Therapeutic Recreation Profession Paper
Rachel Palamore
Therapeutic Rec
Legal and Liability Issues of the Therapeutic Recreation Profession
Being a therapeutic recreational professional, there are a number of issues you may have be aware of. To ensure the safety of the professional and the patient, one must be aware of the legal and liable issues associated with this profession. In this paper, I will discuss the issues of sexual harassment, Americans with Disabilities Act of 1990, supervising individuals with disabilities, negligence, restraint, and . I will discuss examples and how i would go about handling each issue.
Sexual harassment is a major issue in these days of age. Being that therapeutic recreation is a hands on profession, one must think about how they …show more content…
will approach any situation without it being mistaken for harassment. The first mention of sexual discrimination and harassment in the workplace is found in the United States Civil Rights Act of 1964. Because it is such a diverse field, no numbers are available indicating the frequency of sexual harassment in leisure services. Some characteristics of this field may even create situations conducive to sexual harassment. If a male professional is with a female patient and he is teaching her a new activity that is hands on, that may open a door to harassment. The solution to avoid a situation such as this would be to come up with new concepts to touch a patient as less as possible.
In 1990, Congress passed the Americans with Disabilities Act.
It is the nations first comprehensive civil rights law addressing the needs. They prohibited discrimination in employment, public services, public accommodations, and telecommunications. Most people with disabilities are looked at as incapable of functioning like a normal person. They are expected to not have jobs and function in regular society. This act changed all of this, people with disabilities are allowed to go to school, work, and participate in public …show more content…
activities.
Supervision is another factor to view when thinking about therapeutic recreation. When you are in a professional setting and have to supervise a group with disabilities you have to be careful that nothing goes wrong. The acceptance of TR programs as a necessary component of treatment for people with disabilities continues to grow despite financial concerns and the fear of legal liability. The professional has to worry about their patients or group harming themselves or others. Persons with must be supervised at all times.
Negligence goes hand in hand with supervision. Negligence is failure to take proper care in doing something. When you are negligent as a therapeutic professional, it can result in legal disputes. Not taking proper care of your patient or student can be harmful in many ways. Failure to recognize such factors is not only a threat to participants, but has the potential to significantly slow any further progress in TR programming within the schools or programs. In order to ensure that negligence doesn’t happen, one must pay close attention to his or her patient or student. The employer must be able to choose a reliable employee. One has to trust that the employee will do his or her job efficiently.
Professionals have a duty to exercise reasonable care to not injure students or patients and to protect them from being injured.
This duty applies to all individuals who have a responsibility to guide and teach those who are assigned to their care or seek their expertise. From a legal perspective, TR professionals must also be involved in continuing education programs in order to stay current in the provision of services. When approached with a situation that a person needs to be restrained, the professional must know how to address the situation without them or the other person being injured. Being able to safely restrain someone is another big issue among therapeutic recreation
professionals.
Lastly, the Civil Rights Act of 1964 addresses all the main liable and legal issues among therapeutic recreation professionals. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. The Educational Opportunities Section addresses disability discrimination in several ways, including through its existing desegregation cases and its English Language Learner (ELL) matters. Title II of the ADA provides that no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, program, or activities of a public entity, or be subjected to discrimination by any such entity. No student or persons should be denied because they have a disability.
In conclusion, the issues that i discussed are all very important when thinking from a legal standpoint in the therapeutic recreation profession. A professional must be careful and efficient. This job is not as easy as it may seem. It does not just consist of making activities for an individual with a disability. A professional must treat the individual with respect and make them feel as if nothing is wrong with them, as well as monitor and protect them.
References
http://books.google.com/books?id=VOwUpVEC0kAC&pg=PA72&lpg=PA72&dq=sexual+harassment+in+therapeutic+recreation&source=bl&ots=61WyeLB5Rb&sig=WEWBmsPs4LiwEyA5BcUw8bjrdmo&hl=en&sa=X&ei=QhyVUrCsNKLcyQH6woDADw&ved=0CEoQ6AEwAw#v=onepage&q=sexual%20harassment%20in%20therapeutic%20recreation&f=false
http://js.sagamorepub.com/trj/article/view/909/883
http://www.justice.gov/crt/about/cor/coord/titlevi.php
Therapeutic Rec
Legal and Liability Issues of the Therapeutic Recreation Profession
Being a therapeutic recreational professional, there are a number of issues you may have be aware of. To ensure the safety of the professional and the patient, one must be aware of the legal and liable issues associated with this profession. In this paper, I will discuss the issues of sexual harassment, Americans with Disabilities Act of 1990, supervising individuals with disabilities, negligence, restraint, and . I will discuss examples and how i would go about handling each issue.
Sexual harassment is a major issue in these days of age. Being that therapeutic recreation is a hands on profession, one must think about how they …show more content…
will approach any situation without it being mistaken for harassment. The first mention of sexual discrimination and harassment in the workplace is found in the United States Civil Rights Act of 1964. Because it is such a diverse field, no numbers are available indicating the frequency of sexual harassment in leisure services. Some characteristics of this field may even create situations conducive to sexual harassment. If a male professional is with a female patient and he is teaching her a new activity that is hands on, that may open a door to harassment. The solution to avoid a situation such as this would be to come up with new concepts to touch a patient as less as possible.
In 1990, Congress passed the Americans with Disabilities Act.
It is the nations first comprehensive civil rights law addressing the needs. They prohibited discrimination in employment, public services, public accommodations, and telecommunications. Most people with disabilities are looked at as incapable of functioning like a normal person. They are expected to not have jobs and function in regular society. This act changed all of this, people with disabilities are allowed to go to school, work, and participate in public …show more content…
activities.
Supervision is another factor to view when thinking about therapeutic recreation. When you are in a professional setting and have to supervise a group with disabilities you have to be careful that nothing goes wrong. The acceptance of TR programs as a necessary component of treatment for people with disabilities continues to grow despite financial concerns and the fear of legal liability. The professional has to worry about their patients or group harming themselves or others. Persons with must be supervised at all times.
Negligence goes hand in hand with supervision. Negligence is failure to take proper care in doing something. When you are negligent as a therapeutic professional, it can result in legal disputes. Not taking proper care of your patient or student can be harmful in many ways. Failure to recognize such factors is not only a threat to participants, but has the potential to significantly slow any further progress in TR programming within the schools or programs. In order to ensure that negligence doesn’t happen, one must pay close attention to his or her patient or student. The employer must be able to choose a reliable employee. One has to trust that the employee will do his or her job efficiently.
Professionals have a duty to exercise reasonable care to not injure students or patients and to protect them from being injured.
This duty applies to all individuals who have a responsibility to guide and teach those who are assigned to their care or seek their expertise. From a legal perspective, TR professionals must also be involved in continuing education programs in order to stay current in the provision of services. When approached with a situation that a person needs to be restrained, the professional must know how to address the situation without them or the other person being injured. Being able to safely restrain someone is another big issue among therapeutic recreation
professionals.
Lastly, the Civil Rights Act of 1964 addresses all the main liable and legal issues among therapeutic recreation professionals. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. The Educational Opportunities Section addresses disability discrimination in several ways, including through its existing desegregation cases and its English Language Learner (ELL) matters. Title II of the ADA provides that no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, program, or activities of a public entity, or be subjected to discrimination by any such entity. No student or persons should be denied because they have a disability.
In conclusion, the issues that i discussed are all very important when thinking from a legal standpoint in the therapeutic recreation profession. A professional must be careful and efficient. This job is not as easy as it may seem. It does not just consist of making activities for an individual with a disability. A professional must treat the individual with respect and make them feel as if nothing is wrong with them, as well as monitor and protect them.
References
http://books.google.com/books?id=VOwUpVEC0kAC&pg=PA72&lpg=PA72&dq=sexual+harassment+in+therapeutic+recreation&source=bl&ots=61WyeLB5Rb&sig=WEWBmsPs4LiwEyA5BcUw8bjrdmo&hl=en&sa=X&ei=QhyVUrCsNKLcyQH6woDADw&ved=0CEoQ6AEwAw#v=onepage&q=sexual%20harassment%20in%20therapeutic%20recreation&f=false
http://js.sagamorepub.com/trj/article/view/909/883
http://www.justice.gov/crt/about/cor/coord/titlevi.php