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DIRECT PERSONAL LIABILITY INSURANCE
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Teachers and Educators Need Protection

By Sandy Leibovitch

Today, more then ever, teachers and educators have to deal with broader aspects of their profession. Society realizes the essentiality of this profession and, as a result, has higher expectations and more stringent requirements for teachers and educators than ever before.
A variety of situations can potentially expose them to financial or legal liability, which may lead in some cases to lawsuits.

In addition to meeting their professional requirements, teachers and educators may need to protect themselves from allegations or accusations of misconduct, malpractice, error and omissions, and even discrimination.

Some teachers do not think that they will need this kind of protection ("what's the worst that could happen?" or "It won't happen to me"). However, teachers and educators should realize that many unfortunate situations may arise.

For example:

  • Students that are not satisfied with their grades may accuse the teacher of discrimination, racism and even sexual misconduct.
  • Statements that are misinterpreted by students may lead to a dispute.
  • Claims by students that they were prevented from obtaining medical attention when it was requested.
  • Students scuffling in the classroom, resulting in injuries to one of them.
  • Claims that a teacher/educator is harassing a particular student.
  • Claims that the teacher/educator was unable to teach the required amount of material.
  • Claims that the teacher/educator was unable to identify learning difficulties.

What can we do to be protected from problems arising from teaching?

  • Refer problematic students to the school principal or guidance counselor.
  • Try not to be alone with a student (especially of the opposite gender).
  • Nip rumors in the bud, get the truth out!
  • Document each and every incident, and give copies to the relevant authorities.
  • Try to stay aware of everything around you, especially if you are working with younger students.
  • Don't leave unsafe equipment unsupervised.
  • Try to give lessons about safety and caution.
  • Make your requirements and expectations clear to students and their parents, and ascertain their expectations from you.
  • Get a good insurance coverage that will protect you as much as possible.

In most cases, the claims against teachers/educators involve negligence, so teachers/educators need to be as careful and alert as possible.

Unfortunately, situations will always arise in which a teacher/educator needs Professional Liability Insurance. In many cases the allegations may be found to be groundless, but the legal costs may still be quite high.

Moreover, today, it seems that parents are more involved and even encourage their children to speak out regarding any situation in which they are involved. The parents – and students – are more aware of their rights and hold teachers/educators to high standards.
As a result, it is very important to get professional and public liability coverage, preferably a combined policy that will not leave the teacher/educator caught between two insurers who may refer the same event from one company to the other.
Don’t try to convince yourself that the expense of your professional and public liability protection is unnecessary or unjustified. Experience shows that the cost of such coverage is by far lower than the risk a teacher takes by not having such protection.

(Sandy Leibovich is Customer Service Officer at Sinclair Insurance Company)

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