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Risk Management: Creating a Safe Environment


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Title: Risk Management: Creating a Safe Environment

Risk ManagementCreating a Safe Environment
Learning Outcomes
  • Students are able to
  • Describe the concept of in loco parentis as
    relates to duty and standard of care
  • Identify the coverage areas for managing risk
  • Recognize the importance of due process in
    handling student discipline
  • Explain the criteria to be prudent, reasonable,
    and foreseeable in avoiding negligent tort
  • Analyze cases to determine liability of educators

What is Risk Management?
  • Risk management is a coordinated, effective,
    pre-response and post-response to a schools
    districts liability exposures developed through
    planning, organizing, directing, and monitoring a
    districts activities and assets
  • Risk management is the process of minimizing
    accidental loss by anticipating and preventing
    the occurrence of unplanned events
  • Ingredients for risk management Authority,
    Accountability, Responsibility, and Training

  • Principles of in loco parentis
  • Definite responsibility to the school for the
    welfare of each student it serves in the absence
    of the students parent or guardian
  • The students interests, welfare, and safety are
    directed by responsible adults trained as
    teachers and administrators
  • Duty and standard of care by educators
  • A hazard is anything that can cause harm
  • A risk is a combination of the likelihood of harm
    occuring and the severity or consequences should
    it occur

Components of Risk Management
  • Risk identification
  • Risk assessment
  • Risk Control

  • Risk identification
  • Implementation of safety campaigns, safety
    instruction, warning signs, and maintenance
    carried by schools and etc.
  • Risk assessment
  • Periodic check-ups on electrical wiring and
    appliances, plumbing and sewage systems, fire
    drills, conditions of physical structures
    staircases, grilled windows and laboratories

  • Risk control
  • Safety procedures such as the use of log books
    for recording past accidents, list of emergency
    telephone numbers, fire extinguishers and first
    aid boxes

Why do we need risk management in schools?
  • Accidents and ill health can ruin lives, damage
    reputations and cost money
  • It is not managerially possible for schools to
    completely eliminate risks nor fiscally prudent
    to insure potential risk
  • Schools cannot avoid accountability for its
    actions or inactions
  • A well-planned, active program of risk
    anticipation and prevention is more preferable (a
    pro-active approach)

What does it include?
  • Student and staff safety (bomb threat,
    death/suicide, gun/other weapons in school,
    hostage situation, kidapping/childnapping/missing
    student, medical emergency, sexual assault,
  • Health
  • Child abuse/abduction, drug testing, drug
    testing and student athletes, drug testing and
    employees, students/employees with Aids
  • Chemical safety/natural gas/other toxic odor
  • Environmental affairs
  • Property protection
  • Contingency planning
  • Security

  • Transportation
  • Third party liability
  • Contractual liability

Implications for Risk Management
  • Accidents, incidents, or transgressions are
    organizational managerial problems, not people
    problems. They are often dealt with ex post
    facto rather than through active program of risk
    anticipation and prevention
  • Insurance should be thought of only as financial
    protection for unexpected failure in risk
    management programs, not as the sole remedy for
    all accidental loss
  • Risk factors diminish with the expansion of the
    practice of prevention law

  • The lower the knowledge of legal procedures and
    the practice of judgment and foreseeability is,
    the higher the incidence of liability,
    environmental, and personnel loss
  • Effective risk management requires effective

Due Process
  • There are two kinds of due process
  • Procedural due process
  • Substantive due process
  • Procedural due process
  • It entails fair warning and fair hearing
  • Fair warning A person must be aware of the
    rules to follow, or behavior that must be
    exhibited, and the potential penalties for

  • Fair hearing
  • The individual must be given written statement
    of the charges and the nature of the evidence
  • The individual must be informed of certain
    procedural rights
  • Adequate time must be provided to prepare a
  • There must be an opportunity for a formal hearing

  • Substantive due process
  • It is concerned with the basic legality of a
    legislative enactment
  • Guideline to ensure substantive due process
  • Legality
  • Sufficient specificity
  • Reason and sensibleness
  • Adequate dissemination
  • Appropriate penalties

Landmark CasesGoss v. Lopez (1975)
  • Nine students at an Ohio public school received
    10-day suspensions for disruptive behavior
    without due process protections. The Supreme
    Court ruled for the students, saying that once
    the state provides an education for all of its
    citizens, it cannot deprive them of it without
    ensuring the process protections

Surat Pekeliling Ikhtisas
  • Bil. 6/68
  • Pembuangan murid-murid daripada sekolah rendah
    kerana kelakuan curang
  • Bil. 6A 1975
  • Disiplin murid-murid menghisap rokok
  • Bil. 2/1976
  • Potongan rambut murid-murid
  • Bil. 8/1983
  • Mengenakan hukuman biasa terhadap murid-murid
    yang melakukan perbuatan salah laku yang tidak
    dinyatakan dalam peraturan-peraturan pelajaran
  • Bil.3 1993
  • Lapor kepada polis salah laku yang berbentuk
  • Bil. 7/1995
  • Tatacara mengenakan tindakan dan hukuman terhadap
    pelajar-pelajar sekolah

Brown V. Board of Education (1954)
  • The court declared state laws establishing
    separate public schools for black and white
    students unconstitutional. The decision
    overturned the Plessy v. Ferguson decision of
    1896 which allowed state-sponsored segregation.
    This ruling paved the way for integration and was
    a major victory of the civil rights movement

Five-Step Approach to Risk Management(London
Borough of Bexley)
  • Step 1 Look for the hazard
  • Step 2 Decide who might be harm and how
  • Step 3 Evaluate the risk
  • Existing precautions are adequate/more
  • should be done?
  • Step 4 Record your findings
  • Step 5 Review your finding periodically and
  • if necessary

  • Rate severity or consequence
  • Extremely harmful Death, major injury, major
    damage or loss to property or equipment
  • Harmful Over three day injury, damage to
    property or equipment
  • Slightly harmful Minor injury or minor to
    property or equipment
  • Rate likelihood
  • Highly likely Extremely or highly likely to
  • Likely Frequent, often likely to occur
  • Unlikely Slight chance of occurring

Risk Rating Chart
Extremely Harmful (A) Harmful (B) Slightly Harmful (C)
Highly Likely (1) Unacceptable (U) High (H) Medium (M)
Likely (2) High (H) Medium (M) Low (L)
Unlikely (3) Medium (M) Low (L) Trivial (T)
Action Phrases
  • A1 Unacceptable (U)
  • Must receive immediately attention, activity
    should be halted, until adequate controls
  • A2 B1 High (H)
  • High priority, urgent attention to reduce
    severity and/or likelihood
  • A3 B2 C1 Medium (M)
  • Medium priority, must receive attention to
    reduce severity or likelihood
  • B3 C2 Low (L)
  • Lower priority but must receive attention to
    verify if risk can be reduced
  • C 3 Trivial (T)
  • Lowest priority

Tort (Tortus in Latin)
  • Tort is an actionable wrong, exclusive of a
    breach of contract, that the law will recognize
    and set right. A tort is a legal wrong against
    the person, property, or reputation of another
    (Tort ialah satu perbuatan salah di mana mangsa
    mengalami kecederaan fizikal, reputasi atau pada
  • Classification of tort
  • The direct invasion of some legal right of the
    individual (e.g. invasion of privacy)
  • The infraction of some public duty by which
    special damage accrues to the individual (e,g,
    denial of constitutional right)
  • The violation of some private obligation by
    which damage accrues to the individual (e.g.
  • Negligence is the primary basis of tort liability
    suits filed against school districts (Kecuaian
    merupakan asas kepada dakwaan liabiliti yang
    dikemukakan terhadap ke atas sekolah)

  • Kecuaian sebagai satu tort
  • Kecuaian bukan setakat tidak mengambil peduli
    atau perlakuan chuai tetapi menampilkan konsep
    yang kompleks mengenai kewajipan, kemungkinan dan
    kerugian yang dialami oleh seseorang (Hakim
    Lord Wright, 1934)

Two Major Categories of Torts
  • Intentional Tort
  • Refer to offenses committed by a person who
    attempts/intends to do harm
  • Intent refers to the awareness that injury will
    be the result of the act
  • A common type of intentional tort is assault or
  • Assault refers to an overt attempt to physically
    injure a person/create a feeling of fear and
    apprehension of injury
  • No actual physical need to take place for an
    assault to take place

  • Battery is an intentional tort that results from
    physical contact
  • A person threatens another causing apprehension
    and fear (assault) actually strikes another
    person and result in injury (battery)
    International tort

Contoh Kes
  • Seorang guru mendapati dua orang pelajar sedang
    bertumbuk dan bertindak untuk meleraikan mereka.
    Dalam proses berbuat demikian, salah orang
    pelajar berdegil dan mendakwa guru tersebut telah
    mencabar hak asasi beliau kerana memegang
    tangannya dan memekik Lepaskan tangan aku, saya
    berhak untuk berbuat demikian!
  • Bolehkah guru ini didakwa di bawah kesalahan

Compensatory damages vs. punitive damages
  • Compensatory damages Actual loses (medical
    bills, lost wages/income/court costs and the
  • Punitive damages Monetary awards to punish the
    defendants for wrongful actions and deter such
    actions in the future

Reasonable/Prudent Person (Orang yang
munasabah/biasa serta waras)
  • Negligence is doing something that a reasonably
    prudent person would not have done, or failing to
    do something that a reasonably prudent person
    would have done when confronted by like or
    similar circumstances
  • Reasonable/prudent person
  • The defendant is not identified with an ordinary
    individual who might occasionally do unreasonable
    things, instead, he/she is identified as a
    prudent and careful person who is always up to
    the standard
  • (Pengetua/guru tidak perlu wajib menjadi seorang
    yang dianggap sempurna tetapi memadai sekadar
    sebagai seorang yang munasabah)

  • The degree care exercised by a reasonable teacher
    is determined by
  • Training and experience of the teacher involved
  • Students age
  • The environment in which the injury occur
  • The type of instructional activity
  • The presence/absence of the supervising teacher
  • Students disability (if any)

Duty and Standard of Care (Kewajipan/Standard
  • The concept of in loco parentis is to be
  • Duty is an obligation that derives from the
    special relationship between parties such as that
    between an employee and a student, the
    district/government and an employee, or the
    district and a patron.
  • The duty to protect is part of teachers/administr
    ators responsibilities
  • Standard of care is relative to the need and the
    occasion, what is proper under one circumstance
    may be negligent under another.

  • The standard of care imposed upon school
    personnel in carrying out this duty to supervise
    is identical to that required in the performance
    of their other duties. This uniform standard to
    which they are held is the degree of care which a
    person of ordinary prudence, charged with
    comparable duties, would exercise under the same
    circumstances. (California Supreme Court)

  • Duties include, but not confine to the following
  • Adequate supervision
  • Maintenance of equipment and facilities
  • Heightened supervision of high-risk activities

  • (Pentadbir dan guru di sekolah berada di bawah
    satu kewajipan bertindak secara good faith
    terhadap majikan mereka)
  • Isu mengimbangi kewajipan berjaga-jaga dengan
    keperluan memberi peluang kepada pelajar untuk
    memajukan kebolehan bertanggungjawab terhadap
    keselamatan diri sendiri
  • Kewajipan berjaga-jaga kepada pelajar oleh pihak
    sekolah terdiri daripada dua aspek
  • Memberikan penyeliaan yang cukup
  • Menyediakan tempat dan kemudahan serta alat
    sekolah yang selamat

Duty and Standard of Care and Student Age
  • Two age levels are significant in terms of court
    decisions Ages 1 14 and Ages 15 18
  • Dunklee and Shoop (2006) believe that the
    required degree of duty and standard of care
    decreases during the elementary school years
  • The onset of puberty and adolescence may require
    a return to maximum levels of duty and standard
    of care during the middle school years, and that
    the required level decreases progressively for
    senior and high school students

  • Foreseeability is the degree to which the
    defendant could have or should have reasonably
    been able to anticipate the risk of injury /harm
    to the plaintiff that might result from the
    action/inaction (Alexander Alexander, 2002)
  • Foreseeability regarding the risks in an
    educational setting is greater due to educators
    superior knowledge, special skills, and
    professional experience
  • If a school administrator/teacher could have, or
    should have, foreseen or anticipated an accident,
    the failure to do so may be ruled negligent.
  • The concept of foreseeability expects school
    employee to perform as a reasonably prudent
    person of similar training and circumstances
    could perform.
  • If the ordinary exercise of prudence and
    foresight could have prevented an accident, the
    courts have ruled schools to be negligent when
    they have not avoided a foreseeable danger to
    students or adults.

Types of negligence
  • Nonfeasance Failing to act when there is a duty
    to act
  • Misfeasance Acting, but in an improper manner
  • Malfeasance Acting, but guided by a bad motive
  • Prerequisites for a negligence action
  • The defendant must have duty to plaintiff
  • The defendant must have failed to exercise a
    reasonable standard of care in his/her actions
  • The defendants actions must be the proximate
    cause of the injury to the plaintiff
  • The plaintiff must prove that he/she suffered an
    actual injury

  • Empat syarat untuk plantif menuntut ganti rugi
    terhadap defendan
  • Kewajipan berjaga-jaga yang sedia ada
  • Kewajipan dimungkari akibat defendan gagal
    mematuhi tahap berjaga-jaga yang diperlukan
    (berdasarkan ujian orang yang munasabah)
  • Kemungkiran kewajipan oleh defendan menyebabkan
    plantif mengalami kecederaan
  • Terdapat satu perhubungan yang rapat antara
    kemungkiran dengan kecederaan plantif

Contributory Negligence
  • The injury is caused by students own negligence
    (need to be proved) then it is considered that
    the student has contributed to his/her own injury
  • When a student disregards the instruction,
    warning,/advise of an educator, the student can
    be held liable for his/her own injury
  • The courts (to date) have held that children
    under the age of 7 may not be held responsible
    for their own negligence

Common conditions resultingin tort reliability
for negligence
  • Failure to provide adequate supervision
    (foreseeability proximate cause (refer to case
    1), general and specific supervision (refer to
    case 2)
  • Foreseeability If the school district could
    have, should have, foreseen or anticipated an
    accident, the failure to do so may be rule
  • Failure to aid the injured/sick
  • Creation of further damage through misguided
  • Permitting students to play unsafe games
  • Permitting use of defective equipment
  • Maintaining attractive nuisances (unprotected,
    unguarded, unsafe condition that attract a child
    to play refer to case 3)
  • Failure to provide adequate instruction
  • Failure to give adequate warning

  • Entrusting dangerous devices to students
    incompetent to use them
  • Taking unreasonable risks
  • Improper organized field trips

  • Case 1
  • A student was hit by a bat swung by another
    student. The teacher then was standing 30 feet
    away, passing milk, at the time of accident. Was
    the teacher liable?
  • Case 2
  • A six year old student was injured at a
    construction site next to an elementary school
    where remodeling was being done. School
    officials knew of the potential dangers at the
    site and reminded students daily to stay away
    from the area. No other precautions to protect
    students were taken. Was the school liable?

  • Case 3
  • A young girl, who sustained an injury while
    watching a baseball game. While playing around
    an abandoned long-jump pit, she was frightened by
    a dog. She fell backward and cut her hand on a
    piece of broken glass in the pit that had been
    covered by sand. The girl presented evidence
    that the school knew of the dangerous condition
    as the schools janitor and school authorities
    had received written notification of the
    condition of the pit. Was the school liable?

  • Case 5
  • Cliff Brown, a fifth-grade teacher, was standing
    at the front of his class when there was a knock
    at the door. He opened the door to find a person
    he vaguely recognized. She said her name was
    Mrs. Parson and she needed to take her son Brian
    to the dentist. Brian got his books, left, and
    was never seen again.

  • Safety issues
  • Releasing a child to an adult
  • School personnel should be very cautious about
    the physical custody of children
  • Who has the parental right?
  • The legal parent is that person whom the legal
    system recognizes as having the legal rights of
  • How about child born to biological parents who
    are not married?
  • In the case of divorce, it depends on whether the
    court grants sole/jount custody

  • Case 6
  • A high school band member, drowned in a hotel
    pool while on a trip with the band. The student
    dove in the pool and minutes later was found at
    the bottom of the pool. Two chaperons assigned
    to supervise the pool activity immediately
    provided mouth-to-mouth resuscitation and
    continued to do so until the ambulance arrived.
    The parents of the student claimed the school was
    negligent in failing to provide adequate
    supervision for their son, who did not know how
    to swim.

  • Case 4
  • A student fell into a ditch while attempting to
    catch a pass in a game of football played during
    the schools lunch period. The principal was
    aware of the ditch on the schools property but
    had made minimal attempts to warn students and no
    attempt was made to fill the pitch

Types of negligence
  • Omission
  • Harm occurs due to the lack of care the law
    expects of a reasonable individual (e.g.
  • Commission
  • Taking an improper action when there is a duty
    to acat
  • Misfeasance may be either an act of commission or
    an act of omission

Waiver of liability (permission slips)
  • Dont rely on waivers because parents cannot
    waive their children claims for damages
  • Waivers are useful for public relations purposes
  • It is not true under the law that a waiver of
    liability truly protects the school or the
    teacher from court action
  • Schools cannot be absolve of their obligation
    toward students by a parental waiver or release
  • Parental waivers/permission slips do not relieve
    teachers/schools of liability if they fail to
    discharge their duties in an appropriate manner

Safety Issues
  • Abuse of students
  • School Violence
  • Gang behaviors
  • Search and seizure

Abuse of Students
  • Teacher-to-student sexual abuse is a serious
  • It happens on a continuum of unwanted touching
    to sexual relationships and serial rape
  • Other adults involved include principals,
    janitors, bus drivers, and librarians
  • The abuse include overly affectionately
    behaviors, inappropriate, noneducation-related
    contact, and inappropriate nonprofessional

  • A teacher (male) had his arm around a girl
    student in a shopping mall
  • Teacher telling sexually explicit jokes in class
  • Personally taking young kids (first graders) to
    the restroom

School Violence
  • Gang behaviors
  • Policy regarding Gang Activity (Developed by the
    Midlothian, Illinois School Board)
  • No student on or about school property or at any
    school activity shall
  • Wear, possess, distribute, display or sell any
    clothing, jewelry, emblem, badge, symbol, sign,
    or other things that is evidence of membership or
    affiliation in a gang
  • Commit any act or omission or use any speech
    either verbal or nonverbal (gestures, handshakes,
    etc) showing membership or affiliation in a gang

Gang Bahaviors
  • Use any speech or commit any act or omission in
    furtherance of the interests of any gang/gang
    activity, including but not limited to
  • A. Soliciting others for membership in a gang
  • B. Requesting any person to pay protection or
    otherwise intimidating or threatening any person
  • C. Committing any other illegal act or other
    violation of school district policies
  • D. Inciting other students to act with physical
    violence upon any other person

Kategori Kesalahan Pelajar
  • Kategori
  • Kesalahan berat
  • Kesalahan sederhana
  • Kesalahan ringan
  • Kesalahan biasa
  • Dokumen rujukan untuk menangani disiplin pelajar
  • Ordinan Pelajaran 1957
  • Peraturan-peraturan Pelajaran (Disiplin
  • Akta Pelajaran 1961/1996
  • Pekeliling Ikhtisas KPM
  • Buku-buku peraturan yang berkaitan

Surat Pekeliling Berkaitan
  • Bil. 16/98
  • Menangani kegiatan genster di sekolah
  • Bil. 6/2000
  • Menangani masalah keselamatan, dadah dan genster
  • Bil. 11/2000
  • Membanteras jenayah di kalangan murid sekolah

Search Seizure(Fourth Amendment)
  • Protects rights of citizens to be secure in their
    persons, houses, papers and effects against
    unreasonable search or seizure
  • It is the basis for litigation concerning the
    search of students lockers and personal

Search Seizure
  • Search and seizure
  • Balancing the schools legitimate need to obtain
    information and the students right to privacy
  • A search shall be initiated by reasonable
    suspicion (less rigorous than probable cause
    required by a police officer)
  • Level of suspicion varies on the circumstances
    or the situation (in case emergency)
  • Source reliability
  • Scope of the search degree of intrusiveness
    from search of a locker to a strip search
  • Reasonable suspicion vs. common sense
  • Lockers remain the exclusive property of the
    school (fairly low degree of suspicion is needed)

  • Bookbags and purses
  • Requires a higher standard of protection for
    students, therefore school authority must
    exercise greater care
  • Strip searches
  • The most controversial search
  • The courts have generally condemned strip
    searches in public schools
  • A body cavity search is the most intrusive type
    of search and should not be conducted by school

Student Discipline Corporal Punishment
  • Corporal punishment and intentional torts
  • Due process Procedural and substantive due
  • Corporal punishment is physical punishment
    applied to modify behavior
  • The use of corporal punishment is based on the
    concept of in loco parentis
  • School officials have broad authority to control
    the conduct of students, to take responsibility
    for conduct, and to punish misconduct that has a
    negative impact on the school where
    school-related activities are concerned (Dunklee
    Shoop, 2006)
  • Corporal punishment must be differentiated from
    assault and battery

Assault v. Battery
  • Assault is the intentional thereat of harmful or
    offensive contact. The words must be accompanied
    by some overt act, no matter how slight, that
    adds to the threatening character of the words
  • Battery is the actual intentional infliction of
    harmful or offensive bodily contact. It is the
    intent to make contact and not intent to make
  • For example, a teacher has intended only to
    threaten a student by grabbing the students arm
    and accidentally injures the student

Corporal Punishment in Schools
  • The first country to prohibit corporal punishment
    was Poland in 1783
  • Corporal punishment in schools harms children and
    damages their education
  • Children who are physically punished at school
    may become less likely than other children to
    internalise moral values, and may become
    depressed or aggressive.
  • (The United Nations World Report on Violence
    Against Children)

Surat Pekeliling Ikhtisas Bil. 10/2001Semua Guru
adalah Guru Disiplin
  • 3. semua guru telah diperuntukkan dengan
    tanggungjawab untuk memastikan murid-murid
    mempamerkan tahap disiplin yang tinggi.
    Pendekatan-pendekatan berbentuk pencegahan
    (preventive), didikan (educative), pembetulan
    (corrective), dan bukan hukuman (punitive) serta
    langkah yang sewajarnya hendaklah dilaksanakan
    terhadap semua masalah disiplin. Guru-guru
    hendaklah sentiasa mengimbangi semua pendekatan
    tersebut dengan sifat-sifat prihatin, penyayang,
    simpati dan empati terhadap masalah yang dihadapi
    oleh murid. Sementara itu, kebenaran bagi
    guru-guru melaksanakan hukuman terhadap kesalahan
    disiplin murid hendaklah dibuat secara nyata dan
    bertulis, iaitu pengetua/guru besar perlu
    menyediakan surat penurunan kuasa kepada
    guru-guru untuk melaksanakan hukuman tersebut.

Corporal PunishmentHukuman Dera
  • Pengertian Hukuman Dera corporal punishment
  • Hukuman dera (rotan) boleh dikenakan (kecuali ke
    atas murid-murid perempuan) tertakluk kepada
    syarat-syarat yang dinyatakan dalam
    Peraturan-peraturan Pelajaran (Disiplin Sekolah)
  • Dijalankan sebaik-baik sahaja sesuatu salah laku
    itu dilakukan oleh murid. Hendaklah dibuat
    setelah sesuatu salah laku telah dapat disahkan.
  • Dijalankan oleh Pengetua / Guru Besar sendiri
    atau oleh seorang guru yang berdaftar yang telah
    diberikan kuasa secara nyata atau khas iaitu
    mengikut keadaan Perkara 6 Ordinan Pelajaran,
    1957, Peraturan-peraturan Pelajaran (Disiplin
    Sekolah) 1959.
  • Hukuman dera hendaklah dijalankan dengan
    menggunakan rotan ringan dan pukulan rotan hanya
    boleh dibuat pada tapak tangan atau di bahagian
    punggung yang berlapik. Hukuman dera ke atas
    pelajar perempuan dilarang secara nyata dalam
    Perkara 5 Ordinan Pelajaran, 1957,
    Peraturan-peraturan Pelajaran (Disiplin Sekolah)

Surat Pekeliling Ikhtisas Hukuman Dera
  • Surat Pekeliling Ikhtisas Bil. 1/1972
    Peraturan-peraturan (Tatatertib Sekolah)
    Pelajaran, 1959Guru Besar diberi kuasa
    mengenakan hukuman dera (Corporal Punishment)
    terhadap murid-murid lelaki dengan menggunakan
    rotan kecil atas tapak tangan atau punggung yang
    ada pakaian.
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