TSD Conference 2015TSD Conference 2015

Top Ten Tips for Avoiding Liability

Presented by:Peggy Burns, Esq.

President, Education Compliance Group

Mark Hinson, SPHRChief Human Resource OfficerAdams 12 Five Star Schools

Consultant, Education Compliance Groupwww.educationcompliancegroup.com

Copyright 2015. Education Compliance Group. All rights reserved.

Enact and Communicate Enact and Communicate Sound PoliciesSound PoliciesThe value of anti-harassment policies

– clear and well-communicatedThe necessity for enacting policies

especially in areas where the law is unsettled (e.g., social media)

The use of policies as expression of expectations and priorities

The importance of revisiting and updating policies on an on-going basis

Self-Assess and MonitorSelf-Assess and MonitorActual compliance with IEP’sCommunication structures with

other departments within the organization

The company’s or district’s work environment and culture, including effectiveness and style of managers and supervisors

Document, document, Document, document, documentdocumentTo capture detailsTo show importance of an incident or

policyTo clarify expectationsTo resolve “he said, she said”To preserve information that may

have evidentiary valueTo minimize organizational exposure

to formal complaints filed with federal agencies (EEOC, OCR, etc.)

Initiate Inquiries and Initiate Inquiries and InvestigationsInvestigationsThe role of notice: Train staff to

report matters that you’re required to investigate

Include other departments such as: Legal, HR, Special Ed and/or law enforcement as may be necessary

Respond to events in a timely manner

Employ appropriate investigatory processes

Training MustsTraining MustsDrivers and attendants:

◦The importance of adhering to district and dept. policies that are non-discretionary

Dispatchers◦Answers for questions from drivers

and attendantsMiddle level managers

◦Federal employment laws (e.g., FLSA, ADA, Title VII)

Respect the First Respect the First AmendmentAmendmentIssues to watch:Time, place and mannerContext in which the dispute roseImpairment of discipline, or interference with harmonyDetrimental impact on necessary team workImpedes duties or interferes with operations

Understand and Confront Understand and Confront BullyingBullying

Workplace: Mistreatment severe enough to compromise a targeted worker’s health, jeopardize his job and career, and strain relationships with friends and family

Student-to-student: Persistent, unwanted, aggressive behavior involving a real or perceived power imbalance. When a member of a protected class is targeted, bullying may constitute harassment (unwelcome conduct based on a protected class that is severe, pervasive, or persistent and creates a hostile environment).

Use Hiring Practices that Use Hiring Practices that Support Your GoalSupport Your GoalBackground checksThe 3-legged stool:

◦ Job Descriptions• What are the essential functions?

◦Evaluations• What is their role and value for maintaining

employment?◦Compensation• Ability to attract and retain

What are the necessary “soft skills”?Hiring beyond a CDL

Foresee the ForeseeableForesee the ForeseeableForeseeability/ Reasonable Action

Equation: When you’re on notice of likely student or workplace issues, take reasonable steps

Provision of FAPE and overall safety of the student involves foreseeing and providing for emergency situations as well as day-to-day needs of the student

Discipline Fairly and with Discipline Fairly and with PurposePurposeWhen “process is due,” provide due processTreat similar situations in a similar mannerBe able to articulate the basis for the decisionHave documentation that supports the

decisionWhen a situation is likely to endanger students

– Ignoring, or failing to act appropriately to discipline, can leave you vulnerable to a claim of deliberate indifference

Take steps to avoid retaliation claimsAddress performance concerns in a timely

mannerConsult with HR as appropriate

3904 NW Platte Brooke DriveKansas City, MO 64151888.604.6141www.educationcompliancegroup.com

Contact Mark and/or Contact Mark and/or Peggy at:Peggy at:Education Compliance Education Compliance GroupGroup