Legal Expense Insurance

"I have never been fond of distinguishing between leadership and management; they overlap and you need both qualities. But here is one difference that it makes sense to highlight: leadership is needed for problems that do not have easy answers," wrote Fullan in Leading in a Culture of Change. "The big problems of the day are complex, rife with paradoxes and dilemmas. For these problems there are no once-and-for-all answers."

Where to find any answers for these problems is increasingly challenging for principals. Education reforms are redefining the roles of principals and vice-principals while creating new relationships with their school boards and staff. Traditionally, school principals were protected and supported by their teachers union, but this too is changing. Several provinces, including Ontario and BC, have removed principals from this protective umbrella, and others are contemplating similar legislation. In addition, parents play an increasing role in school administration, thanks to advent of school councils and other parenting bodies.

If all this wasn't enough, in today's litigious society, navigating this turbulent sea of change can often lead to legal hot water. Human rights complaints, harassment, criminal or employment issues involving students or staff, and disputes with parents and students, can often leave principals and vice-principals in need of sound legal advice. While school boards extend some legal protection to their school administrators, full representation usually only happens when it is in the best interests of the school board. If principals find themselves at odds board policy or facing a disciplinary action or dismissal, they may also find themselves choosing between expensive legal bills and risking their careers.

Fortunately a relatively new form of insurance is now available to principals and vice-principals across Canada that enables them to protect their professional standing, while providing sound legal advice and representation when needed. Legal Expense Insurance (LEI) for Principals and Vice-Principals, available to administrators in Ontario since 1998, is now available across Canada.

For less than a dollar a day, this affordable coverage can protect an administrator’s employment and professional status. LEI provides payment for the legal fees incurred by lawyers specializing in the education field, for representation for human rights and college complaints, defense against criminal charges such as harassment or assault, fitness to practice or misconduct issues, disciplinary matters and disputes relating to contracts of employment.

Here are just a few examples of how Legal Expense Insurance can protect school administrators:

A teacher on his staff falsely accused a respected vice-principal of sexual harassment. The allegation led to criminal charges, a potential employment problem and a college complaint. Fortunately, this vice-principal had LEI, which enabled him to retain legal counsel. This coverage gave him the legal representation that he needed until he was cleared of all charges, and also provided him with valuable support during an extremely stressful period. Ultimately he was able to regain his previously untarnished reputation in the community.
A principal with more than fifteen years of excellent service received a poor evaluation after a new director was appointed at her board. With the benefit of Legal Expense Insurance, she received legal assistance in responding to the evaluation, which forced the board to substantiate its negative findings, which it could not. As a result, a premature transfer or termination of employment was prevented. This case provides an excellent example of how the mere knowledge that a lawyer is advocating on behalf of a principal can make school boards more accountable for their actions.

While these may appear to be extreme cases, school administrators face issues almost every day that could ultimately require some kind of legal intervention. Vindictive school council members, unfounded rumors, or using school email to send personal messages, can all lead to the need for legal advice.

This is why Legal Expense Insurance includes a confidential toll-free Telephone Legal Advisory (TLA) service that connects school administrators to a lawyer for immediate telephone assistance. These calls are unlimited in number or duration. In many cases, obtaining timely legal advice has been proven to defuse potentially difficult situations and can provide an early resolution to problems.

For those without Legal Expense Insurance and access to a Telephone Legal Advisory service, the following list of “Do’s and Don’ts” can assist principals and vice-principals to find the proper balance between their many roles as school administrators and their right to protect their professional standing. The bottom line for any principal is to seek qualified independent advice whenever necessary.

“School administrators should always remember that there are professionals out there to assist them,” advised a TLA lawyer, “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.

Dont's:

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.

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.

The Challenging and Changing Role of the Principal: