 |
Visitors since 10/2007:
|
|
Three-way Member Protection Program
1. A member is sued in the course of performing educational
duties or is charged with a criminal offense
TFA members are protected against lawsuits and criminal charges
arising from activities that occur in the scope of their employment
by our Educators Employment Liability (EEL) policy. Members receive
this policy free of charge by virtue of their membership in TFA. The
coverage includes:
- Up to $6,000,000 in damages if a member is sued for liability arising
from his or her educational employment activities, of which $250,000
may be used if a member is sued in an employment-related matter involving
civil rights liability;
- Up to $35,000 for attorney's fees if a member is charged in an employment-related
criminal proceeding and is exonerated or all charges are dropped;
- Up to $1,000 for bail bond premium if a member is arrested in an
employment related criminal matter;
- Up to $500 for personal property damage if a member is assaulted
on the job.
If a member believes a lawsuit may be filed or criminal
charges brought, he or she should call 800-324-5355 and ask to speak
with the Claims Administrator in the TSTA Legal Division. The following
incidents should be reported immediately:
- Any incident involving an injury requiring medical attention or
the death of a student arising out of an educational activity (for
example, there is an explosion in the chemistry lab);
- The receipt by the insured of a notice or claim, lien letter from
an attorney, or service of a lawsuit;
- Criminal charges have been filed or are being considered by law
enforcement officials or have been brought.
2. A member brings a complaint or grievance against
the employer
TFA receives over one hundred complaints annually from members who bring
a complaint or grievance against their employer. TFA's goal is always
to resolve a grievance at the campus level. A member who has an employment-related
problem should first contact a local chapter officer.
Most local chapters have trained grievance representatives who will
assist the member in resolving the problem. If one is not available,
members should contact the TFA state office.
Many inquiries about employment-related problems develop into formal
grievances. Of course, not all complaints have merit or are violations
of law, in which case TFA reserves the right to deny or discontinue
grievance representation.
When a grievance is not resolved and legal issues remain,
a member may apply for legal representation through the Unified Legal
Services Program (ULSP), which is available to TFA members pursuant
to our affiliation with the Texas State Teachers Association (TSTA)
and the National Education Association (NEA). Legal action is approved
or denied on the basis of a careful analysis of the facts and the legal
issues involved, the importance of the dispute for the individual, and
the importance of the dispute for the profession. When the General Counsel
approves legal action, an attorney is assigned at no cost to the member.
If a member obtains a monetary award or settlement as a result of the
legal action, TSTA may reserve the right to recover funds from the award
or settlement to help defray the costs of legal fees and expenses.
On average, TFA spends over $70,000 per year on fees and
expenses related to lawsuits. Some individual lawsuits have cost in
excess of $100,000 by the time they were completed. In the final analysis,
we do not relish filing lawsuits. They are expensive and emotionally
draining for everyone involved. However, sometimes the issues involved
in a case are so important to our members and to the profession that
legal action is mandated.
3. The employer brings charges against a TFA member
TFA handles charges brought against a member by an employer similar
to the manner in which we handle grievances. We will assist a member
in preparing his or her response to the charges. We will also typically
represent a member in any hearing pursuant to the charges. A member
who is wrongfully terminated may apply for legal representation under
the procedure described above in Part 2. In certain circumstances, a
member accused of wrongdoing in the performance of his or her professional
duties may also need to file for assistance pursuant to our Educators
Employment Liability policy. This would be true, for example, in a situation
where an employer brought termination charges against a member for fiscal
misconduct, where the local district attorney may be filing criminal
charges.
(For a complete brochure on our protection plan, contact
the state office.)
Back to Top
|
|
