Table of Contents QUESTION 12 1. 1Role of communication2 1. 2 Positive educator-learner relationships2 1. 3Learner participation in a multicultural classroom2 QUESTION 23 2. 1 Improve learner motivation in classroom3 2. 2 Draw up the following of a positive classroom policy:3 2. 2. 1Aims and objectives of our class3 2. 2. 2Rules of our classroom3 2. 2. 2Task division3 2. 3 Define the following concepts:3 2. 3. 1 Leadership3 2. 3. 2 Control3 2. 3. 3 Intrinsic motivation3 2. 3. 4 Communication4 2. 3. 5 Cooperative learning4 2. 4 Autocratic and democratic styles4 2. 5 Conveying message4 QUESTION 35 Introduction5
Five elements of delictual liability5 1. Act or conduct5 2. Wrongfulness5 3. Fault5 4. Causation6 5. Harmful consequence6 Contributory Fault6 Conclusion6 REFERENCES7 QUESTION 1 1. Role of communication Any relationship, without communication would collapse. To create a positive atmosphere in classroom – communication has to occur. What is communication? Coetzee, van Niekerk and Wyderman (2008: 82) describe communication as the transmitting of an idea by someone (the sender) and the understanding thereof by another (the receiver). Thus, the educator must be understood by the learner and learner must be understood by educator when conversing.
Role of communication involves creating an understanding by the setting of ground rules, creating open professional dialogue with learners, holding personal discussions and creation of better relationships with learner. For the above responsibilities to be of impact, the educator involved need to adhere and fully commit him or herself into achieving each task profoundly. 1. 2 Positive educator-learner relationships According to Pianta (1999:1), positive educator-learner relationships are characterized by open communication, as well as emotional and academic support that exist between learners and educators.
Positive educator-learner relationships become particularly important during early adolescence, as learner move from the supportive environment of primary school to the more disjointed atmosphere of a high school. They also become important for ensuring good academic performance from learners. I know this because the classes I enjoyed (when I was still a learner) were the ones I did well in. So for me to do well in those classes – I had to be internally happy in the class. This goes inline with what a theorist once wrote that any performance – including academic performance – is a product of ability multiplied by motivation.
Motivation is intrinsic and involves emotion. If educator requires learners to perform – the educator has to motivate the learner in order for the learner to perform at the best of his or her ability. A motivated learner will perform well academically and then the educator will be satisfied by the outcome, resulting in a positive atmosphere in the classroom. 3. Learner participation in a multicultural classroom The first thing to do is to learn about the different cultures in the classroom from cultural insiders, learners, books and internet.
Adopt a story-telling teaching method whereby the learner will get an opportunity to share an experience using his or her past experience in his or her cultural background environment e. g. having a Zimbabwean in class should lead you to asking that learner about how certain thing in South Africa will he or she perform in Zimbabwe. They should share this knowledge also in oral and written form. Team work or group work should be adopted and the desks in the class should arrange as such. How the learners sit in class does also promote their participation. Each group should reflect diversity.
When the individual learner or group ask question, the educator, is recommended to respond in a positive unbiased way to the learner question so to encourage repeated questioning behaviour. It is essential for the school to allow educator to undergo diversity development workshops so that there can be an understanding and respect of cultural differences in the classroom. Acknowledge each culture hero and communicate all culture holidays. Treat multicultural learners equally do not have culture favourites. QUESTION 2 2. 1 Improve learner motivation in classroom a) Reward learners (Tom 2008:1). ) Make sure course has real value (Tom 2008:1). c) Help learners perform better (Tom 2008:1). d) Set clear expectations for the course (Tom 2008:1). e) Tell them they’re wrong when wrong (Tom 2008:1). 2. 2 Draw up the following of a positive classroom policy: 2. 2. 1Aims and objectives of our class The objectives are a breakdown of the classroom vision. These objectives must be SMART objectives (Specific, Measurable, Achievable, Realistic and Time-limited) (Coetzee et al. 2008: 6). 2. 2. 2Rules of our classroom There must be an organization and management plan in place that will enforce efficient rules and procedures.
They must be consistently followed and in which the educator and the learner clearly understand expectation of the learner behavior (Coetzee 2006: 40). 2. 2. 2Task division The task division must be unambiguous and clear. It must be according the class ability and standard of achievement. 2. 3 Define the following concepts: 2. 3. 1 Leadership Leadership is about inspiring persons or groups to such an extent that they willingly and enthusiastically work to accomplish set aims (van Niekerk 1995: 4). 2. 3. 2 Control Controlling is assessing the work done and being done to re-align and correct it when necessary (Study guide 2006: 25). . 3. 3 Intrinsic motivation Intrinsic motivation means that a person works because of an inner desire to be successful at a certain task (Coetzee et al 2008: 103). 2. 3. 4 Communication Communication can be described as the transmitting of an idea by someone (the sender) and the understanding thereof by another (the receiver) (Coetzee et al 2008: 82). 2. 3. 5 Cooperative learning Can be defined as a team approach to learning where each member of the group is dependent on the other members to accomplish a specific learning task or assignment (Coetzee et al 2008: 108). 2. Autocratic and democratic styles Autocratic style It is characterised by the strong leadership role of the educator namely: • One-way communication. • Little opportunity for creative thinking. • Learner participation is usually more passive. • Rigid discipline. • The educator is more reserved (unapproachable). Democratic style It is characterised by a calm and inviting teaching attitude, namely: • Self-expression by learners. • A team spirit between educator and learners. • The use of variety of sources, so that the educator is not the only source. 2. 5 Conveying message
In a model for understanding communication, the communication process is described as: the steps between a source and a receiver that result in the transference of meaning. There is a need for a purpose (expressed as message) before communication can take place. To create that message the source had to initiate the process by a thought (idea, instruction, request). Then the source converts the message into a symbolic form. The message is then communicated through the medium called the channel. The receiver then decodes the message by assigning meaning to the message.
Through feedback it will be then determined whether the understanding is achieved or not (Coetzee et al 2008: 86). QUESTION 3 Introduction The law of delict is a section of private law. This branch of law deals with civil wrongs against another person that cause the injured party to go to court to seek compensation from the wrongdoer for damages (Coetzee et al, 2008: 226). In the law of delict, also called “tort law” in some countries, a duty of care has to be established before anyone can be held liable for damages suffered because of his or her negligent behaviour (Beloff, Kerr & Demetriou in Rossouw, 1999:112).
In this assignment, an analysis would be made regarding the duty of care that should have existed and was owed by the team coach and the school. The analysis would be made in reference to the five elements of a delict: action or conduct, wrongfulness, fault, causation and harmful consequence. The elements are then applied to the scenario and then it will be concluded if the team coach is liable or not and if there is not any contributory fault of the player. Five elements of delictual liability 1. Act or conduct According to Coetzee et al (2008: 226) to constitute a delict, one person (e. g. he educator) must have caused harm or damage to another by his or her action or conduct. The conduct must be a voluntary human action and may be either a positive action (i. e. doing something) or an omission (i. e. failure to do something). In the scenario, due to the team coach’s conduct of not inspecting the basket ball ground (i. e. failure to do something). and also, instructing the injured (bleeding) player to phone his parents while bleeding- this requirement is met (i. e. doing something) or. 2. Wrongfulness Coetzee et al (2008: 226) state that the act (conduct) that causes harm must be wrongful i. e. t must be legally reprehensible or unreasonable in terms of legal convictions of the community, To test for unlawfulness, the boni mores principle is applied. The question here is whether the harm caused was unjustified in the circumstances. Most types of sport have ordinary as well as unexpected dangers. Referring to these dangers, Smith (2002:1) states that “it is prudent for a coach in the discharging of his or her duty to provide players with adequate warning”. This is called the disclosure requirement and implies that coaches cannot assume that participants know the dangers, even when they are very obvious.
Therefore, the team coach was wrong for not inspecting the ground before the players practice on it. He was also wrong for telling the player to do the phone call while injured. This requirement is met. 3. Fault The act must be the result of fault in the form of an intent (dolus) or negligence (culpa). The ‘fault’ refers to the blameworthy attitude or conduct of someone who has acted wrongfully (Coetzee et al 2008: 226). Regarding the playing field, surrounding grounds and other facilities, proper measures should be in place to safeguard all participants.
Dangerous objects in the vicinity of playing fields should be removed or properly covered (Rossouw 2004:37). According to the scenario, it was the coach fault the player was injured. He should have inspected the ground so that the protruding steel could be identified. This requirement is met. 4. Causation There must be a causal link between the conduct of the perpetrator and the harm suffered by the victim (Coetzee et al 2008: 227). When injuries do occur, the coach should assess whether a player is fit to train, and training should be supervised in a proper way.
Normally these assessments can be done without any immediate pressure, but when an on-field injury occurs, the liability of the coach may become a real issue (Rossouw 2004:37). Smith (2002:2) refers to Mogabgob v Orleans Parish School Board 239 2d 456 (1970) where a coach sent a player to hospital after two hours, whilst he actually needed urgent attention due to heat stroke and exhaustion. The player subsequently died and the court held the coach liable, because evidence suggested that the player would have survived if medical treatment had been administered sooner.
In the scenario, the injury of the player might complicate because it is a head injury. The coach did not assess (according to the given scenario) the injured player and seems to care less and instructs the player to phone his or her parents. This is simple negligence from the couch and will result to a medical complication. This requirement is met. 5. Harmful consequence Since a delict is a wrongful and culpable act which has a harmful consequence, damages (causing harm) in the form of patrimonial (material) loss or non -patrimonial loss must be present.
It is a basic duty of a coach to do everything in his or her power to prevent injuries to players (Coetzee et al 2008: 227). In the scenario the damages the player has suffered non-patrimonial damages. This requirement is met. Contributory Fault Contributory fault involves some of fault (in the form of negligence) on the part of injured person. This results when learner fails to exercise duty of care for someone in his or her age, then the court may decide that the negligent educator is not solely liable for damages resulting from an injury (Coetzee et al 2008: 230).
According to the scenario, the player’s conduct was good because he was on the ground practising. The team coach – on behalf of his school – had to inspect the Discipline High School basketball ground. That was not the responsibility of the player. Regarding phone call to his parents – if he carries on according to the coach’s instruction – he cannot be held liable simply because head injuries can be associated with brain malfunctioning. Thus, he might not be thinking clearly. Conclusion It can then be concluded that there was no contributory fault on the player part. All the five required elements have been met.
In South African law, when these five elements are present, the team coach (educator) can be found guilty of delict. This is due to the fact that the team coach by acting negligently caused damages to the injured player. Now, the player will need to be compensated for the loss suffered in the court of law (Basson & Loubser, 2001: Ch5, 11). REFERENCES Basson JAA & Loubser MM 2001. Sport and the Law in South Africa. Butterworths, Durban. In: Rossouw, J. P. 2004. “Where education law and sport law meet: the duty of care of the educator-coach in South African schools” North-West University, Potchefstroom Campus.
SA-Educ JOURNAL Volume 1, Number 2, pp. 28-40. Coetzee, SA, van Niekerk, EJ & Wyderman JL. 2008. “An educator’s guide to effective classroom management”. Pretoria: Van Schaik. McInnes-Wilson Lawyers. In: Rossouw, J. P. 2004. “Where education law and sport law meet: the duty of care of the educator-coach in South African schools” North-West University, Potchefstroom Campus. SA-Educ JOURNAL Volume 1, Number 2, pp. 28-40. Pianta, R. C. , 1999. Enhancing Relationships between Children and Teachers. Washington, D. C. : American Psychological Assn. In “Forming positive student-teacher relationships” [Online] Available: http://www. edu. niu. edu/~shumow/itt/StudentTchrRelationships. pdf Rossouw, J. P. 2004. “Where education law and sport law meet: the duty of care of the educator-coach in South African schools” North-West University, Potchefstroom Campus. SA-Educ JOURNAL Volume 1, Number 2, pp. 28-40. Smith F 2002. Liability for coaches and school authorities in school spo rt. MW Education Update. Brisbane: Tom. S. 2008. “Motivate Your Learners with These 5 Simple Tips” [Online] Available: http://www. articulate. com/rapid-elearning/motivate-your-learners-with-these-5-simple-tips/