1. Business Operations/Construction Office of the Chief Counsel Torts Are Not Just Desserts JulieAnn Rico Allison, Chief Counsel to The School Board

2. Business Operations/Construction Office of the Chief Counsel TORTS Are not just desserts

3. Business Operations/Construction Office of the Chief Counsel Types of Torts 1.Negligence 2.Malpractice 3.Libel 4.Slander 5.Defamation

4. Business Operations/Construction Office of the Chief Counsel Negligence at School Negligent Supervision of Students Negligent Hiring Negligent Supervision of Employees Negligence Per Se (Failure to follow Specific Rule/Policy/Law)

5. Business Operations/Construction Office of the Chief Counsel Negligent Supervision of Students Negligence: What are the Elements Duty Causation Breach Damages

6. Business Operations/Construction Office of the Chief Counsel NEGLIGENCE AT SCHOOL Negligent Supervision of Students ELEMENTS OF DUTY What is our Duty? What is the Standard of Care? Based in the Law Imposed by: Statute DOE Rules School Board Policy Case Law Past Practices/Course of Dealing IN LOCO PARENTIS

7. Business Operations/Construction Office of the Chief Counsel Negligence at School Negligent Supervision of Students Elements of Breach Did we breach our duty? Based in law as applied to facts Did we follow our policy/laws/rules? REASONABLE MAN TEST Did we fall below the standard of care?

8. Business Operations/Construction Office of the Chief Counsel Negligence at School Negligent Supervision of Students Elements of Damages Based on Facts: Expert Witnesses / Medical Documents / Dollar Value Physical Damages Element of Permanent Injury Emotional Distress Pain & Suffering Future Medical Costs Punitive Damages May Include:

9. Business Operations/Construction Office of the Chief Counsel Negligence at School Negligent Supervision of Students Who can sue? -Students -Parents -Groups of Students

10. Business Operations/Construction Office of the Chief Counsel Negligence at School Negligent Supervision of Students Who can sue? Students Parents Groups of Students

11. Business Operations/Construction Office of the Chief Counsel Who can be sued? -School Board -Superintendent -Principal -Teachers -Bus Drivers -School Police -Custodians -Chief Counsel

12. Business Operations/Construction Office of the Chief Counsel Who can be sued? School Board Superintendent Principal Teachers Bus Drivers School Police Custodians Chief Counsel

13. Business Operations/Construction Office of the Chief Counsel Who is LIABLE? Sovereign Immunity Protection Defense of Suits

14. Business Operations/Construction Office of the Chief Counsel Negligence at School Negligent Supervision of Students How to Avoid Liability -Be aware of & follow Statutes, DOE Rules, School Board Policies -Observe safe practices -Use reasonable – common sense

15. Business Operations/Construction Office of the Chief Counsel When Bad Things Happen To Good People Identifying incidents Notifying Risk Management – Preparation of Incident Report Identifying remedial efforts Maintaining documents/providing documents Producing Documents On Being a Witness WHAT TO DO IN CASE OF ACCIDENTS/INCIDENTS

16. Business Operations/Construction Office of the Chief Counsel WHAT ABOUT APOLOGIES? WHAT ABOUT REMEDIAL EFFORTS?

17. Business Operations/Construction Office of the Chief Counsel DISCUSSION OF CASE STUDIES