Below is guidance about what to do if you are asked to provide direct toileting assistance:
Insubordination is not asking clarifying questions, refusing to violate Federal, State, or local law including school policy (this should be questioned, stated and cited), or refusing to place yourself or others in imminent physical danger (this should be questioned, stated and cited).
In order to not be considered insubordinate for refusing a direct order from a supervisor, instead:
- Be clear that you are not being insubordinate: “I in no way am being insubordinate, but I am confused and have questions.”
- Be clear it is your understanding this is not your job responsibility: “Don’t other staff members have this duty in their job description? I don’t believe I do. Shouldn’t this fall on them? Can I support in another way?”
- Ask that this be demonstrated by administration: “I am very unsure about this can you demonstrate this for me?”
- Ask for Guidance: “I don’t feel comfortable doing this, especially without training, could this duty fall to someone else, at least until I am trained?”
- Ask for a witness: “If this can’t wait for training, can you or another staff member act as a witness? How can you ensure this is regularly available?”
- Document your actions, questions and administrative responses. (email or dated witnessed statements)
If after all of these questions are asked and you are still directed to do toileting, give this statement, “I don’t feel comfortable doing this without training and don’t believe that this is in the scope of my work responsibilities. If you are ordering me to do this, then I insist I have a witness. How will you make sure that happens?”
Your plan if you are asked to toilet a student, either due to an accident or as part of a plan with the parents, should be to question, comply, then grieve. Contact your Building Rep and/or your UniServ Director for further guidance.
Questions for your Admin:
If you are asked by your admin to toilet a student and it is a directive, you can obey and then grieve the changes to your working conditions. However, you also have the right to ask questions to make it clear that this is not mandated by your contract. Here are a set of questions you can ask your admin about toileting:
- Can I see the plan that has been identified with the parents regarding this student’s toileting needs?
- Have you contacted the parent or guardian of this student that they have toileting needs in this moment?
- Am I designated as the staff responsible for toileting this student in all instances?
- If the answer to the previous question is yes, what specific information should be left in my sub plans when I am out of the building?
- Is this a directive to toilet this student now?
- Do you have appropriate PPE (personal protective equipment) for me to toilet this student?
- Is there another non-Unit 1 employee who is able to take on this current job?
- Is there a witness who is available to support me in toileting this student in the moment?
Other Frequently Asked Questions:
- What do I do if a student without an IEP needs toileting support?
- Alert your administrator. Administration should work with families and will determine a plan of action including which staff are responsible for supporting the toileting needs of students.
- What happens if a student comes to school without toileting supplies?:
- Admin will request families send supplies with the student including diapers, wipes, a change of clothes.
- If the problem persists, and families continue to send the student to school without toileting supplies, alert your administration.
- What resources can I provide families?
- Families can find support for toilet training here.
