A: As school administrators know, it is axiomatic that "anyone can sue the school at any time." The job of school leadership is to ensure that the school's practices are fair and compliant, so that:
- Employees or former employees feel that they are treated respectfully, thus decreasing the likelihood that they would sue the school
- If a suit is filed, the school is in the best position to defend itself effectively
- The school has adequate Director and Officer (D&O) / Employment Practices Liability (EPL) coverage, to help protect the school in the event of a suit
A recent review of D&O claims against private schools reveals that more than 60 percent are employment-related claims—primarily pertaining to discrimination, wrongful termination, harassment, and retaliation. ISM believes that the most effective risk reduction techniques for schools are:
- Thoughtful, consistent hiring practices (to help bring mission-appropriate faculty and staff into the school in the first place)
- Well-communicated performance feedback, corrective action, and termination procedures (published in the employee handbook)
- Administrators who are well-trained on the above practices (and who are clear on their roles and responsibilities in handling these processes)
- A close working relationship with a labor attorney qualified in your state.
Here are some examples of EPL lawsuits in the news. While the claims below concern public schools, the issues involved—racial and ethnic discrimination, retaliation, age discrimination, harassment, etc.—are directly pertinent to private-independent schools, as well.
ISM's Directors & Officers Liability Insurance With Employment Practices Liability is tailored specifically to the needs of private-independent schools. For more information click here or contact Andy Bobich in the D&O Department, at 302-656-4944. Corrective action, properly conducted, will improve performance and protect your school. We've got a Webinar to get you there!
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