Navigating Troubled Legal Waters:

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Principals and vice-principals increasingly find themselves in situations where legal representation could be required. Numerous problems facing principals today fall well outside school operating policies and board or ministry guidelines such as human rights issues and sexual harassment. While administrators can look to supervisory officers and board trustees for some guidance, in many cases the prTroubled Watersincipal is entering into uncharted territories, some of which can have significant legal ramifications.

Finding the proper balance between individual student rights and the safety of an entire school population provides a difficult challenge. The following list of dos and don't can assist principals in finding that balance. However, the bottom line for any principal or vice-principal is to seek professional independent advice whenever necessary.

"School administrators should always remember that there are professionals out there to assist them," advised a lawyer specializing in the education field. "When in doubt, they should always contact their supervisory officer, a lawyer, legal service or support staff."

Dos:

Do be proactive – Always ensure that your records are thorough and up to date.
Do know the limits of your authority. If you suspect a criminal activity has taken place, telephone the police.
Do become knowledgeable of board policies concerning harassment, warrantless searches and human rights.
Do uphold your responsibility to protect your students while in your care. If a child is in jeopardy, call the appropriate authorities, i.e. police or Children’s Aid.
Do know your rights and statutory responsibilities.
Do maintain your professional detachment, but retain your accessibility and compassion.
Do strive to maintain good labour/management relations in all of your dealings.
Do make detailed written notes while your memory is fresh for your use only.
Do store sensitive personal notes and records off school property where they are always accessible to you.

Don'ts:

Don’t over-react or act impulsively. Seek professional assistance (employee assistance plan or legal advice) instead.
Don’t respond verbally or in writing without first seeking advice.
Don’t consult a friend for advice.
Don’t attempt to handle a problem alone.
Don’t procrastinate or delay in taking action. Dealing with matters as soon as possible will help to avoid inflaming a situation.
Don’t allow yourself to be intimidated. If you feel physically threatened by a parent or student, call your community police officer.
Don’t elaborate if called to testify in criminal or administrative proceedings, unless specifically directed to do otherwise. Generally speaking, giving “yes” or “no” answers is always the best policy.

In response to growing concern about Human Rights issues, STERLON Underwriting Managers Ltd., has prepared an information booklet entitled “Human Rights in Ontario: What you need to know”. The booklet is available in PDF format on this website. (click here to download.)

For more information about Professional Legal Expense Insurance for Principals & Vice-Principals (PLEI) or to find a broker in your province, click here.

© Suzanne Elston, STERLON Underwriting Managers Ltd., 2005.