EDUC 525 Quiz #3

why is shhewan significant

first post charter legal precedent where judges affirmed that individual teachers have a professional responsibility to maintain public trust and confidence in teaching and the education syystem, and that off duty teacher conduct sustantially undermines the trust that can be subject to professional sanction

what does canadian case law say about off duty teacher conduct

application of the nexus requirement ot determine misconduct- 2 parts:

1. rational connection between alleged misconduct and ability of individuals to complete professional tasks of the individual

2. off duty conduct interferes with the school admin or ability to develop a pos school envoinrment

to be misconduct, something must…

immpact one, if not both, of the nexus requirements

impacts of the shewan case decision

• teacher is an important community member who leads by example

• teaher owes duty of good behavior to school board as employer and the local community at large and to the profession

• appropriate standard of moral conflict of behavior must be mainted both inside and outside of the classroom

• nature of the standard will vary from case to case

• moral standards are those of the comunity where the teacher is employed

slipper slope fallacy in shewan case

slippery slope fallacy in shewan case- zeroed in on the questin of “is the behavior similar to what other teachers in abbortsford are doing?”- determined that it was not typical and therefore the case was legit

halo/devil effect in the shewan case

question of if the action neg impacted the judges view of the shewans (devil)- brought forward a lot of evidence that both were liked by students, but that after this kids stopped respecting the teachers

3 part test

tries to det if a restriction on freedom of expression is legit

1. provided for by law

2. prusuant of a legal aim

3. necessary for a legit aim

freedom of expression in human rights

freedom of expression is article 19 of universal dec of human rights

• not absolute and can be restircted

part 1 of three part test

provided for by law

• provided for by a prior existing law- adopted by authorities and is precise enough to allow people to regulate conduct accordingly

  • clear and easily understood by everyone- if its not easily understood, it could be used to limit peoples rights more than is appropriate

part 2 of 3 part test

pursuant of legal aim

• respects others rights and reputations

• protection of public health

• protection of national security

• protection of morals

• must be very narrow to ensure compliance

part 3 of 3 part test

be necessary for a legit aim

• ie. restriction for ntional security may be legit in times of war, but not in times of peace

2 “other considerations” for teachers in relation to students

• in relation to students, the teacher will not…

  • engage in illegal activity or other activities that might cause a student to be put at or remain at the risk of harm or abuse

  • knwoingly encourage or enable a student to engage in an illegal activity or other activities that may cause harm or cause a student to remain at risk of harm

grad activities and teachers

ie. parents are planning a safe grad which involves underage drinking- you should not attend the safe grad- there are district policies that restrict you from attending

when do we have to disclose info provided by a student

imminent harm to self or others

abuse or neglect

criminal, civil or insurance (ie. a kid tells you they were texting when they got into an accident- you have to disclose this)

scholarly research

100 years after collection or 20 years after death

when do we not disclose info provided by a student

• it is protected by AIA (Access to info) or PIPA (personal info protection act)

• you can remidn kids that anything they share with you, you may share with the principal or your colleuges

• important- we cant share student info at all, even anonymously

things considered taking advantage of kids

• tutoring- can tutor kids who dont take classes from you, but not your students

• never sell things to kids

• can delegate specific and limited aspects of activities to non-certified teachers, provided that the teacher/teacher leader supervises- ie. practicum student cant be substitute for an entire day

what are some ways we can keep teachers informed

• PT conferences

• phone calls/emails home (make sure phone calls arent only about bad things)

• newsletters of learning summaries

• parent councils

• wise feedback- I believe you child can do this with this additional support

professional conduct in terms of colleauges

• do not defame or spread rumors about colleauges

  • have a disc with a colleauge if you are having a hard time instead of going through the commission right away

professional conduct in relation to the profession

• maintain dignity and honor of the profession

• do not engage in activities that adversely affect the quality of the professional service

gamblers fallacy/monte carlos fallacy

past random events imapct the odds of future events occurring- ie. i spun red last time, so next time it must be black, ie. i successfully did this in the past, so i must be able to do it again in the future, ie. the answer must be a because ti hasnt been a yet

black/white fallacy/false dilemma/false dichotomy

• presents only 2 possible opotions when there are a range of solutions

  • can be used to make a false conflict between opinions, or can hide reasonable solutions to problems

other names for black and white fallacy

false dilemma/false dichotomy

begging the question

arguement assumes the thing si tis trying to prove- ie. i like this donut because i like it- think of a it is true because it is ture argument

appeal to authority

• insisiting claim is true becaue an authorty figure said so without any supportiing evidence

  • authority status is the maint thing we look at- if they have expertise in the field then it is not an appeal to authoirty

anecdotal fallacy

focusing only on own experince or anecdotal pieces of evidence, not full things of evidence- have ot look past our own experiences towards broader pieves of evidence- when a single story or a few insividual cases are used as sufficient evidence for a general claim, rather thn relying on syystemic evidence

another name for appeal to purity

no true scotsman

appeal to purity/no real scotsman

• someone protets their generalc claim by redefining and shifting the criteria to dismiss incovenient counterexamples

  • ie. no scotsman does x, then somebody else says my friend does x, and then original person says well no true scorsman does x

psych safety in education

• environment where learners feel supported to take risks, make mistakes, etc. without fear of judgement

• can do traffic light check- red is kids who leave the class, yellow is kids who will struggle but can grow, green is that kids are ok and ready to learn

• institutonns have a duty to accommodate kids, but pysych safety is not the same as removing any challanging experince

ata guest speaker and importance of communication

we focus on communicatino strategies in education as a proactive way to deal with a diversity of behaviors

ata- 2 types of teacher discipline and what should do we do about each

• these can each happen on their own , or there can be both types of complaints happpening for one issue

1. complaints of unprofessinal conduct- ATPC (alberta teaching profession commission)- this is a gov body

2. investiigation of complaints/concerns via the school division

• in both cases, teachers need to call the ata for assistance- this is true if they suspect, or they have received notce, that they are going to be investigated or have been named in an atpc complaint

• call ata —> talk to somebody trainned in labour relations disputes—> assigned a staff officer who advises you through the process (person assigned to you will be somebody who has expertise in the specific area you are reciving a complaint in)

complaints to the atpc- who can make them, what is the process, and give an example

• can be made by anybody: a parent, student, colleuage, school division, community member, etc.- teachers who have complaints filed against them via the atpc will receive ata support

• complaints take a very long time to process and will usually take a while to resolve in a number of different ways

• example of atpc complaint- ie. you terminate a contract with a school, but dont give sufficient notice, social media fau paux, issues with maintaining security of provincial exams, instances of harm to students, instances of criminal charges

investigations via school division- who makes them, what is the process, etc.

• can come from parents, stuents, colleuages, school admin, etc.- most often see things like harassment complaints, colleuage conflict (usually dont see harassment and collegial conflict via atpc)

• if participating in investigation conducted by school divsiion, you may be entitled to ata repreentation- ie. ata officer will work thorugh the process with you, come to meetings with you, provide you with guidance, ensure there are records of meetings and the process

• ata representation happens when a teacher is in a situation that could be potentially disciplinary, or will be disciplinary

can you be involved in an iinvestigationn for something somebody else did

• a teacher can be asked to provide evidence at an investigation where they are no trh invesitgated teacher

  • if this is the case, teacher are encouraged to call the ata for advice before participating- need to be fully informed and aware of your role and what you should/shouldnt say/do

  • if you are asked to provide evidence, but are not being investigated, they will not come represent you in the meetings because you are not in a disciplianruu situation yourself, but will provide guidance for you

how does the ata help 2 teachers in the same incident

ata staff will not provide advice for two teachers dealing with the same incident- will assign different staff officers so each idividual has their own staff officer to avoid any conflict and to ensure confidentiality

is the ata confidential

yes

possible outcomes of investigations

• you can be cleared with no record kept on yoour file

• can receive a letter

  • a letter of expectation

  • a letter of direction

  • a letter of warning

    • diff schools call these diff things, but they are pre-disciplinary measures that go on your personell file but are not themselves discipliary

  • receive a formal letter of reprimand- formal discipline

  • notice of termination of employment

who can you talk to about an investigation you are part of

investigations are confidential and divisions will direct people participating in investigations to not discuss the matter with anybody else, except their ata representation. this is a legal directive from the employer and must absolutely be followed

what are undercurrents and list 3 types

invisible and visible dynamic that shape interpersonal interactions

1. power

2. politics

3. emotions

all 3 impact our sense of safety

talk about perceptions of safety

when involved in interpersonal interactions,what we perceive about power,politics and emotions impactss our perceived sense of safety in that interaction- different people in the same convo can have diff perceptions of safety

voice calculus

• weighing the expected success and benefits of speaking against the risks

• voice calculus depends on fear-safety feeling and apathy-impact feeling

• low safety x low impact- its not worth it for me to speak, why should i

• high safety x low impact - ill speak, or i could speak, but it wont matter

• low safety x high impact - operating in envionrment of fear- im afriad ot speak, but the stakes are too high to stay silent

• high safety x high impact- ill speak up bcause its safe and its going to make a difference

power- what is it and the 4 types

• power- probability that one actor within a social relationship will be able to carry out their own willl despite resistance, transformative capacity

  • power over- contorl- ability to govern others

  • power with- collaboration- capacity to build collective actoin and collaboration

  • power to- implementation- capacity to accomplish actions and make a difference

  • power within- individual- ones sense of self worth, capacity, and respect for others

3 types of power dynamics

• poitional- forma authority, role or title (ie. having that reserved parking spot, sometimes called legitimate power)

• expertise- unique knwoeldge, skill or data

• relational- charisma, trust and respect

power vs politics

power vs politics- powr is an actors ability to influence change, politics is the process we use to make change

constructive/good politics

• completely acceptable and legit ways of

  • being recognized, influencing what happens, and guiding what decisions are made

  • perceived as savvy, well networked, and smart ways of socializing ideas and working with people

destructive/bad politics

• ways of advancing oneself, at the expense of other people or the organization, to

  • allow recognition

  • inluence what happens

  • influence what decisions are made

  • perceived as sneaky, machiavellian or immoral moves that may advance the invididual while unfdermining the aims of the school community

what is the aim of good and bad politics

the same- to get recongition, to influence decisions and actions, etc. but the means are different

types of political environments- list 4

• minimially politicized- very rare, no ingroup or outgroup, minimal conflict,

• moderately politicized- focused on goals, trust, teamwork in school, politics are mostly focused on achieving goals are not destructive, conflict happens but shared rules, processes and values help mitigate impact

• highly politcized- people are scared to communicate problems becauss risks are high, there are in and outgroups

• pathologically politicisized - on the verge of destruction, minimal trust, conflict lasts for a long time and there is a focus on power over type fo contorl, not collabroation trust, conflict predominantes and lasts a long time and thhere is a lack of trst

talk about psych safety and performance standards

• uses a quadrant for psychological safety x performance standards

• adapted from any edmonson

• low perf standard x low psych safety is appathy- hearts and minds are eslewhere and choose self protectio over progress

• high psych safety x low standards- comfort- peoople are open but not challanged, do not make strides

• low psych safety x high perf standards- anxiety- reluctant to offer ideas or try new things for fear of putting work at risk

• high psych safety x high standrds- learing- poeple collab and learn in service of high perf. they get complex and innovative work done - this is where we want to be as teachers and where we want to try and help our students get

did you go over the ata handout yet?

talk about the cycle of experiencing emotions- general

• experience emotion —> acknwledge emotion 0—> understand emotion —> express emotion

  • when there are unexpected behaviors it is because something in this cycle has derailed

talk about the nuanced cycle of experiencing emotions

experience emotion —> ackwoeldge emotion —> regulate emotion —> define emotion (see exactly what it is we are feeling) —> understand where the emotion is coming from (im feeling this because of this) —> revelation (reframe emotion in productive way- ie. this shows i reallt care about the child) —> figure out what to express —> express emotion effectively —> succeed

how should we try to approach emotional experinces

• we need to try to be curious about what emotions we are seeing and feeling and why they are emerging, not angry

  • curious not furious

talk about constructive convo strategies

• humility creates calm, be slow to respond and quick to think- ask if you have the info you need to make a decision or form a response

• 99% of things teachers deal with are not emergencies

• to deal with problems, we use constructive nevigation strategies- from constructive politics- accpeted ways of infouencing that keeps things productive and safe for all

what is operational language

use operational lnaguagr to talk about feelings- instead of saying you look mad, say it looks like theres from frustration about this quiz and i getting that right?- use depersonalized work related to terms to address the emotions

how should we try to recieve feedback

receiving feedback- she added this to constructive convo strategies section- think about how convo strategies can support us in receiving feedback

what is the fallacy fallacy

• fallacy-fallacy- belief that because an argument contains a fallacy, the entire argument must be wrong

talk about the curse of knwoledge

the curse of knowledge- cog bias where somebody who knows a lot about something has difficulty imagining what it is like ot not know- teachers can sometimes assume that studets understand things that are actually unfamiliar or confusing

appeal to emotion

appeal to emotion- leverage pos or neg feelings to get a respoinse from somebody else, not logic or facts

talk about self serving bias

self serving bias- cog tendency when idnividuals attach successful outcomes to internal factors like their own abilities, while attributing unsuccessful outcomes to external factors like the context, other people, etc.

talk about optomism bias

optomism bias- overest. odds of a good event occuring, and underest the odds of a neg event occuring

talk about pessimism bias

pessimism bias- making decisions based on possibility of neg outcomes, not pos ones

talk about cog forcing strat and metacognition

cog forcing strat. and metacognition- cog forcing stratgies are a process of metacognition that helps avoid pitfalls of heuristic thinking like the snowball effect and our automatic diagnosis of a situation

3 layers of cog forcing/metacognition

• universal- awareness is the start (ie. apathy or neg bias vs open-mindedness)

• generic- universal serves the generic

• specific the default does not have to be your default

is perfection possible in teaching

no

what is a mistake

mistakes are a wong action, judgement or statement that produces an unwanted to unintnetional result

what causes mistakes

mistakes happen due to inattention, making assumptions, overconsifence or neglect

talk about the 3 types of failure

• intelligent failure is a form od learning from mistakes and striving to do better

• basic and complex failure are the consequences of mistakes that go uunnoticed, unreported or unresolved

how do we tend to try to correct mistakes

• we tend ot lok for whats wrong to correct mistakes, instead of leanring from mistakes- we want intelligent failure, not basic or complex- basic and complex fialure suualyl result in court case or disicplianryy hearing

  • basic- forseeable, avoidable via safety checklists, protocols and standard procedures

  • complex- foreseeable compounded errors avoidable thorugh the use of standard checklists, common procedures and open communication

  • intelligent- careful pilot testing of a hypothesis in a controlled experient or environment where the outcome is unknown, nd negative consequences are minimized

known harms in education/foreseeable and unforeseeable mistakes

• when there are known harms to kids, teachers must prevent them- if a kid is unsupervised on a swing and fall off and break their arm, we are liable, if there are not enough thick gym mats and a kid gets hurt because of it, we are liable

  • know hrms are things like we know this kid is likely to elope, we know this piece of lab equipment is dangerous

• some mistakes are forseeable- such as harm to an unsupervised student on a playground

• some miistakes are new and unique- such as a supervised student using equipment in an unusual or unexpected way

talk abouut safe and caring schools in terms of teacher resp

• safe and caring environments- duty by all school communicty members ot create a sae and caring environment is emphasized in legislation, case law and district policies

  • applies to physically safe and psychologically caring

talk about safety in terms of the law

• safety- of all community members from psych. and physicl harm

  • in case law, safe is accouending to the usages, habits and ordinaty risks of the business- absolute safety is immpossible, and we are liable for the consequences, not of danger, but of negligence- we knwo that risks like kids getting into fights, getting hurt on equipment, kids having flight risks, etc. are usual risks and we have to do everythingt o mitigate these harms as much as possiible and if something happens, we have to be able to say that we had all of these mitigating things in place

  • teacjers follow the letter of the law/black letter law to avoid basic and complex failure

talk about duty of care in education- 2 components of it and where is the standard

• duty- ones specific resp. as outlined by law

• duty of care- legal obligation to act on foreseeable harms, risks, or future hurt in a resp. and reasoable manner when assuming contorl of children and youth

  • responsibole- showing that you have a duty fo care to the student and are contractually obliged to take care of them

  • reasonable- you can demo that any other teacher in the same situation would have likely done the sae thing

  • standard is reasonable, not absolute- we cant always get rid of every possible danger

3 types of duty of care

• duty of care includes duty to control, protect, and warn

• duty to contorl- the person in contorl/authority owes duty of care to potential victims of the peron under their authority fromm foreseeable harm (teacher over student)

  • ie. we walk our dogs on a leash so that they cant hurt anybody or any other dogs

• duty to protect- person in contorl owes a duty to shield the person under their authoirty from foreseeable harm (teacher to student)

  • we have to protect our dog from other dogs- ie. not taking our dog to an offleash park if we dont think it will be safe for our dog

• duty to warn- duty to protect one person from another if a potential risk exists. must have reasonable cause to issue warning (teacher to others)

  • we warn other dog owners that our dog may bite, keep them on a leash close to us, and try to keep them away from our dog, so that if our dog does bite an offleash dog who is out of contorl its not our failt

what is professional negligence

professional negligence- breach of legally imposed duty to take care, causing harm compensable in actino consisting of three elements; duty to the plaintiff, breach of duty, and harmm to the plaintiff

define care and care ethical frameworks

• care- what makes us human, is an action or practice and comes from our values related to living well

  • defined as an activity that incluudes everythig we do to maintain, contoain, and repair our world so we can live in it as well as possible- that world includes our bodies, selves and environment all of which we seek to interweave in a complex, life sustaining web

  • care ethical frameworks- have been developed over time by researchers like gilligan

how did policies and regulations for safe schools come to be

• something bad happened and made a once unforeseeable harm foreseeable

• ie. strathcona- avalanche disaster

• california coast drowning- both student and teacher drowned

• students lost on vancouver island during school trip

• drowning of students on field and swimming pool trips

• improper use of seclusion rooms or physical restraints

• autistic student elopement- wandering from classroom

  • have to consider the fcat that lots of schools autmaticlly lock the doors- if a kid gets out they may not be able to get back in

talk about landmark cases in terms of safe schools/duty of care

• williams vs eady- accepted definition of duty of care

• brost vs board of trustees- 1995- supervision equirements of school playgrounds

• myers vs peelk county- lays out supervisions requirements

• bain vs cbe- supervision of students on field trips

william vs eady- 1983

• ion loco parentis was used for the first time- have to treat kids the way a firmand loving father would (meant we could beat kids)

  • in loco parentis is what a reaosnable parent would do in the same circumstance

  • in the 1900s, it changed to what would a reasonable teacher do

  • very long legal traditino to regard teachers acting in loco parentis

myers vs peel school county

• both plaintiff and defendent were negligent leading to accident and injuries

  • the teacher said the kids should know they need thicker mats to do this dangerous gymnastics move, teacher told kids that if they did a more complex move they would get a higher grade, kid fell on their neck and broke it and were paralyzed, but were able to heal and live a relatively normal life- found that etacher was negligent by assuming kids would know how many mats the needed ot be safe, ut student was also negligent because they chose to do the activity unsupervised. other big thing was that assessment incentivized doing dangerous things via grades

bain vs cbe

big application for teacher supervision- took kids on a trip on a forest road, kids asked if they culd go somewhere after dark so the teacher drove them to the trailhead and let them go off on their own- found that this was an educational activity led by a negligent teacher and one of them fell off of the cliff. bain lost his job

r vs. m- 1988

r vs m- 1998- states that school officials can search lockers of students without warrant as lobg as they are thr principal- the principal told the police thhey could search the locker, an the judge found that this was an uunsafe search because it was done by the police, not the principal

duty of care for physical activities

• suitability- exerise must be suitable to the students age andd condition (mental and physical)

• progression- students must be progressively trained to do the exercise properly and avoid danger

• equipment and facilities- equipment and facilities must be adequate and suitably arranged

• supervision- performance of the exercise must be properly supervised. if a student is injured, first aid must be administered. risk management plans should be in place

define known hazard

known hazard are things like slips, trips, falls, air quality, chemicals, etc.- if bad things happen becuse of them you could be held liable if you didnt do enough to try to mitigate it since they are considered known