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Board Procedure #NP138.0

Insurance: Personal Liability, Property Damage and Student/Visitor Injuries

 

1. Procedure Statement

This procedure outlines the Board’s process for handling and reporting student or visitor injuries, property loss or damage and other claims. It also outlines insurance considerations for personal liability and property.

 

2. Application

This procedure does not apply to staff accidents or student accident insurance.

 

 

3. Responsibilities

 

3.1 The Director of Education shall:

1. allocate staff and resources to support the Insurance: Personal Liability, Property Damage and Student/Visitor Injuries procedure.

 

3.2 Comptroller, Accounting and Finance Services shall:

1. where applicable, communicate with staff members, legal counsel, and insurance adjusters to investigate and facilitate resolution of insurance and liability claims; and

2. facilitate the transfer of funds to applicable parties to replace lost or damaged property.

 

3.3 Student/Visitor Injuries

 

3.3.1 Principals, Managers and Supervisors shall:

1. ensure staff members understand the procedure(s) to be followed in the event of an injury to a student or visitor, including provision for;

   • an immediate assessment by the principal of the type of medical treatment required;

   • an attempt to contact the parent(s)/guardian(s), where applicable, to arrange for the student to be picked up or to meet their child at the doctor's office or hospital, where applicable, and

   • arranging for and/or transporting the student or visitor to the doctor's office or hospital;

2. within 24 hours of any significant injury to a student or visitor, submit an incident report form to Ontario School Boards’ Insurance Exchange (OSBIE);

3. ensure that no copy of the incident report form is kept on site; immediately notify Insurance and Risk Management, Finance Services, and superintendent of schools of a serious injury or fatality that occurs on school property or during an off-site school activity, including the details of the incident and the actions taken; and

4. cooperate with Board personnel, insurance adjusters and legal counsel during any investigation.

 

3.4 Personal Liability

 

3.4.1  All staff members shall:

1. be covered under the school board’s comprehensive general liability policy for allegations of negligence while working within the scope of their duties for the school board;

2. comply with the law as well as with Board policies and procedures and standards of practice that are commonly used in their workplace;

3. if in a supervisory position, be aware of safety issues inherent in their workplace and exercise reasonable precautions to protect staff, students, contractors, and others who occupy the building for which they are responsible; and

4. cooperate with Board personnel, insurance adjusters and legal counsel during any investigation.

 

3.5 Personal Property

 

3.5.1 Principals, Managers and Supervisors shall:

1. approve, in advance, in writing the use of personal property to be brought to the school or work by staff members, students or parent(s)/guardian(s) for instructional or business-related purposes;

2. ensure individuals approved to bring personal property for instructional or business-related purposes;

   • are aware of the Board’s property insurance policy, and

   • understand that there is no protection for mysterious disappearance and/or damage to personal property; and

3. inform individuals who bring personal property to the school for non-instructional purposes, that the Board’s property insurance policy does not protect from mysterious disappearance and/or damage to an individuals’ personal property.

 

3.5.2 All staff members shall:

1. request approval from their principal, manager, or supervisor to bring personal property for instructional or business-related purposes;

2. understand that the Board’s property insurance policy does not protect against the mysterious disappearance of personal property; and

3. understand that approved personal property brought to the school or workplace for instructional or business-related purposes is covered under the owner's homeowner's insurance policy.

 

3.6 Personal Automobile Use

 

3.6.1  All staff members shall:

1. understand the Board does not provide insurance coverage for personal automobiles while parked at the place of employment, while parked on Board property, or while being used for Board authorized business

2. if a personal vehicle is used for Board business, the Board’s liability insurance is extended to provide an additional layer of coverage in excess to the insurance of the vehicle;

3. recognize that legislation in Ontario makes the insurance on the vehicle primary (pays first); and

4. in the event of an accident, the Board’s liability insurance may pay judgements that exceed the insurance on the vehicle in the event of a successful lawsuit against the owner. There is no coverage for damage to the vehicle itself.

 

3.7 Loss or Damage to Board Property

 

3.7.1 Finance Services shall:

1. administer all matters of loss and damage to Board property;

2. budget for losses or damage to Board property to repair or replace equipment and to repair damages to Board property caused through burglary, fire, vandalism, accidental damage or other sudden unexpected event that are less than $25,000;

3. engage the services of an insurance adjuster where loss or damage exceeds $25,000;

4. not provide for the loss of equipment through mysterious disappearance or inventory shortage; and

5. be responsible for arranging, with the principal and Plant Services, for repairs to building and/or equipment replacement.

 

3.7.2 Principals, Managers and Supervisors shall:

1. immediately report loss or damage to Board property to Finance Services;

2. in instances where  fraudulent activities  are suspected, investigate and/or collect any evidence such as visible signs of forced entry to the building or events captured on school surveillance cameras;

3. report the incident to the police, if it is determined that this the appropriate action to take;

4. establish a list of stolen/damaged equipment and complete the Loss or Damage Report form;

5. contact Finance Services to receive approval for a funds transfer for the replacement value of loss or damaged property;

6. following approval, purchase replacement items through established purchasing procedures;

7. understand that recovery or replacement of equipment lost through mysterious disappearance or inventory shortage is the responsibility of the school/department; and

8. immediately notify Finance Services if equipment previously reported missing or stolen is recovered or compensating restitution is made

 

 

4. Definitions

 

4.1 Good Faith

Good Faith is any normal performance of duties that does not involve an intention to violate the law or a reckless disregard for the lives or safety of other persons.

 

4.2 Mysterious Disappearance

Mysterious disappearance is when property vanishes in an unexplained manner.

 

4.3 Serious Injury

A serious injury is deemed to be one where the injured party requires hospital admission (excluding minor out-patient treatment).

 

5. Contact

Business Services

 

6. History

Replacing Procedure #NP450.0, Loss or Damage to Board Property

Approved: January 31, 1985

Working Document: June 2014

Revised: October 2008, March 2015, April 2024

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