Problems of Disciplinary Liability and Tort Liability of Educational Institution Administrators under Local Administrative Organization
Keywords:
School administrators affiliated with local government organizations, disciplinary liabilities, tort liabilitiesAbstract
The purpose of this academic essay is to examine how educational institution administrators under the administration of a local administrative organization carry out their disciplinary liability and tort liability.
According to the study, administrators of educational institutions operating under a local administrative organization could violate civil service discipline and tort liability if they performed their duties in a way that did not comply with legal regulations or used discretion that did not follow legal principles. Even if their acts were thoughtless, done without malice and did not amount to gross negligence or degradation of government services, they could still be held accountable for any offence committed by negligence and degradation of government services. According to the Teacher Civil Service and Educational Personnel Act, B.E. 2547 (2004), administrators of educational institutions, under the local administrative organization, who carry out such acts in the course of performing non-personal duties must face harsh disciplinary action. This is not the same as the legislation regarding government officials’ tort liability, which states that government officials can only be held personally accountable in cases of gross negligence.
The author makes the argument that administrators of educational institutions under the local administrative organization may be held liable for torts and disciplinary actions when carrying out their duties. The two laws’ respective liability outcomes, however, differ. Because of this, the severity of the penalty varies. Therefore, the legislation pertaining to teacher and educational personnel disciplinary action should establish fair and adequate liability rules for administrators of educational institutions, in a manner similar to the government officials’ tort liability laws.
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