Representatives from The Trust address professional liability risks affecting Academians, first raised in the November 1999, Monitor article, Conflict, legal threats come with being chair.
Bruce E. Bennett, Ph.D., serves as Chief Executive Officer of The Trust. A former member of the APA Board of Directors, he is a national expert on professional ethics and risk management. Celia B. Fisher, Ph.D., Professor of Psychology and Director of the Center for Ethics Education at Fordham University, Bronx, NY, is a former member of The Trust Board of Trustees.
Q: The Monitor article focused on the potential for litigation related to department head's responsibilities and presents several scenarios which you can comfortably suggest could be protected through the purchase of a Trust endorsed Professional Liability Academician & Researchers Policy. Could you address some of these scenarios specifically?
A: Dr. Bennett: First off, all of these situations are perfect examples of the rationale long expressed by The Trust that individuals should protect themselves by purchasing individual coverage and not rely on the good will of an institution. Many times, the fine line between whether your institution will back you ends up resting on whether the accusations are believed to be strictly personal. In the article, Robert Lyman, Ph.D., Chair from the University of Alabama, suggested that you could be seen as “out to get someone” and your institution may claim it's a conflict outside the scope of the chair's job. Litigation arising from the decision to not renew a faculty member's contract, student dismissal, discrimination, negative reference letters claimed to be vindictive, and denial of a request to teach a course are all very subjective situations. By purchasing your own policy, you know you have coverage available. We have several documented cases involving academians who thought they had comprehensive coverage through their institution. When they were sued they were surprised to learn the extent to which the institution's coverage was insufficient.
Q: Dr. Fisher, in your career as an academian have you seen any situations that led you to having your own professional liability policy?
A: Dr. Fisher: Bridget Murray reported that litigation on campus is on the rise. Nowadays, students may dispute decisions regarding grades and reference letters; faculty may dispute decisions regarding promotions and tenure; individuals may claim harm from graduate assistants conducting interventions in a community practicum or research context under the supervision of faculty members. I have been an academic psychologist for 20 years and have had my own liability policy with The Trust Sponsored Program for eight years, knowing that these are very real risks.
In addition to the student and faculty liability issues raised by chairs in the recent Monitor article, the last decade has seen a rise in complaints against academicians conducting research. For example, parents have litigated against academic scientists' use of what is commonly known as “passive consent” procedures in school-based research; researchers have claimed that academicians have libeled them during presentations at professional meetings outside the university; research assistants have sought damages for claims that professors have plagiarized their work.
I feel safe knowing that my own policy will protect me if the institution's coverage is inadequate, denied, or if the interests of the institution are inconsistent with my own.
Q: Isn't an individual policy expensive. The article cited one chair paying a monthly premium of $130? That's over $1,500 a year.
A: Dr. Bennett: The Trust Sponsored Program offers a policy specifically for psychologist Academians and Researchers. The yearly premium ranges from $70 to $134, depending on the level of coverage. We have designed this policy to provide policyholders with up to 1M/3M in coverage. Most academicians who call us find they can assure real peace of mind at most affordable prices.
Q: What does The Trust policy cover?
A: Dr. Bennett: It provides protection against things like libel, plagiarism, disputes about grades, reference letters, promotions, and tenure decisions. If you supervise clinical students or do any clinical work related to your job, you can purchase expanded coverage for an additional $140 annually. And any psychologist who is a member of APA, working in an academic setting can purchase this policy; you don't have to be the head of your department to get this needed protection.
Q: The article mentioned insurance carriers like Marginnis and Associates and the American Association of University Professors. How is The Trust different from these sources of coverage?
A: Dr. Fisher: The Trust was chartered by the APA in 1962 for the express purpose of providing insurance and financial security programs for APA member psychologists. These programs are unique and more comprehensive than those available to the general public. We have the advantage because psychologists are The Trust's only clients. It's the only program designed for psychologists by psychologists. The Trust's Board of Trustees is comprised of one's peers, including the most preeminent psychologists in the country. The trustees come from private practice as well as academia. I am an academician and research psychologist. Together, we know the issues that psychology faculty, researchers, and practitioners face. We interact with insurance companies to provide the coverage academicians really need. It's comforting to know that each insured gets 100% of our attention.
Q: The Monitor article mentioned seeking advice from legal advisors in order to sometimes avoid lawsuits. Doesn't The Trust offer some type of service similar to this, at no cost?
A: Dr. Bennett: In addition to the broad scope of coverage provided by the policies, The Trust provides the most comprehensive risk management programs in the industry. The Trust is known for its groundbreaking Continuing Education Workshops as well as its free Advocate 800 Risk Management Consultation Service staffed by a licensed psychologist/attorney who you can call for advice. Over 20,000 of our insureds have used this service already - many avoiding trouble before it began.
Q: How can someone contact The Trust for more information?
A: Dr. Bennett: You can reach The Trust by calling 1-800-477-1200 or by checking out our website at www.trustinsurance.com. Online you can find information on all of our programs, including Professional Liability, Life, Income Protection, Office Overhead, Auto and Homeowners coverage and Retirement Programs. You can also download applications. The Trust's professionally trained staff is dedicated to helping APA members identify and secure their insurance and financial security needs. No one knows more about Professional Liability Insurance for psychologists than The Trust. We'd love to hear from you.