Lawyer the Fears of Litigation

¶ … Lawyer

The fears of litigation that have begun to permeate the educational system have had very real effects on teachers and administrators, as is clearly shown in this pilot study. The six primary observations that the researchers came to in the course of their research are all fairly self-evident when given even a modicum of analysis of the rising legal issues and rate of allegations made concerning educators and other adults, but the verification of such analyses through discussions with educators and administrators regarding their practical experiences in educational settings is invaluable in helping to frame the issue, and possibly in developing ways to protect educators from unwarranted litigation while at the same time protecting children from abusive or potentially abusive situations.

It is the dichotomy here that is the most interesting and most compelling part of the issue discussed in this study. Teachers and administrators readily agree that the protection of the minor students in their charge needs to be their number one priority, but at the same time the threat of legal action has had detrimental effects on the abilities of educators to effectively educate. The fact that teachers are scared to even touch students with a reassuring pat on the shoulder is evidence of the fear that permeates the education sector makes it clear that teachers cannot truly do their jobs effectively and efficiently in the manner best suited to them. The line between protecting students and insulating them to the degree that they no longer have any human connection with their instructors -- which must necessarily have a huge negative impact on the quality of the education -- is growing increasingly fine, and according to this study it might have been crossed in some instances.

Some of the ramifications of the increased atmosphere of legislation are more complex then simply reducing the level of trust and interpersonal relationships between students and educators. The amount of paperwork and the extra time and money involved in both developing and carrying out the policies that the new legal environment has created is also further detrimental to education, as it takes up a great deal of both the tangible and intangible resources that could otherwise go to students' educations. It also greatly complicates the task of dealing with fairly standard situations that arise during education; the very gray area of sexual harassment has many educators and institutions to feel on edge in situations that would previously have been considered simple and isolated disciplinary issues. The fact that dealings and interactions that take place strictly between students but on school property and/or during school hours could also lead to litigation issues for educators and institutions only adds to the atmosphere of fear and limited human interaction.

The zero tolerance policies that have often been put into place in order to safeguard against lawsuits from repeated transgressions are one of the clearest examples of the unfairness of things in the current climate. The story of the six-year-old suspended for brining her grandfather's pocket knife to show and tell is proof positive that the humanity has been litigated out of education. Again, safety is paramount, and it is more than understandable that a school would want to ban weapons from its grounds. At the same time, however, the teacher that suspended this student must certainly have felt a great deal of fear regarding her job and the possibility of other legal issues had she failed to strictly apply her school's standards.

Fear seems to be the dominant motivator for many actions in the climate of litigation that permeates the public education sector. More than anything else, this is what is behind both the policies of the school and the teachers who must attempt behaviors and reactions that are entirely uniform to every student and in every situation, which is antithetical to the real education process. There has to be a real human connection between educator and students, and between and amongst the students themselves, in order to foster an optimum learning environment. Instead, there is personal fear on the part of the teachers and a notable sense of resignation on the part of administrators when it comes to truly trying to weed out and address problems in a specific, case-by-case manner instead of bowing to pressures from parents who have become overly willing to resort to legal avenues when they aren't getting their way, or believe that they are acting in the best interests of their child even at the cost of other children's education.