PROTECT YOURSELF

PROTECT YOURSELF

            We live in troubled times, and school employees need to behave in such a way (and avoid certain situations) to protect themselves physically, medically, legally and professionally.  Here are a few examples of situations if common sense isn’t used, career-threatening consequences could result.          

Touching Students: There was a time when schools and teachers acted in loco parentis (literally, in the place of a parent), and no one thought twice about teachers touching kids to praise them, to discipline them, to comfort them or to restrain them. Those days are long gone.  Now, a school employee who touches a student for perfectly innocent reasons may be accused of child abuse, sexual harassment or assault. Often, the charges are groundless, the case never goes to trial, or the employee is found not guilty.  It’s not fair, but the reality is the eventual disposition of the charges may have a far lesser impact than the original accusations. The reputation and career of a totally innocent employee may be irreparably damaged. 

Some students come to school with weapons. An employee trying to restrain or discipline such a student risks bodily harm. New York prohibits corporal punishment (any act of physical force used to discipline or punish a student) in public schools. It does permit a teacher to use physical force to protect a student or teacher from physical injury, to protect school property or to restrain or remove a disorderly student. If possible, secure assistance from school administrators before acting.

            Physical force should only be used as a last resort in a drastic situation.  If you must use physical force to protect or restrain, make sure there are witnesses to the sequence of events. Obtain names and written statements from student and adult witnesses immediately after the incident. Don’t use more force than is necessary and never use physical force to punish a student.

Alone with Students: Do not place yourself in situations outside the educational setting of your school where you could be alone with a student. This includes addressing the personal care needs of a student, giving a student a ride in your car, taking a student home with you, or taking a student to a movie or camping. Any time you are alone with a student, you are at a greater risk than when you are with a group of students and/or in the presence of adults. If there is an allegation of misconduct between you and the student, and there are only two witnesses — you and the student — what really happened no longer becomes the issue. The issue becomes credibility — whose version of the incident is more believable.

Tim Gavin

1^st VP of COPTA