In loco parentis: An investigation of the law, risk management and risk issues in the context of education from the perspective of educators
Creators: name: Tourangeau, Robert Edward
Publisher: name: Université d'Ottawa / University of Ottawa
Year: 2008
Subjects: subject: Education, Administration.

description: In today's world, managing risk has become a key imperative of social and organisational life. Society has become more litigious. Courts and juries no longer view educational institutions as having the special status of protected institutions in the community. Today, there is a move towards viewing them in the same way as corporate entities for liability purposes. For these reasons, today's educators must be aware that their decisions are subject to public and judicial scrutiny and be fully prepared to respond to questions concerning their policies, procedures and practices. The purpose of this study is to develop an in-depth understanding of how educators manage risk by investigating the law, risk management and risk issues in the context of education from the perspective of educators, especially administrators. This study is interested in examining two specific research questions: (1) What are the steps that educators take in making decisions about risk issues? (2) What factors do educators take into consideration in making decisions about risk issues? In this study, a sample of six principals and vice-principals were asked to tell their story about a risk issue that they encountered during the course of their experience in education. Risk management and case law were used to analyze the stories of principals and vice-principals on risk issues for the purpose of identifying the patterns contained in the stories. More specifically, the steps and factors relating to risk management and case law were used to analyze and compare the patterns contained in the stories with the patterns embedded within risk management and case law to gain insight into the decision-making of educators in relation to risk issues. Through such analysis, this study makes a significant contribution to education from both a scholarly and practical perspective. First, this study brings into sharp focus how risk management and case law can be used by educators to deal with risk issues. The study provides a cogent analysis of the three multidisciplinary components and demonstrates the similarity between constructs drawn from each of the three literatures and the considerations of educators when addressing risk issues. Second, this study, through the application of pattern matching to narrative inquiry, utilizes the stories of principals in combination with risk management and case law for the purpose of providing educators with a common, rigorous and consistent language and methodology for discussion and decision-making in dealing with risk issues. Third, the study's methodology has shown that it is capable of identifying gaps, similarities and dissimilarities in the steps and factors used by educators in dealing with risk issues. Fourth, the study can serve as a formal process for managing and resolving risk issues in the context of education, taking into consideration the two categories of cases derived from risk management and the case law in conjunction with the benefits of both processes of reasoning, analytical and intuitive. Fifth, the process and study's findings can be used by teachers, administrators and researchers to formulate recommendations for the development of policies, procedures and practices and to enhance the quality of the services that are provided. Sixth, the provision of data from the cases and their interpretation can be used for the training of educators (teachers and administrators). Seventh, the study has generated questions and areas for future research that may be used by other researchers. Finally, the study enables educators to become proactive, and not simply reactive, in dealing with risk issues in the school setting.