What are the types of campus emergencies?
According to the subject and nature of the incident (accident), it can be divided into the following categories:
1, student injury incident (accident). Student injury incidents generally refer to accidents in which students suffer personal injury by taking transportation during their education at school, including activities inside and outside the school, public welfare tasks, student internships, military training, etc. It can be roughly divided into: accidental injury incidents of students; Student food poisoning accident; Public security incidents in which students violate the regulations on administrative penalties for public security; Criminal cases in which students' behavior violates the criminal law; Sudden illness of students; Events in which students violate public order and good customs.
2. Teacher incident. Teacher events should include all kinds of events between teachers and schools, teachers and teachers or school employees, teachers and students. Incidents between teachers and schools, teachers and other employees can be handled through internal administration, mediation or complaint, appeal, labor dispute or personnel dispute arbitration, civil litigation, public security management, news litigation, etc.
After the campus emergency, the headmaster should keep calm. See what kind of emergency the incident belongs to first, and generally refer to the following situations:
1, student accident. Schools have the right to educate and manage students, but also have the obligation to protect students; Students have the obligation to receive education and management and the right to be protected. In the educational relationship, if the school fails to fulfill its obligations of education, management and protection, causing personal injury to students or injuries to others, the school will bear civil liability. Primary and secondary school students suffered personal injuries during their school days, which is that the school failed to fulfill its protection obligations; In primary and secondary schools, when students hurt others in school, it means that the school has failed to fulfill its education and management obligations to students and should bear legal responsibility for the damage. This kind of responsibility has the nature of both education law and civil law, and should be based on the nature of civil liability.
What should the headmaster do if there is an emergency in the school?
Can be grasped from six aspects:
1. In the event of a student injury accident, it is determined that the school shall bear civil liability for compensation. Whether it is mediation or litigation, the scope and standard of compensation shall be handled in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases.
2. In addition to taking timely and effective measures to deal with students' food poisoning accidents, if students fully recover after rescue treatment, there are also compensations such as transportation expenses, parents' lost time, medical expenses, nursing expenses, nutrition expenses, and hospital food subsidies. Disability or death, there will be disability assessment, disability compensation, funeral matters, death compensation, spiritual comfort and other aftermath. In the daily student food hygiene management and food poisoning incidents, we should also pay attention to two aspects: First, there are many reasons for food poisoning, excluding human factors. From the point of view of diet, bacteria, toxins, natural toxins and bad eating habits may all cause food poisoning or acute gastroenteritis. Find out the cause and possibility of food poisoning, make an accurate judgment according to the facts, phenomena and evidence of the case, and deal with it correctly in time. In the sanitary management of school canteens, in addition to strictly following the requirements of health and epidemic prevention departments, it is necessary to prohibit the sale of dishes and processing techniques that may cause food-borne diseases such as beans, soybean milk, germinated potatoes, sweet soybean milk, lettuce, mixed vegetables and cold dishes in school canteens; Food utensils and free soup in the canteen must be watched by special personnel to prevent accidents and hidden dangers. Pay close attention to students who use or lie about food poisoning, gastrointestinal diseases, skipping classes or doing other things. After the students report the case, the school doctor will make a preliminary diagnosis, make an accurate and comprehensive judgment in time according to the phenomenon and evidence, and ask the students to go to the hospital for examination immediately, or ask the students and their parents to provide the vomit of the students to the epidemic prevention department for examination, so as to find out the cause and source of the disease and distinguish the responsibilities.
3 students' public security cases and criminal cases, the school shall report the case and cooperate with the judicial organs to investigate and collect evidence. The conditions for reporting a case should be noted and carefully considered. In China's criminal law, many elements of criminal responsibility have a starting point, which requires schools to understand or find out criminal legal provisions, and mainly to help students educate. If students admit their mistakes, have a good understanding and attitude, and the amount is less than the starting point, they should not report criminal cases. For school theft cases, if the equipment is not the property of new equipment, it should be calculated according to the depreciation price of the case or the corresponding market price, not according to the purchase price of new products. In addition, for several cases of student theft, as long as it is not committed by gangs, the amount involved may not reach the starting point of theft, that is, it does not constitute theft.
4. The school is not liable for the accident. Through the case study, a resident student took a drug developed and produced by a certain army and brought it to school from home, which caused serious side effects and physical discomfort. In this case, the school is not at fault. After the incident, the school still sent the student to the hospital for treatment, which alleviated the pain of the student and the side effects of drugs, promptly informed his parents to express their condolences to the student's home, and at the same time controlled the drugs and packaging taken by the student. However, the parents refused to pay the medical expenses and related expenses on the grounds that "the school is responsible for the school events", and the school repeatedly explained and ideological work to their parents with facts and evidence, so that the dispute could be resolved.
5. Handling of students' violation of public order and good customs. Around the campus, there have been "hourly rooms" and countless internet cafes, and the phenomenon of puppy love among students has spread and campus violence has risen. The behavior of a few students has greatly crossed the general boundary of "bad behavior" When dealing with this kind of incident, there are two problems that should be paid enough attention by the school: First, there should be corresponding regulations to regulate students' campus behavior and inform students. Second, when schools deal with acts that are not illegal at ordinary times, due to improper methods, they may cause more and more extensive legal disputes and problems. When making a punishment decision, schools should pay attention to stating the basis and nature of punishment to avoid being involved in unnecessary litigation.
6. Contract disputes. It is necessary to make a detailed market survey and analyze the factors that may be involved in the contract, such as law, ownership, intellectual property rights, hygiene, quality and so on. For example, a famous international food company signed a sponsorship agreement with the school. Sponsored by the company with products, scholarships, publicity fees and articles printed with the company's commodity logo, the school will carry out teaching activities, publicity and lectures to promote products. The terms of this kind of contract should be studied by the school: the company as a legal person and its affiliated enterprise units; The relationship between the company and the product; Production license and product quality.