School Council Insurance and Risk Management. Sandra Lloyd Bill Tyers

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1 School Council Insurance and Risk Management Sandra Lloyd Bill Tyers

2 Agenda Risk Management Insurance overview Fundraising activities School Councils: A guide for members Fundraising is Schools District Policy P.052.SCO Risk assessment Risk strategies

3 Risk Management We want all children to be safe, happy and successful Working together to make that happen - Schools, Communities and Central staff Support available from School Admin Team for Policies and Procedures, Guidelines and Ministry of Education information OCDSB website for references

4 Why do we need insurance? Not a substitute for doing the right thing Insurance does nothing to prevent losses from occurring Negligence defined Failure to take due care, as required by law, resulting in damage to property or injury to a person or persons Gage Canadian Dictionary The purpose of liability insurance To protect a person or entity against any legal responsibility arising out of a negligent act or a failure to act as a prudent person which causes bodily injury or property damage to another party

5 Legal Liability and Insurance Reference: SCHOOL COUNCILS: A GUIDE FOR MEMBERS Section: Staying Focused on the Mandate - Questions of Legal Liability and Insurance If a school council engages in activities beyond its assigned duties (e.g., by providing afterschool child care, running music programs, organizing a Christmas party or social activity), it could be held liable for any problems that occur. School councils wanting to go beyond their duties and responsibilities as set out by the ministry, the board, and the school may want to inquire about their liability

6 Fundraising Reference: SCHOOL COUNCILS: A GUIDE FOR MEMBERS Section: The Regulations Governing School Councils Fundraising activities may be conducted as long as they are in accordance with board policies and guidelines and the funds raised are to be used for a purpose approved by the board Fundraising 22. (1) Subject to subsection (2), a school council may engage in fundraising activities. (2) A school council shall not engage in fundraising activities unless, the activities are conducted in accordance with any applicable policies established by the board; and the activities are to raise funds for a purpose approved by the board or authorized by any applicable policies established by the board. (3) A school council shall ensure that the funds raised by it are used in accordance with any applicable policies established by the board.

7 OBJECTIVE Fundraising in Schools District Policy P.052.SCO To ensure that school fund-raising activities benefit the school, education and the community, and comply with Board policies and procedures. Activities include: a) projects that are directly associated with the schools and are in the interests of the students of the local school; and b) charitable organizations operating in the interests of children, education, and the community. This policy shall apply to all fund-raising directly associated with the school including fundraising by school councils, parent associations, parent/teacher groups, and student councils. The Board permits fund-raising which supports the school, education or the community through: a) supervised activities or projects by students; and b) limited supervised participation of students in activities for non-profit charitable organizations.

8 Expected activities Events should align with the school values and be engaging to the student population Movie night Book fairs Bake sales (cake walk) School council members need to ensure that District policies and procedures are followed by consulting with the principal

9 OSBIE School Council Program Jones Brown Canadian insurance brokerage Subject to the terms and conditions in the Policy When individual School Council members and volunteers are acting within the scope of their duties (*Guide for Members) Examples of what is not covered? The organization or management of school sports teams and all organized sport activities Ski trips the ski activity portion Medium-high risk activities unusual to school council operations Criminal Code convictions Penalties, fines WSIB coverages Punitive damages Intentional acts Abuse

10 Things to consider Student involvement the educational value the intended design of building/facilities consultation with the principal for approval skills of the participates - experience and knowledge the injury risk factors associated with the activity the resources available to manage these risks Questions to ask Is the activity required? Is it foreseeable that someone can be injured? What is the probability of injury? What can be done to prevent an injury? What is the probable severity of the most likely injury?

11 What could a Court expect? Exercise an appropriate Standard of Care Act as a careful and prudent parent Exercise Due Diligence - perfection is not expected A consistent, systematic approach to identify and manage foreseeable risks Activity was reasonable for age, ability experience, and number of participants Consider nature and condition of equipment being used

12 Sanctioned Activities Approved school sponsored (sanctioned) events or activities must be attended, for the duration of the event, by the principal or their designate The event is supervised by school staff with school council members and community serving as volunteers The event will be covered by the District liability insurance

13 Non-sanctioned Activities Non-sanctioned events that are not under the control of the school The event can not be covered by the District liability insurance The District has provided coverage for school councils when the events are in accordance with board policies and guidelines The school council policy is a liability policy; it is not an accident policy The event cannot use the school name and should be clearly stated, in any correspondence to parents, that it is not a District (OCDSB) sanctioned or supervised event Council must confirm that their school council insurance policy through OSBIE and Jones Brown Insurance covers the event If the school council or a group of parents want to organize and supervise an event on District property, they must contact Community Use of Schools (CUS) for booking

14 Community Use of Schools Events operating outside the care and control of the District are handled through Community Use of Schools May be required to purchase specific event insurance OCDSB website and select the Community tab

15 Risk strategies Avoidance Choose a different activity Accept the activity Control the risks you take Protective equipment Transfer the risk to another party student accident insurance sports specific policies Informed consent Third party contracts and indemnification

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