Pitfalls and Precautions is a series that aims to educate teachers on professional conduct issues by highlighting situations addressed by the ATA Professional Conduct Committee.
You are trying to show a student how to do a manoeuvre in physical education class and, in doing so, you use your hand to guide their back. You are trying to teach a student how to play a musical instrument and you place their fingers properly on the keyboard, stringed instrument or valve. You guide a student to the hall by placing your hand on their shoulder. You console a crying student by giving them a hug. All these seemingly well-intentioned acts of instruction, direction or compassion have unfortunately resulted in some teachers being called to account for their actions.
Teacher work is unique. Teachers and school leaders spend copious amounts of time building relationships with students, in some cases even more than the student’s own parents, as the teacher instructs, coaches, guides and mentors. Yet teachers must always be cognizant of the fact that they are, in fact, not the parent. In the age of #me too and #I believe you, teachers who find themselves on the receiving end of a student or parent complaint may find that an innocent expression of care or compassion or, as described above, an innocent guiding hand, results in allegations requiring investigation, where the teacher’s motives are unexpectedly brought into question.
These are difficult waters to navigate. After all, teachers often bring a wealth of experience working with young people; many are parents themselves and they understand the power of a gentle touch or guiding hand. Yet, who wants to experience the stress of an employer-instigated investigation, possibly being placed off work in the interim and isolated from students and colleagues? Unfortunately, this can be and has been the reality for some teachers who find themselves the subject of even spurious allegations.
Whereas employers have an obligation to properly vet complaints and to act with prudence and good judgment in deciding how to proceed in the face of a complaint, teachers can sometimes find themselves caught in limbo in the absence of the aforementioned.
How to stay safe? There is no fail-safe way to avoid allegations that are vexatious or unfounded. In a polite turn on the vernacular, complaints happen. Still, there are actions teachers can take to protect themselves. Avoiding any kind of physical contact with students is, of course, the safest approach. Those who scoff at the idea of a virtual hug will protest that human touch is part of building relationships with others. Others will ask what could possibly be wrong with an innocent redirection to a student or a properly placed hand to demonstrate proper execution of an important skill?
Asking for permission where contact seems necessary, avoiding being alone with a student, keeping doors and blinds open, demonstrating care and concern with a listening and sympathetic ear, and avoiding any physical contact when angry are all strategies that teachers can employ to try to stay safe.
Despite all your efforts, if you find yourself on the receiving end of a complaint, you should seek advice from a Teacher Employment Services staff officer as soon as possible. We can assist in making sure that you are treated fairly, that you have an opportunity to provide a complete response and that relevant contextual variables that you identify are considered.❚
