Educators and the Law
David Young
B.A., M.A., B.Ed., M.Ed., Ph.D.
Outline
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Legal Status of Teachers
Specific Sources of School Law
Other Sources of School Law
Teacher Responsibilities
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Teaching
Order and Discipline (use of force and
corporal punishment)
Supervision
Outline (continued)
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Reporting of Child Abuse
Sexual Offences
Off-Duty Conduct
Final Thoughts
Legal Status of Teachers
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How is the legal status of a Nova Scotia
teacher defined?
Historically, a teacher’s legal status was
defined by the doctrine of in loco parentis
(in place of the parent).
However, over the past several decades
this doctrine has diminished in
importance.
Legal Status of Teachers
(continued)
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Today, the legal status of teachers is
defined to a large degree by the state
through statutes and regulations.
Specific Sources of School Law
The
Constitution
The Charter of
Rights and
Freedoms
School Policies
The Education
Act and
Regulations
School Board
Policies
The Common Law
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The major source of school law is the
common law.
The common law is composed of the
decisions rendered by courts of law across
the country, and is constantly changing.
Other Sources of School Law
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Criminal Code of Canada
Youth Criminal Justice Act
Copyright Act
Freedom of Information and Protection of
Privacy Act
Children and Family Services Act
NSTU Code of Ethics
Provincial and regional collective
agreements
Legal Status of Teachers
(continued)
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It is extremely important that as teachers
you follow the laws which govern the
teaching profession, since transgression of
these can have serious consequences.
Legal Status of Teachers
(continued)
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What consequences could a teacher face
for violating a law?
criminal liability;
civil liability; and/or
employer/professional discipline.
It is also important to note that even if
exonerated, the stigma associated with a
legal action brought against you does not
disappear!
Legal Status of Teachers
(continued)
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The best way to avoid such entanglements
is to understand your legal rights and
responsibilities. Remember that ignorance
of the law is not a legal defence!
And of course, always act professionally
and responsibly in the discharge of your
duties.
Questions
Teacher Responsibilities
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The primary responsibility of a teacher is
to teach.
As section 26(1)(b) of the Education Act
states:
“It is the duty of a teacher in a public
school to teach diligently the subjects and
courses of study prescribed by the
regulations that are assigned to the
teacher by the school board.”
Teacher Responsibilities
(continued)
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Essentially, this means that teachers must
follow the prescribed curriculum.
Teachers tend to run afoul of the law
when they engage in the following:
using unauthorized material;
using unauthorized teaching methods or
strategies;
Teacher Responsibilities
(continued)
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unauthorized teaching of controversial
subjects; and
engaging in ideological/religious teaching.
Teacher Responsibilities
(continued)
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In addition to teaching the prescribed
curriculum, teachers are also expected to
maintain proper order and discipline in
their classroom.
Teacher Responsibilities
(continued)
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As the Education Act states in sections
(26)(1)(k & l), it is the duty of a teacher
to:
“take all reasonable steps necessary to
create and maintain an orderly and safe
learning environment; and
maintain appropriate order and discipline
in the school or room in the teacher's
charge....”
Teacher Responsibilities
(continued)
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In maintaining proper order and discipline,
teachers are strongly advised to avoid
using any form of physical force, including
corporal punishment!
Teacher Responsibilities
(continued)
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Yet, section 43 of the Criminal Code of
Canada does permit the use of force by
teachers.
“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.”
Teacher Responsibilities
(continued)
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The use of force by teachers must fall
within the following framework:
intended to educate or correct the child;
used to restrain, control or express
disapproval of the actual behaviour;
Teacher Responsibilities
(continued)
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the child must be capable of benefiting
from the discipline;
the force used must be “reasonable under
the circumstances” and not offend
society’s view of decency.
Teacher Responsibilities
(continued)
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The following are seen as unreasonable:
hitting a child under two years of age;
corporal punishment of teenagers;
using objects to discipline a child;
slaps or blows to the head;
degrading or inhumane treatment; and
corporal punishment which causes injury.
Questions
Teacher Responsibilities
(continued)
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In carrying out your duties as a teacher,
what is the minimum legal standard of
care that you owe towards the students
under your charge?
The minimum standard of care is that of a
“careful parent.”
Teacher Responsibilities
(continued)
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It should be noted that courts have
modified this principle in regards to
physical education teachers, holding them
to the higher standard of a “skilled and
competent practitioner.”
Teacher Responsibilities
(continued)
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School related injuries often result from
teacher negligence (failure to do
something that a reasonable and prudent
person would do or the commission of an
act that such a person would not commit).
Teacher Responsibilities
(continued)
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Teachers must provide a level of
supervision that will prevent foreseeable
accidents from happening.
Teacher Responsibilities
(continued)
Risk Management
Teacher Responsibilities
(continued)
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Reporting of suspected cases of child
abuse is another legal responsibility that
teachers need to be aware of.
Section 24 of the Children and Family
Services Act places a responsibility on
teachers to report child abuse and neglect
forthwith to an agency.
Teacher Responsibilities
(continued)
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Unless this reporting is done falsely or
maliciously, no legal action will be taken
against a person who reports child abuse.
A teacher who fails to report suspected
abuse is guilty of an offence and upon
summary conviction is liable to a fine of
not more than $5000.00 or to
imprisonment for a period not exceeding
one year or to both.
Teacher Responsibilities
(continued)
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Teachers must also be aware of the
Criminal Code provisions dealing with
sexual offences.
For example, section 151 of the Code
makes it an offence to directly or indirectly
touch any part of the body of a young
person (under 16 years) for sexual
purposes.
Teacher Responsibilities
(continued)
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Teachers need to be mindful that
innocently touching a child can lead to
allegations of inappropriate behaviour.
Section 153 of the Criminal Code is also
noteworthy in that it makes it an offence
for any person who is in a position of trust
towards a young person (over 16 years of
age, but less than 18 years of age) to
sexually exploit that relationship.
Teacher Responsibilities
(continued)
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Section 153 also states that “consent” is
no defence to this offence.
Teacher Responsibilities
(continued)
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Consider the following female teacher’s
contract from 1915:
“...not to keep company with men; to be
home between the hours of 8:00 p.m. and
6:00 a.m. unless in attendance at a school
function; not to loiter downtown in ice
cream stores; not to leave town at any
time without the permission of the
chairman of the board, and not to get in a
carriage or automobile with any man
except her father or brother.”
Teacher Responsibilities
(continued)
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Another contract from 1920 is equally
telling:
“I promise to abstain from all dancing,
immodest dressing and any other conduct
unbecoming of a teacher and a lady.
I promise not to go out with any young
man except in so far as it may be
necessary to stimulate Sunday-school
work.
Teacher Responsibilities
(continued)
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I promise not to fall in love, to become
engaged or secretly married.
I promise to sleep at least eight hours a
night, eat carefully...
I promise to remember that I owe a duty
to the townspeople who pay my wages....”
Teacher Responsibilities
(continued)
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Teachers have limitations placed on their
freedom that others do not.
In fact, “teachers do not necessarily check
their teaching hats at the school yard gate
and may be perceived to be wearing their
teaching hats even off duty.”
Teacher Responsibilities
(continued)
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The Following from the NSTU Code of
Ethics is noteworthy:
“The teacher should not make
defamatory, disparaging, condescending,
embarassing, or offensive comments
concerning another teacher.
The teacher shall not make derogatory
remarks about the professional
competence of another teacher.”
Teacher Responsibilities
(continued)
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So, keep in mind that as a teacher you are
never off the clock!
As the NSTU Code of Ethics states:
“The teacher should so conduct
himself/herself in his/her private life that
no dishonour may befall him/her, his/her
profession.”
Teacher Responsibilities
(continued)
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And remember the story of the Pepsi
employee!
Questions
Final Thoughts
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Teachers need not be lawyers, but
teachers must possess an understanding
and appreciation of the law.
Always remember that the on-duty and
off-duty conduct of teachers is regulated
to a large degree.
Final Thoughts (continued)
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Although the importance of the doctrine of
in loco parentis has declined in recent
years, we as teachers still act in place of
the parents during the school day.
Thus, parents have entrusted teachers
with the care and safety of their son or
daughter.
This is a serious responsibility, and one we
can’t treat lightly.
Final Thoughts (continued)
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As a teacher, you are a professional, so
act accordingly.
Rely on your education and skills, and also
use good judgement!
Last, if you sense a legal problem, you
would be well-advised to consult a lawyer.
However, it is hoped that as teachers you
will never need to seek legal counsel.
Reminders
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Law and Order: The Final Verdict
(in regular classrooms Tuesday)
MSVU International Job Fair Saturday