Sunday, October 4, 2009
Are Waivers Enough?
So I was just thinking about how we as new teachers are supposed to bring new, fun and inventive strategies and programs to the school but then start to wonder how big we can go. Unfortunately, I find that the events that students find the most fun often have a bigger risk factor than just sitting in class taking notes. For instance, the snowboarding/skiing trip was always the first to fill up on Winter Activity Day year after year at my school. But obviously there is a significant risk factor with this and even though waivers are signed and whatnot, is that enough? I'm no expert but it always seems that if someone gets signicficantly hurt (paralyzed, etc) someone's going to take the fall and it doesn't seem to matter how idiotic the victim was acting or even if it was a complete accident, the blame seems to be placed elsewhere. Just like that case study about the boy who went off a jump wrong while snowboarding and is now a paraplegic - and was awarded 3 million dollars. The teacher was dismissed from that incident and that doesn't seem right in my opinion. The kid should have known that he did not have the skill to go off of a jump and if you decide to try anyway to impress your friends, I don't mean to sound harsh, but you should take responsibility for your actions. And so I often wonder is it worth it? Is it worth putting yourself in the hot seat and taking a chance on the students or should one play it safe?
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very interesting situation, Izzy. I'd never thought of that before, probably because most band trips don't seem as dangerous as winter sports!
ReplyDeleteYou bring up a very good point about waivers; exactly what do they "waive" anyway? All liability? Some liability? All liability assuming the kid doesn't get hurt? This reminds me of a school not too far from mine, when I was in high school, and they went skiing or something (can't remember) and a bunch of kids got sick and one of them died from it. Even if the waiver says the school is not responsible, the teachers involved are still going to have their reputations tarnished, and may well have difficulty getting hired in the future.....
Good question and reflection. I'm equally uncertain how much waiving is in fact done by these waivers.
ReplyDeleteProbably because of the reasons you've bother pointed out, I'm not sure how much heft waivers actually have. I know in one class I was told that waivers, as legal documents, will only hold up in court if they are written immaculately. It was suggested that they be written by lawyers themselves because, in court, wording is so important.
I also get the impression that different schools will have different expectations in regards to this issue. When I've asked about waivers at three schools with which Ive been coaching, waivers have been treated as a bit of a joke. At these schools, students were driving each other to games, and teachers were driving the remaining students. I'm wondering whether this has been other people's experience too? Or have waivers been met with more respect and seriousness?
You have all posed some really good questions here. As an art teacher who may be taking students to galleries, I am also concerned about their safety, and my liability when it comes to waivers.
ReplyDeleteSince it seems like we are getting into some legal issues that are way above our heads (well at least mine), I thought I’d ask my dad what he knows about waivers since he recently retired from the practice of law after 31 years.
Here are a few points about waivers and some advice for us new teachers who want to continue going on field trips and band trips without having excess stress:
1. Waivers are never a bad idea, but you will not likely be able to rely on a waiver to protect you from liability in case a student gets injured due to your fault. Courts are very reluctant to find that a student has given up his or her rights by signing a waiver. If a student has been injured due to the negligence of the teacher or other school staff, the court will probably find that the waiver does not protect the teacher or the school.
2. On the other hand, school districts have good insurance policies in effect, to cover the situation where a teacher gets sued. The insurance company will almost always appoint a lawyer, pay for the defence, and pay any damages that are awarded by the court.
3. You should not try to draft a waiver yourself. A lawyer should be involved. The school or the school board should have a draft or blank waiver for use by any teachers involved in field trips or similar activities.
4. The best way to protect yourself from a lawsuit is to ensure that safe procedures are in effect, and that the students are well supervised.
If people have more detailed questions you could post them and I could reply with his response, or if needed, he’s willing to come in to the seminar on Thursday as he is in town until the end of the week. Let me know what you think!
ANOTHER GOOD TOPIC OF DISCUSSION FOR THURSDAY
ReplyDeleteTHANKS FOR BRINGING THIS UP AMY