with possession, went to court and the judges ruled it as an illegal search, student was let off. The crown appealed Relevant Charter provision: Section 8 o “Everyone has the right to be secure against unreasonable search or seizure.” Key factors: o Reasonable expectation of privacy. ▪ reasonable expectation of privacy: have to communicate that lockers are not personal private property, we can search any time. Need to communicate that this isn’t their property o Searches must be justified at inception. ▪ search has to be justified at inception- you have to justify the search before you do the search o Searches must be reasonable in scope.  ▪ reasonable in scope: how intrusive is the search? If you are searching for weapons or drugs, more intrusive. If searching for a missing library book, less intrusive Case law: R. v. M.(M.R.) (1998): Individual searches by school officials R. vs. M.(M.R.) 1998 decision: The school authority must have reasonable grounds to believe that there has been a breach of school regulations or discipline and that a search of a student would reveal evidence of that breach. The following may constitute reasonable grounds in this context: information received from one student considered to be credible, information received from more than one student, a teacher’s or principal’s own observations, or any combination of these pieces of information which the relevant authority considers to be credible. The compelling nature of the information and the credibility of these or other sources must be assessed by the school authority in the context of the circumstances existing at the particular school. -you need to have reasonable suspicion that the kid has done something -the tip needs to be credible -the decision by the court, second bullet point: there is a lot of latitude to school officials to figure out if justification of the search is reasonable -the school considered the tip to be credible. The kid hid the drugs in his socks so it wasn’t intrusive. The concern was the RCMP being there bc the police needs reasonable cause and a search warrant. Police enforces the criminal code, the school enforces school code Strip search in US: A US middle school was having problems with students sharing prescription medication with other students. One student Melissa was found with prescription strength ibuprofen and said that Savannah had given it to her. A middle school VP pulled Savannah out of class, and she consented in his office to a search of her backpack and outer clothes. When that turned up no pills, he had a school nurse take Savannah to her office, where she was told to remove her clothes, shake out her bra, and pull her underwear away from her body, exposing her breasts and pelvic area. Because of the humiliation, she never returned to that school. Her parents sued the school district. How would the Supreme Court of Canada’s principles apply here? -information for the search- the classmate (Melissa). This is middle school and the tip was not super credible. We have only 1 source and a question of credibility for this source -the search was too intrusive. The search has to be reasonable in scope. The backpack and outer clothes is not intrusive. The strip search goes beyond the scope, way too intrusive Other Considerations: NB Policy 712 (link posted on D2L) Search and seizure of student cell phones  Search and use of district-issued computers used by teachers NB Policy 311 (link posted on D2L) -policy 712- strip searches are not allowed in NB. You can remove outer clothes though. Police need to do this and have the proper cause -cell phones are super private, lots of info. There is way more info in a cell phone than in a backpack or locker. Seizing a phone is fine but searching the phone needs requires a higher level. Schools cant just look at anyone’s phone. Looking in the phone is not reasonable for minor issues. Only can get into the phone is there is reasonable violation of school rules. -if someone took a video on their phone, you can ask them to see it and they can show you. If they refuse, then can look at suspension or something. If you want to look through their backpack, you have to ask, usually they will show you but if not then you escalate -they are allowed to search district-issued computers used by teachers. There is no intrusion with regard to searching these types of things Use of Force & Corporal Punishment by Teachers: Criminal Code definition of assault Criminal Code s. 43 defence: “Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.” [Emphasis added] Assault: Intentional application of force without consent -exception for assault is section 43. -this exception was challenged bc it is based on age, so this went to court, see next slide Supreme Court of Canada decision (2004): “Contemporary social consensus is that, while teachers may sometimes use corrective force to remove children from classrooms or secure compliance with instructions, the use of corporal punishment by teachers is not acceptable.... Section 43 will protect a teacher who uses reasonable, corrective force to restrain or remove a child in appropriate circumstances. Substantial societal consensus... indicates that corporal punishment by teachers is unreasonable” (para. 38). Link to decision on D2L -teachers need to use REASONABLE corrective force -corporal punishment is not allowed for teachers to use Reasons Given by SCC: Many school boards forbid the use of corporal punishment  Some provinces and territories had legislatively prohibited its use by teachers Expert evidence (evidence that corporal punishment is harmful) Canada's international obligations Additional Considerations: Provincial law vs. federal law vs. employer policy Limits on teachers: correction, removal, secure compliance Limits on parents and others: age, location, method, purpose, harm to child Liability risks, policy considerations, training, circumstances Charter arguments -can separate kids who are fighting -parents are allowed to use corporal punishment but there are limits for age and places on the body- diff rules for parents -if a teacher uses force and it causes injury, this would be a liability -charter- are you violating rights, is this discrimination based on age? -some teachers get specific training for how to restrain someone, this could be a limit on teachers. Recommend to not engage physically until you have training Extra: -behaviour tracking forms: forms are recorded by the school when negative behaviours occur in the classroom (bringing in weapons, destroying a classroom, etc). Super important for documentation VITRO- violence threat risk assessment (parents and people at the school can participate). Takes 5-8 hours to complete, a comprehensive process of the child’s beh at school, what is going on at home, all factors that can affecr behaviour Inappropriate teacher behaviour: Scenario: A young teacher is working on an extracurricular activity (Sports) with a large group of students. The teacher is well liked by the students and the activity is popular within the school and the school community. The season ends and shortly after the principal receives an anonymous handwritten note about the teacher. The note is written as if it is a student who tells how he enjoyed the extracurricular activity and the teacher – however the teacher suggested on a few occasions that they should take their relationship to another level – specifically sexual. What can and should the principal’s actions look like? Immediate actions? -season has ended, anonymous note -the teacher is no longer in contact with the students in this way -contact the superintendent for steps to take immediately -superintendent wants to know if there is some way to determine who wrote the letter. The teacher is contacted and is removed from the school until the investigation is complete. An email gets discretely sent to staff that a serious note has come up, has anyone known anything. No one knows anything -teacher was removed from the school and never returned. The superintendent than involve the police. The police thinks that the teacher may have misspoken or something (in the interview there were a couple of inconsistencies in the story which made them to believe something was there, but did not think it was as serious as the note) but it is not believed that the teacher did anything illegal. In the end, the claim was unfounded. The teacher came back and kept doing his extracurricular sport activity coaching -even though this letter is anon, it is a very serious allegation, goes directly to the superintendent This scenario is guided by the education act: Duties of teachers: (c) maintaining a deportment consistent with their position of trust and influence over young people. (d) exemplifying and encouraging in each pupil the values of truth, justice, compassion and respect for all persons. (e) attending to the health and well-being of each pupil. (f) maintaining their professional competence. 27(2)A teacher employed in a school is accountable to the superintendent of the school district through the principal of the school for the performance of the teacher’s duties and the overall educational progress of the pupils under the teacher’s instruction. 2012, c.21, s.3; 2021, c.10, s.1 Upheld by policy 701 Duties of teachers – In a position of trust and influence – Maintaining the health and wellbeing of a pupil – Maintaining their professional competence Teacher is accountable to the superintendent of the school district (our employer is the superintendent not the principal. The principal acts as an agent of the superintendent (this is why the scenario above went to the superintendent) The top 3 duties highlighted above are the ones that will most often get teachers in trouble Duties of principals: 28(1)The principal of a school o A) is the educational leader and administrator of the school and has overall responsibility for the school and for the teachers and other school personnel employed at the school. o (c.2) to report any incident of serious misconduct to the superintendent of the school district. o (d) participating in the selection of school personnel for the school.  o (e) encouraging and facilitating the professional development of teachers and other school personnel employed at the school. o (f) evaluating the performance of teachers and other school personnel employed at the school. ▪ Ensure that if you are in a long term supply position that you are evaluated, this is how u get promoted o (g) being accountable and responsible for funds provided to and raised for the school. Mandatory reporting of non-professional conduct 2000, c.52, s.19 31.1(1)The following definitions apply in sections 31.1 to 31.6. “serious professional misconduct” means conduct engaged in by a member of the school personnel that has or is likely to have an injurious effect on the physical, mental, social or emotional well-being of a pupil or any other person under 19 years of age, including, but not limited to, physical, psychological or sexual abuse and sexual exploitation.(inconduite professionnelle grave) 31.1(2.1)If a member of the school personnel has been charged with or convicted of an offence under the Criminal Code (Canada), the member shall notify the superintendent concerned without delay. Serious professional misconduct from the teacher’s perspective If a teacher gets charged, you have to notified your employer immediately (inform the principal at some point, but tell the superintendent right away) – As a principle, if you hear of someone who was charged, you also need to tell the superintendent right away The superintendent must report this to minister. The minister will appoint someone as an investigator to investigate this. These investigators are typically retired school administrators or district people All of this ties into the code of professional conduct Scenario: Informing the Superintendent before the member of the school personnel does! YIKES! Superintendent must report this to the Minister. 31.3(1)The Minister shall appoint a person as an investigator to conduct investigations with respect to allegations of serious professional misconduct. Registry of professional personnel. https://www.nbta.ca/wp-content/uploads/2021/04/Code-of-Professional-Conduct- 2011.pdf Common sense things to avoid: Complaining about snow not being plowed Bringing in dog or kids to school  – Services dogs trumps allergies Asking students to do a tims run Taking kids outside for a smoke break Leaving school right when the bell rings – Need to stay at the school 20 mins after the last bus Try not to photocopy textbooks that you use at university Leaving school property unannounced during instructional time (for fire reasons) Do not take a pic of yourself at the airport on the Friday before any vacation Tutoring students at the end of the day on school property and charging a fee – It may be a different story if you waited 20-30 mins after the last bus leaves, the teacher in this case started right after the last bus. Need to be registered with the district as an appropriate tutor – If you are meeting a student after school to help them, make sure the parent knows, that you are very visible, and that you are not charging them Do not file a policy 701 complaint against a colleague – Stepping outside of the code of ethics and conduct to file this. In this scenario, they went along with the hearsay of students. – Need to resolve with an administrator present or with the teacher themselves. Usually the 2 parties can sit down an hash it out. The last step would be to go to the superintendent Etc Discussion Post Follow-Up: Cases described by Brad: body spray and graffiti. Illustration of s.7 of Charter: “the right to life, liberty, and security of the person and the right not be deprived thereof except in accordance with the principles of fundamental justice.” Illustration of s. 12: “Everyone has the right not to be subjected to cruel and unusual treatment or punishment.” Suspensions: Some discussion of pros and cons as a discipline measure. Duty of educators to protect the learning environment for everyone vs. addressing individual learning needs (Policy 703 and Policy 322) Effectiveness vs. necessary boundaries Reasonableness Standard for Searches: Courts trust educators to act reasonably in dealing with students and protecting the learning environment. Balance between individual rights and collective interests of school community Negligence & Liability: Negligence is an unintentional civil tort. Negligence law is based primarily on common law principles.  Negligence law is guided by the standard of reasonableness. -negligence is in civil law -in criminal law it is called an offence, in civil law it is called a tort -negligence arises when someone does something that a regal person would not do, it is unintentional but not good -common law is the body of law based on judges decided cases from way back when, negligence law comes from common law principles. Judges have rulings from the past, cases of history and what has been decided over time -reasonableness: the judges need to make a reasonable decision, this is why these cases are not black and white - teacher liability is a term denoting responsibility. -negligence: Negligence refers to “omitting to do something that a reasonable [person] would do or the doing of something that a reasonable [person] would not do” MacKay and Sutherland (1992) describe a four-step analysis that is useful in determining whether or not there has been negligence on the part of the teacher or administrator. These steps are as follows: o Was a duty of care owed to the injured person? ▪ refers to teachers having a responsibility to provide reasonable care and supervision to students placed in their charge. ▪ Educators act in loco parentis, meaning they have an obligation by law to care for students in a safe and prudent manner, comparable to the care that parents would be expected to provide. o What is the standard of care required by the situation? ▪ What is the actual standard or level of care expected of the teacher when supervising this particular student or group of students? ▪ The age of the student and the activity the student is engaged in are significant factors to be taken into consideration. ▪ the teacher is not expected to eliminate any or all possibility of harm or injury. However, there is an expectation that every reasonable precaution be taken to reduce any potential danger that is “reasonably foreseeable” o Was this standard of care breached? ▪ With respect to breaching the standard of care, did the teacher act appropriately and professionally in the execution of their supervisory responsibilities? o What damages, if any, were suffered by the injured person? (p. 1) ▪ This final step involves a determination of whether or not there have been any damages or injury to the person in question. There can be no negligence if there are no damages or injury. ▪ concept of “causal proximity” when discussing negligence. He explains that causal proximity requires that the damage suffered by the victim must be the result of negligent action or inaction.  ▪ Kitchen and Corbett (1995) discuss the “but-for test” (p. 22) commonly used by courts to determine the cause of an injury. This test is accomplished through answering the simple question of whether or not the injury would have happened if it were not for the actions of the defendant. In cases where this point cannot be proven, and the immediate cause of the injury is the result of some extenuating factor unrelated to the defendant’s behaviour or lack of behaviour, then the defendant cannot be at fault. Contributory negligence: Contributory negligence involves dividing the responsibilities of the negligent act between the accused and the victim. In certain cases, the teacher is not the sole individual responsible for injuries or damages incurred as a result of negligence. Depending on the age of the student and the circumstances surrounding the specific incident, the student can be found to have contributed directly to the injury or damage. Students do have a duty or obligation to act with reasonable care for their own safety -Ensure the classroom is safe from obvious dangers. -The physical education, science, technology education, and home economics areas require teachers to be particularly vigilant for situations that could present liability challenges. Periodic spot checks are recommended - The principal is ultimately responsible for everything that happens in the school building; consequently, the onus is on the principal to ensure that nothing is left to chance with respect to negligence and liability. - Specific areas administrators should pay close attention to include sidewalks and parking lots, especially in the winter months (i.e., ice and snow buildup), doors (especially the levers referred to as panic hardware), stairwells, and ceilings. Administrators are advised to do a complete walkabout of the school property, which would include outside and all rooms inside the building at least a couple of times per week. It is further recommended that a record be kept of such inspections and any requests for follow-up maintenance. - Although teachers usually refer to the process as teacher evaluation, it is often called professional development by district office personnel. Most school districts have a fairly detailed process for principals to follow to ensure that teachers are acting in accordance with their professional responsibilities. The clinical supervision model is widely used by districts and consists of a number of conferences with the principal, as well as in-class observations of teachers teaching their lessons. - it is expected that the principal take reasonable and common sense measures to prevent negative incidents, be they physical or pedagogical, from happening. Four Conditions for Negligence Claim: 1.Duty of care 2.Standard of care  3.Breach of the standard of care 4.Causal link between injuries or damages and breach of standard of care -if an injury has occurred, these are the 4 conditions that apply -duty of care: if you are negligence. You have to assume duty to look after a person. As a teacher, you have a duty to care for your students and every student in the building, that is pretty much automatic in a school setting -breach of student care: did something that they were supposed to do, or didn’t do something that they should’ve 1.Duty of Care: Duty of care for teachers: o Common law principles o Statutory principles Examples to consider: o Before school drop-off of students o Kids who miss the bus after school o Students on field trips o Students on the way to and from school -comes from old days that teacher was seen as another parent. This is a common law principle -this only applies when the teacher is on the job and a student is there for school related purposes -teachers can tell parents when to drop off their kids (like 7:30am). If parents drop their kids off before this time, teachers are no responsible for them, there is no duty of care in earlier hours -if a kid is outside anyways before 7:30 and it is freezing, you let them inside and now you have a duty of care -if a parent did drop them off at the right time and a teacher was late, then the liability goes back to the school -if a student misses the bus, you have to stay with them and still have a duty of care. In a daycare if a parent is late, they charge the parent overtime but teachers don’t get overtime. -school activities (field trip, sports team) then you have a duty of care. If it is not a school activity, no duty of care -if kids are walking home from school, not reasonable for teachers to have a duty of care for their walk home 2.Standard of Care: Standard of care for teachers: o Careful parent (traditional view) o Reasonably competent professional (emerging view) Sources of guidance: o Established policies and practices  o Teachers’specific expertise and experience o Student variables o Situational variables -what extent are you held responsible -in locus parentis (teachers need to have the same care for the student as parents would) that is an issue though since parents usually have 2-3 kids but teachers have 20-30 so this isn’t realistic and you also need to be professional Sources of guidance: -Established policies and practices -field trips: need to have appropriate student to chaperone ratios for example -teacher expertise, shop teacher needs to know what they are doing, science teachers need to know stuff about Bunsen burners. If you are a sub in a shop class and the teacher says that the kids are working on their projects and can use any machine but you don’t know how anything works, you cannot allow them to work bc you are responsible if anything happens -student variables: you need to know your students and what they can handle -situational variables; where are you. If there is a field trip and the plan is to go to the playhouse to see a show, some students may need extra chaperones (take people out of their normal settings and need to anticipate how they will handle out) 3.Breach of the Standard of Care: Factors to consider: Reasonableness standard Contributory negligence Voluntary assumption of risk Adequate supervision Foreseeable risks Negligence law vs. educational purposes: “broken neck vs. broken spirit” -if on a field trip, a grade 12 student was told when to be back at the hotel and they went off on their own, then the teacher will probably not be liable for this since they took the necessary steps -as a teacher in school, you need to plan activities that are safe. You could be liable if you planned something unsafe -if it is time for phys ed, everyone is in the gym and you are late and a kid gets hurt, you are liable. A little more danger in gym than in English class -foreseeable risks: think of the kid who keeps wearing a ton of body spray despite discipline, he is a foreseeable risk NB Phys Ed Guidelines: Elementary and middle school guidelines: https://www2.gnb.ca/content/dam/gnb/Departments/ed/pdf/K12/curric/Health- PhysicalEducation/SafetyGuidelinesElementaryMiddleCurricular.pdf Secondary school intramural guidelines: https://www2.gnb.ca/content/dam/gnb/Departments/ed/pdf/K12/curric/Health- PhysicalEducation/SafetyGuidelinesSecondaryIntramural.pdf Actual Damages and Vicarious Liability: Actual damages: o Causal link between breach and actual damage o Damages must be actual and measurable Vicarious liability o Employer is held liable for tort committed by employees o Practical reasons for this common law principle o Teachers acting “in scope of employment” Vicarious liability issues: o Transporting students in personal vehicles o Unapproved outings with students -just bc someone gets injured doesn’t mean that someone has been negligent, need to show breach of standard of care -the employer is liable for the actions of the employee. If a teacher does something wrong and is found guilty, the employer needs to pay- this is vicarious liability. The employer is responsible for the work of the employee on the job (proper training, supervision, etc). This only applies if you are doing something in scope of employment, at school, doing school activities. Say if you drive a kid home (which you shouldn’t do!!) then vicarious liability would not apply if you got into a car accident. If you did drive a student home anyways, you need to get documentation of parental consent. If it is a phone call, then document the phone call, and sign it. If you drive a kid home, the liability would lie between the teacher and the student. However, we have an obligation to get kids home safe and if there are no taxis and the parents cant come, then the union would probably back the teacher that drove the student home. -as long as it is clear that you are acting in the scope of employment, then there is vicarious liability Vicarious liability: vicarious liability refers to holding a school board responsible for the negligent acts of an employee committed during the course of that employee’s work on behalf of the school board. This form of liability was established in part to help teachers and administrators found guilty of negligence to avoid all or part of the monetary damages awarded to plaintiffs. Even when not blamed directly for the incident in question, the school board, in most cases, assumes liability for the incident and either pays the damages itself or has them covered by its insurance company. School boards carry liability coverage for such purposes. Floor Hockey Injury:  A Grade 11 student is injured while playing floor hockey during Phys. Ed. She claims that the teacher was negligent in this case. The student had previously played floor hockey in Grade 10 Phys. Ed. What factors would be relevant in a negligence claim? -there is a duty of care here -standard of care- what is expected. What would a careful parent expect of a teacher in a ball hockey class?: Provide safe equipment, proper footwear, explain the rules and enforce them, skill-based training. Warm up, people on the floor, amount of people playing, and you are supervising appropriately -breach of standard of care, you didn’t do the things outlined above -injury- if you do all of these things properly, you are not negligent -since this student had played before and the teacher was watching, the teacher was not found to be negligent Field Trip Injury: A 12-year-old boy sustained an injury during a school field trip. The child’s class visited a state park, where the students were allowed to ride bicycles on a wooded trail. Protective wear was offered to some of the students; however, many began riding down the trail without helmets. Less than a ½ mile into the trail, the boy lost control of his bicycle and crashed head first into a large tree. He sustained critical injuries, including a skull fracture and brain injury. Duty of care: it is a school field trip so this applies Standard of care: everyone must wear a helmet (if they say no, they cant go on the bike), ensure everyone knows how to ride and control a bike (need to know your students- student variables), make sure the bikes are in proper condition (but if you rented the bikes- it is the staff of the place that need to do this), have an instructor go ahead of you to monitor kids and make sure they aren’t going too fast on the this new and unknown trail. Good idea for teacher to pre- plan, go the day before and make sure the trail would be ok for everyone to go on. You must know your students, if people have small heads or huge heads, if they wear a turban or hijab, need to make sure they would have a helmet that will fit them ahead of time. -breach of the standard of care: you didn’t do these things