I’ve written a book about it. I’ve given presentations about it. I’ve made it a focus of my career to teach school transportation professionals how to make a legally defensible decision. With all of that, however, I’m not sure I’ve distilled anyplace just what a legally defensible decision is. Here’s what I don’t mean: some decisions are poor decisions, but because of legal technicalities, or state governmental immunity statutes, or even poor lawyering on the part of the parent’s counsel, the school district will win. In other words you have a legal defense, but not because you did something right.
Instead, I mean a decision you can defend with a straight face because it made sense given all of the information you had at your disposal, or would have had if you’d exercised due diligence. . . . even if it didn’t turn out well. You did the best you could under all the circumstances – because your best is still limited by the fact that you’re only human – but a student was hurt, or worse.
Here’s what a defensible decision looks like:
- You had and used a process for making the decision
- It’s the product of objective reasoning with a basis you can articulate
- You can point to behavior that reasonably demonstrates your concern for the student involved
- It complies with applicable law, regulation and your own policy
- When there isn’t a big fat elephant in the room that betrays the fact that your decision could never work, or is directly contrary to anyone’s common sense, or flies in the face of the law. Basically, it passes the “straight-faced” test: you can convey it with a straight face.
A parent approaches a school bus door as he is just finishing a conversation, which you overhear, about his recent trip to West Africa. It looks like he might have a fever as he is sweating profusely.
Pete: In modern America, with its 24 hour news cycle, most bus drivers not only became aware of Ebola but probably became sick of it (as opposed to sick from it.) Despite all of the publicity, they came to know that the chances of this deadly disease affecting them or anyone on their bus are beyond miniscule. There’s a comparable chance that their bus will be hit by a meteorite. Nevertheless, some drivers, swayed by the incessant media publicity, might overreact to the sweating parent at the school bus door. Worse yet, some supervisors and directors might do the same.
Peggy: As you know, Pete, with the holidays, the indecision and confusion of planning a kitchen remodel, and other professional and personal distractions, I’m just now reading your late November thoughts. Interestingly – and sadly – the first paragraph might now say: “A parent approaches a school bus door as he is just finishing a conversation, which you overhear, about his unwillingness to have his son vaccinated for measles.” Unlike Ebola, measles is a more real, “trending” threat. While a driver – and a supervisor – might have a far more legitimate fear about letting this student on the bus, how does planning for the possible impacts of unvaccinated students on the bus impact our actions? Read the rest of this entry
As I wrote for an article in the forthcoming November 2014 issue of Legal Routes, “When Sue Shutrump and Charley Kennington asked about including my 2003 Information Report for NASDPTS, “Sharing Student Health and Medical Information with School Transporters” in the Appendix of the NHTSA 8 hour course, I frankly balked at their publicizing this 10-year old document in light of subsequent changes in law, regulation and guidance. When Sue and Charley were kind enough to grant me extra time to update the Report if I wished to do so, I could hardly say no.” Read the rest of this entry
Recently I’ve been hearing phrases like “If they only knew how difficult” or “If they only knew how complicated”. Usually, the phrase is spoken in reference to some demand for service that someone is having trouble meeting and is used almost as an excuse for not being able to live up to expectations.
Typically, explaining how busy you are, how short staffed you are, or how complicated the task is, is perceived as an excuse. Modern customers don’t want to hear it. Barring some major “catastrophe” like a flu epidemic they don’t care that your organization didn’t hire enough people to get the job done. In their mind, that’s your problem and they’re not willing to make your problem their problem. There are almost always constraints or obstacles to performing any worthwhile task. Whether they are legal, political, procedural, fiscal, or even psychological, there are factors that make what would otherwise be a simple task, more difficult. Any dispatcher worth his or her salt can list at least 10 constraints off the top of their head. Read the rest of this entry
A few months ago I wrote about a very progressive staff “play day” I witnessed during a layover at LaGuardia airport. Soon after I had another layover at New York City’s oldest airport; the negative experience there has inspired this post.
On a hot and humid July afternoon, I had almost two hours to wait due to a flight delay. Unfortunately the air conditioning system was not working which made the wait especially painful. There were many angry and frustrated passengers, most of whom had no choice but to be resigned to sweating it out and hoping they could make their flight connections at the next airport. We all crowded into the waiting area of our assigned gate listening for updates on the status of our flight. There was a single fan aimed in our general direction which provided very limited relief from the New York summer heat. Then, to my surprise, one of the airline employees picked up that fan and repositioned it to aim at the two agents working at the service counter. I was amazed at the brazen disregard for us and I mentioned it, probably a bit too loudly, to the gentleman sitting next me. As it turned out, that comment started a chain of events which ultimately led to a small uprising, that fan being redirected back towards the customers, and another fan being brought in and aimed at us as well. Read the rest of this entry
I talk about compliance a lot, but don’t always think about what it means in a practical or personal sense. I actively seek to comply always with my value system. On the other hand, I know I don’t always comply with posted speed limits. I don’t know that I’ve ever thought about being a “victim” of someone else’s duty to comply – that is, until a Southwest flight I took from Kansas City to Chicago last week to work with a major school bus company.
Last Wednesday, President Obama was in my new home town to deliver an 11 am speech. I had a 12:40 flight out of KCI. The Southwest gate agent stressed that we’d be striving for an efficient boarding process; the incoming plane we’d be on was a few minutes late, and passengers would be de-planing and airline staff cleaning the plane as quickly as possible. The urgency was the need to take off before the “VIP traffic” at the airport – it didn’t take much to figure out what that was about – caused the airport to close down to incoming or outbound traffic. Such closure would be for an indeterminate length of time. So, Southwest’s usual standard of on-time departure meant even more than usual to the airline and to the passengers on my completely full flight, many of whom had connections to make at Chicago’s Midway Airport. Read the rest of this entry
When we were young and impressionable it used to be pretty easy to have heroes. Whether they were athletes, politicians, or even fictional “super-heroes” it was easy to focus on the great things they did. If they had flaws, they weren’t obvious. Members of the younger generations now have a much more difficult time finding heroes. These days it’s much harder to see people so positively because we know so much more – both good and bad – about them. Today, a president could not be confined to a wheelchair with more than 90% of the American public being unaware of it as was the case while FDR was president.
So it is with heartfelt sorrow that I reminisce about the great Tony Gwynn who had only one known vice – chewing tobacco (which ultimately led to his passing away from cancer). A few weeks ago, Mr. San Diego left us and we are all poorer for it. There are countless truly touching stories from a wide array of people whose lives were touched for the better by this baseball great. Bring a few tissues with you and browse the internet to see just how great he really was as a player, but more importantly, as a person.
I’ll just list a few of the traits that converted me to being a lifelong Tony Gwynn fan.
As a hitter there were none greater during his era. Even the best pitchers (Glavine, Maddox, Martinez) could not consistently get him out. He won 8 batting titles and batted above .300 for 19 years. As a fielder he also won 5 gold gloves. He even stole 56 bases one year. Despite all these accomplishments, nobody has ever heard about them from Tony. As I taught my children and the children I coached to be humble in success, there was no better role model than Tony, the greatest hitter of his era.
Due to his amazing success, Mr. Gwynn had numerous opportunities to move to other teams and make more money. Nevertheless, he turned down these offers and remained with the same team for 20 years. He also showed this same level of commitment in his charity work, family life, and preparation for baseball. Where a less committed person might ease off the hours and hours of studying to improve his performance, Tony kept up the hard work, recognizing that he might be the best in the game, but he could not be the best he could be if he eased off.
Tony had a frequent and contagious laugh which seemed a perfect match for his generous nature. If there is anyone about whom it can be said “he enjoyed the journey” it was Tony Gwynn. Despite the pressure of professional baseball or coaching a top division college team or raising a family in these difficult times, Tony never took himself or the vicissitudes of life too seriously. He would always take the time to laughingly share a story with old or new friends. Even at the end of a long day he’d make sure that no young child, awed just to be in his presence, was left with an empty autograph pad or a frown on his face.
The closest I ever came to meeting Tony were the few times I had good seats at a Padre game. However, he significantly impacted my life by allowing my children and the kids I coached in both baseball and softball to have an untainted hero. Everybody in San Diego, even non-baseball fans, knew what it meant to “do it like Tony would.” It meant to give it your all, but to do so humbly, and to have fun along the way. A perfect role model for both young and old has left us – felled by that one and only vice.
Three weeks ago, we were burglarized. My home is in a very safe area, in a very nice – but certainly not ritzy – neighborhood. We have an alarm system, but did not have it armed for the short time we were out to dinner. All that was taken was a 55 inch TV set, the 3 HDMI cables that “go” with it, and a wireless subwoofer. For some reason, they left the sound bar. The culprits smashed the glass in the French door of our walk-out basement, opened the luck, and gained access. One dirty footprint on the lowest stairs to our main level suggests to us that we may have interrupted them before they could get upstairs and continue their work. It’s quite a distance from our lower level door to the street, so the act seems especially brazen and reckless. Read the rest of this entry