Instructor Training – GPSTC Questions and Answers
Crime
An act committed or omitted in violation of a law forbidding or commanding it and for which punishment is imposed upon conviction.
Burden of Proof for Criminal Liability
Prove beyond a reasonable doubt that the accused did commit ...
Crime - answer An act committed or omitted in violation of a law forbidding or
commanding it and for which punishment is imposed upon conviction.
Burden of Proof for Criminal Liability - answer Prove beyond a reasonable doubt that
the accused did commit the act and did so willfully and with intent.
Torts - answerA private or civil wrong, other than a breach of contract, in which the
action of one person causes injury to the person or property of another in violation of a
legal duty imposed by law.
Burden of Proof - Torts - answer Preponderance of the evidence.
Penalties for Civil Liability - answer Compensatory Damages and Punitive Damages
Compensatory Damages - answer They reimburse the plaintiff for actual losses
Punitive Damages - answer Monetary awards designed to punish the defendant for
unlawful behavior.
Categories of Torts - answerIntentional, Negligent, Constitutional
Intentional Tort - answerA voluntary intention on the part of a person to bring physical or
mental harm upon another person.
Negligent Tort - answerArise from the fact that our society imposes a duty upon
individuals to conduct their affairs in a manner which will avoid subjecting others to an
unreasonable risk of harm.
Constitutional Tort - answerArise out of guarantees afforded to us in the U.S.
Constitution
Title 42, U.S. Code, Section 1983 - answerLaw enforcement can be liable for depriving
someone or their civil rights.
- Acting under color of law
- Alleged deprivation of rights secured by the constitution and laws
- Liable only for intentional torts or acts of gross negligence; evil motive or intent or
reckless or callous indifference
,Simple Negligence - answerFailure to use that degree of care that an ordinary prudent
person would use in like circumstances
Gross Negligence - answerFailure to perform a manifest duty in reckless disregard of
the consequences as affecting the life or property of another
Willful Negligence - answerIntentional act of unreasonable character in disregard of a
known risk so obvious that the actor must have been aware of it and so great as to
make it highly probable that harm would follow
Requirements to Prevail in a Tort Action - answer1.) A legal duty requiring one to
conduct him/her self-according to a certain standard must exist
2.) A failure to conform (deviate) conduct to this standard must exist
3.) Direct (proximate) cause which is a sufficiently close link between the act of
negligence and the harm suffered by another must exist
4.) Damage results must be suffered by another.
***Almost all training liability is based on negligence law***
Negligent Training - answerFailure to train at all, which courts presume to be gross
negligence, or training which is conducted improperly. Training which does exist may be
either poorly designed or poorly executed
Negligent Supervision - answerFailure on your part to coordinate, control or direct
trainee conduct which may cause an injury
Negligent Entrustment - answerFailure to control dangerous equipment or devices
which are entrusted to trainees
Negligent Retention - answerFailure on your part to take action when you have (or
should have) determined a trainee is unsuitable to continue, or the magnitude of that
trainee's acts demonstrate they are a foreseeable danger
Causes of Action for Which Instructors May Be Found Liable - answer1.) Negligent
Training
2.) Negligent Entrustment
3.) Negligent Supervision
4.) Negligent Retention
Equal Employment Opportunity Commission (EEOC) - answerMakes it unlawful for an
employer to discriminate based on race, color, religion, sex or national origin
, Disparate Treatment - answerInvolves the kind of treatment a trainee receives from
trainers which may differ from the treatment given to other trainees and the only basis
for the different treatment is the person's race, color, religion, sex or national origin
Disparate Impact - answerInvolves the use of training practices which on the surface
appear facially neutral in their treatment of different groups, but will impact more
severely one protected class and cannot be justified by business necessity
Reducing Classroom Liability - answer1.) Written Procedures
2.) Provide these Written Procedures to All Students
3.) Always Follow an Approved Lesson Plan
4.) Teach and Follow Safe Practices in All Class Activities
5.) Ensure Class Sizes are Reasonable and Instructor/Student Ratios are not Exceeded
6.) Supervision
7.) All Machinery and Equipment Should be Tested on a Regular Basis
8.) Specific Procedures
9.) Activity Areas
10.) Safety Devices
11.) Remove Broken Equipment or Machinery
12.) Ensure Trainers are Qualified
13.) Ensure Records are Accurate
14.) Keep Course Materials Up-To-Date
Bloom's Taxonomy - answerHeirachy of steps that must be taken in order to master a
process.
Taxonomy - answerClassification or structure
Domain - answerCategory
KAS - answerKnowledge
Attitude
Skills
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