NATIONAL EDUCATION

ASSOCIATION

NEA's $1 million Educator Liability Insurance

Steve Pieroni, WEAC Attorney, August, 2011

1) The District's liability coverage Remember, under the district liability coverage, the district is the insured, not the employee. The District's legal counsel will represent the district and an employee if there is no conflict of interest between the legal representation of the district and the employee. But what happens if the district decides to settle a case and it is not in the best interest of the employee or if the district agrees that the employee acted contrary to the employer's direction?

2) State statute on liability of public employees The answer to the above question is found in state statute. The key phrase here is "acts committed while carrying out duties as an officer or employee and the jury or the court finds that the defendant was acting within the scope of employment" The term "within the scope of employment" may have different meaning to an employer and an employee. The employer may say that the employee was not acting within the scope of his or her employment but the employee believes he/she acted within the scope of his/her employment. Resolution of this difference of opinion will directly affect whether the member receives coverage and by whom the employee will be represented. In addition, the District may take disciplinary action against the employee/member for alleged conduct that is disputed by the employee. In these circumstances the employer may refuse to defend the employee's actions. If the district and its insurer assert that the employee's actions were outside the scope of his/her employment, the member may not be covered by the District's liability coverage or may be required to have different legal representation paid by the employer. Without a quality liability insurance program through Association membership, the employee could be left defending him/herself or have to accept legal representation provided by someone who has previously disavowed the employee's conduct.

3) Beyond the liability insurance policy It is valuable to have attorneys retained by the union to be your advocate. The District's attorneys represent the District's interests which at times may not coincide with yours. In addition to liability insurance WEAC offers significant support and protection when teachers are accused of wrongdoing in the workplace. The union has a proven track record of supporting our members when they are accused of conduct that may implicate financial liability.

4) Can you trust that state law remains the same? State law is changing very rapidly. Can we really count on the current statute to remain the same? Many other protections for public employees including teachers are under attack. WEAC is your voice in the legislature, looking out for your interests every day.

5) State statute and district insurance do not cover criminal charges. WEAC provides an insurance policy and separate funding for defense against alleged criminal conduct. Employees receive favorable coverage designed to protect their legitimate interests. The NEA insurance policy also provides money towards bail bonds, assault related property damage, and coverage for liability when an employee provide emergency first aid.

6) Union membership means far more protection than just the liability policy. Our union offers assistance and representation from experienced staff and attorneys in a variety of situations including: Discipline/termination Violations of Board policies Family and Medical Leave Act Unemployment Compensation Workers Compensation Age Discrimination Discrimination against union membership or activity Protection of vested rights like sick leave banks Protection of WRS retirement benefits License restoration and related issues with the DPI

7) Union membership provides free and discounted legal services in other areas. The NEA referral program includes two 30-minute free consultations during each year. Your spouse or dependant child are eligible to utilize the consultation. In addition, a 30% discount for legal expenses related to non-employment areas such as wills and estates, real estate, domestic relations, consumer protection, traffic violations is provided.

This NEA / WEAC Liability Insurance coverage seems to be the unions selling point on why you should consider remaining a member. The document works off a hypothetical insurance situation. There were not any statics on how often members seek or need such legal counsel. A few things to consider: - A lot has changed since this document was created in 2011. Ask what is still applicable. - Why was the state statue on liability of public employees not referenced by its statue number? You may want to read up on that. - Youll need to pay the attorney fees up-font, as this works on reimbursement. - Always ask questions ! Be informed and make your own decisions.