FSC 223. Legal Aspects of the Fire Service. Course Package

Transcription

1 FSC 223 Legal Aspects of the Fire Service Course Package Approved February 12, 2010

2 COURSE PACKAGE FORM Contact Person (s) Michael Messner Date of proposal to Curriculum Sub-committee: 02/12/10 Purpose: New _x_ Change Delete If this is a change, what is being changed? (Check ALL that apply) Update Prefix Title X Learning Units Competencies Format Change Course Description Course Number Textbook Credits Prerequisite Effective Semester/Year Fall 2010 Spring 20 Summer 20 COURSE INFORMATION Prefix & Number: FSC 223 Title: Legal Aspects of the Fire Service Catalog Course Description: This course introduces the Federal, State, and local laws that regulate emergency services, national standards influencing emergency services, standard of care, tort, liability, and a review of relevant court cases. Credit Hours: 3 Lecture Hours: 3 Lab Hours: 0 Prerequisite(s) NONE Co-requisite(s) NONE Does this course need a separately scheduled lab component? Yes Does this course require additional fees? If so, please explain. Yes X_ No X_ No Is there a similar course in the course bank? Yes (Please identify.) _X No Articulation: Is this course or an equivalent offered at other two and four-year universities in Arizona? No Yes (Identify the college, subject, prefix, number and title: NONE

3 Writing Across the Curriculum Rationale: Mohave Community College firmly supports the idea that writing can be used to improve education; students who write in their respective content areas will learn more and retain what they learn better than those who don t. Courses in the core curriculum have been identified as Writing Across the Curriculum courses. Minimum standards for the Writing Across the Curriculum component are: 1. The writing assignments should total words. For example, a single report which is 1500 words in length OR a series of essay questions and short papers (example: four 375-word assignments) which total 1500 words could meet the requirement. 2. The writing component will represent at least 10% of a student s final grade in the course. Is this course identified as a Writing Across the Curriculum course? X_ Yes No (See addendum for writing rubrics) Intended Course Outcomes/Goals 1. Define the different types of laws; explain their basic differences and how the law functions in society. 2. Become familiar with federal, state, and local laws, which regulate or influence emergency services. 3. Explain the role and purpose of national codes and standards concerning their legal influence. 4. Become familiar with legal decisions that have or will affect the fire service. 5. Discuss the organization and legal structure of the fire department. 6. Define the liabilities of firefighters. 7. Recognize legal duties of emergency service members. 8. Discuss negligence in an emergency setting. 9. Define discrimination and identify areas of potential discrimination in the emergency service. 10. Identify, explain and discuss the legalities of entrance requirements, residency, grooming, and drug testing. 11. Discuss the scope of the civil rights act.

4 12. Discuss the parameters and explain the basic intent of the American Disabilities Act, Fair Labor Standards Act, and Family Medical Leave Act. 13. Explain the at-will doctrine. 14. Explain the purpose of labor and employment laws. 15. Identify and analyze the major causes involved in the line of duty firefighter deaths related to health, wellness, fitness and vehicle operations. By the end of the semester, students will be able to: Course Competencies and Objectives By the end of the semester, students will be able to: Competency 1: Identify the primary sources of law and explain the three sources of government in the United States. Objective 1.1: Compare the three branches of government and their roles. Objective 1.2: Distinguish the difference between civil and criminal laws. Objective 1.3: Discuss the difference between standards and codes. Competency 2: Summarize the court systems and functions in the United States. Objective 2.1: Discuss the difference between the federal and state court systems. Objective 2.2: Express the difference between trial courts and appellate courts. Objective 2.3: Identify the four phases of a civil lawsuit. Objective 2.4: Explain the difference between questions of law and questions of fact. Competency 3: Distinguish between fire departments based upon the type of entity, type of fire organization, the funding source, and the employment status of firefighters. Objective 3.1: Characterize the difference between public sector and private sector entities. Objective 3.2: Define the four types of corporations and how each is created. Competency 4: Associate administrative agencies as part of the executive branch. Objective 4.1: Determine that administrative agencies exist at the federal, state, and local levels. Objective 4.2: Describe the separation of powers created by administrative agencies and the methods used to address these concerns. Objective 4.3: Recite the jurisdiction of OSHA and OSHA s three primary activities. Competency 5: Articulate the differences between violations of civil and criminal law. Objective 5.1: List the distinctions between felonies and misdemeanors. Objective 5.2: Identify the three types of elements that make up a crime. Objective 5.3: Generalize the four criminal mental states. Competency 6: Analyze the theory of arrest and explain the legal authority of a firefighter. Objective 6.1: Articulate the difference between criminal and administrative search warrants. Objective 6.2: Recite at least six exceptions to the search warrant requirement. Objective 6.3: Classify a criminal conspiracy and explain the liability of each co-conspirator.

5 Competency 7: Paraphrase the specifics of intentional tort. Objective 7.1: Present how consent is a defense to battery, assault and false imprisonment. Objective 7.2: Conclude that a competent adult has an absolute right to decline medical care. Objective 7.3: Produce what should be done to document refusals of care against medical advice.

6 Competency 8: Explain negligence and identify the elements of negligence. Objective 8.1: Critique the concepts of duty, standard of care, breach, damages, and proximate cause as these terms relate to negligence. Objective 8.2: List the types of evidence that can be used to establish the standard of care for a professional. Objective 8.3: Cite the Fireman s Rule. Objective 8.4: Define gross negligence and recklessness. Objective 8.5: Express the most common types of activities for which strict liability is imposed. Competency 9: Summarize the history and current status of sovereign immunity as it applies to the fire service. Objective 9.1: Explain the purpose and role of tort claims acts. Objective 9.2: Contrast statutory immunity from sovereign immunity. Objective 9.3: State the public duty doctrine, the special duty exception and the insurance wavier doctrine. Competency 10: Illustrate an understanding of contract law and employment issues. Objective 10.1: Define the terms contract, offer acceptance, consideration, and promissory estoppel. Objective 10.2: Identify the types of contracts commonly associated with the fire service. Objective 10.3: Define an employee at will and explain the requirement of due process as it relates to the discipline of a firefighter. Objective 10.4: Explain how worker compensation systems operate in general and the variations commonly associated with firefighter. Competency 11: Interpret labor law and collective bargaining for the fire service. Objective 11.1: Explain the primary differences between private sector labor relations and public sector labor relations. Objective 11.2: Identify the three categories of subjects for collective bargaining and explain each. Objective 11.3: Discuss the duty of fair representation. Objective 11.4: Relate how Weingarten and Garrity Rights serve to protect employees. Competency 12: Identify the major employment discrimination laws impacting the fire service. Objective 12.1: Explain equal opportunity employer and affirmative action. Objective 12.2: Cite the three standards of review that courts apply to governmental actions that are challenged as being discriminatory. Competency 13: Discuss sexual harassment and other forms of employment discrimination. Objective 13.1: Identify factors that contribute to a sexually hostile work environment. Objective 13.2: Designate the federal laws that impact pregnancy discrimination. Objective 13.3: Generalize the need for reasonable accommodations for religion in the work place and impact of undue hardship on an employer. Competency 14: Categorize the requirements stipulated under the Fair Labor Standards Act and Family and Medical Leave Act. Objective 14.1: Define compensatory time and explain the appropriate guidelines for comp time under the FLSA. Objective 14.2: Evaluate the Family and Medical Leave Act and determine what benefits it provides. Competency 15: Classify the most common types of public accountability laws. Objective 15.1: Contrast the difference between conflict of interest laws and ethical codes. Objective 15.2: Evaluate the purpose and functions of open meetings and open record laws, and the types of penalties for violations of each. Objective 15.3: Critique whistle blower acts and whistle blower provisions.

7 Teacher s Guide Course Textbook, Materials and Equipment Textbook(s) Title Legal Considerations for Fire and Emergency Services Author(s) Varone, J. Curtis Publisher Thomson - Delmar ISBN Software/ Equipment Course Assessments Description of Possible Course Assessments (Essays, multiple choice, etc.) Exams standardized for this course? NO Midterm Final Other (Please specify): Where can faculty members locate or access the required standardized exams for this course? (Contact Person and Location) Example: NCK Academic Chair Office Class Discussion: 30% Assignments: 10% Chapter Quizzes (Multiple Choice): 30% Midterm & Final: (Multiple Choice): 30% Are exams required by the department? Yes _X_ No If Yes, please specify: Learning Units Learning Unit Topic 1: Types and Sources of Laws Competency: 1 Objectives: Reading: Read Text Chapter #1 Lecture / PowerPoint: Explain how laws are created at the Federal, state, and local levels and discuss the importance of knowing the law since a firefighter s rights and responsibilities are defined by it. Learning Unit Topic 2: Courts and Court System Competency: 2 Objectives: Reading: Read Text Chapter #2 Lecture / PowerPoint: Discuss jurisdiction of courts, the four phases of a civil suit, and how only questions of law can be appealed to an appellate court. Learning Unit Topic 3: Types of Fire Departments Competency: 3 Objectives: Reading: Read Text Chapter #3 Lecture / PowerPoint: Compare the four major types of organizations providing fire protection services. Student Project: List the 17 basic powers and duties of a fire district that are stated in A.R.S

8 Learning Unit Topic 4: Administrative Agencies Competency: 4 Objectives: Reading: Read Text Chapter #4 Lecture / PowerPoint: Discuss the powers of an agency to create regulations, to enforce regulations and the power to adjudicate contested matters. Learning Unit Topic 5: Criminal Law Competency: 5 Objectives: Reading: Read Text Chapter #5 Lecture / PowerPoint: Discuss the origin, elements and classification of criminal laws. Class Discussion: Discuss the pros and cons to the adoption of a generalized duty to act for a person under all circumstances. Learning Unit Topic 6: Criminal Procedure Competency: 6 Objectives: Reading: Read Text Chapter #6 Lecture / PowerPoint: Discuss criminal procedures including arrest, search and seizure, accomplice liability and criminal defenses Student Project: Read Michigan v Tyler and Michigan v. Clifford and determine what factors determine what is a reasonable time to conduct an investigation without a warrant. Learning Unit Topic 7: Civil Liability Issues Competency: 7 Objectives: Reading: Read Text Chapter #7 Lecture / PowerPoint: Trace the history of intentional torts and explain they provide a mechanism for someone who was injured by the intentional conduct of another. Group Project: Determine how EMS should handle a call involving a patient, whose family stated that he/she has a do not resuscitate directive and there is no method to determine the validity of the family s claim. Learning Unit Topic 8: Negligence Competency: 8 Objectives: Reading: Read Text Chapter #8 Lecture / PowerPoint: Describe the underlying principle of negligence including duty, standard of care, and breach of the standard of care, damages, and causation. Class Discussion: Discuss whether a fire fighter driving a fire truck has a different standard of care than the typical motorist and why it should be the same or different. Learning Unit Topic 9: Sovereign Immunity Competency: 9 Objectives: Reading: Read Text Chapter #9 Lecture / PowerPoint: Explain the exceptions to immunity protection such as gross negligence, recklessness, intentional conduct and where a special duty is created between the governmental actors and the victim.

9 Learning Unit Topic 10: Contract and Employment Law Issues Competency: 10 Objectives: Reading: Read Text Chapter #10 Lecture / PowerPoint: Discuss mutual aid agreements, purchasing, insurance and employment agreements and how firefighters are treated under worker s compensation rules. Learning Unit Topic 11: Labor Law and Collective Bargaining Competency: 11 Objectives: Reading: Read Text Chapter #11 Lecture / PowerPoint: Describe the collective bargaining process and what is able to be bargained under state law. Learning Unit Topic 12: Employee Rights and Discrimination Competency: 12 Objectives: Reading: Read Text Chapter #12 Lecture / PowerPoint: Discuss the laws that create a comprehensive prohibition against employment discrimination that impact fire departments when recruiting, hiring, promoting, disciplining, terminating or retiring personnel. Class Discussion: Discuss if CPAT has reduced department hiring liability and whether or not it is valid for all departments Learning Unit Topic 13: Sexual Harassment and Other Forms of Employment Discrimination Competency: 13 Objectives: Reading: Read Text Chapter #13 Lecture / PowerPoint: Explain what constitutes sexual harassment and religious and grooming issues have been decided by the courts. Class Discussion: Discuss if reading Playboy in the station can lead to a sexual harassment suit. Learning Unit Topic 14: Fair Labor, Family Medical Leave, Residency and Drug Testing Competency: 14 Objectives: Read Text Chapter #14 Lecture / PowerPoint: Explain the Fair Labor Standards Act, the Family Medical Leave Act, residency rules and drug testing. Learning Unit Topic 15: Public Accountability Laws Competency: 15 Objectives: Reading: Read Text Chapter #15 Lecture / PowerPoint: Describe how public accountability laws increase public confidence and that violators can be held civilly and criminally accountable. As per the President s directive given 03/25/16 to remove COMPASS in course Prerequisites, the catalog now reflects more generic placement exam language effective Fall 2016.