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Risk Management: Conscious Ahimsâ Matthew J. Taylor, M.P.T., R.Y.T.

Abstract tion in Yoga brings with it the increased possibility of The popularity and pervasiveness of Yoga has injuries and accidents in a Yoga setting. Aware of these brought with it increased injuries and subsequent legal odds, how does a Yoga respond to prevent the interventions. This article reviews the concepts of risk violence of a litigious process. management and how they might be used in a Yoga envi- The term “,” borrowed from the ronment. Beginning from an intention of “conscious medical community, is the of protecting both the ahimsâ,” the review is followed by case examples of consumer and provider from harm. While risk manage- documented practices from the author’s experience as ment offers many appropriate guidelines and proce- an expert legal witness. The final portion of the article dures, the term also carries a fear-based, legalistic offers suggested remedies for these cases and provides connotation. As Yoga , “conscious ahimsâ,” as an action list of practices to empower readers to weave an alternative term, offers a fresh and appropriate spirit their practice of ahimsâ throughout the fabric of their of motivation for consideration. This article will main- service to others. tain this intention while introducing and reviewing the basic principles of risk management. The review is fol- Introduction lowed by case examples of documented practices from the author’s experience as an expert legal witness. The Do you promise to tell the truth, the whole truth, final portion of the article offers suggested remedies and nothing but the truth? “I do.” How did this hap- for these cases and provides an action list of practices pen? Why won’t she make eye contact with me? This to empower readers to weave their practice of ahimsâ feels so dreamlike . . . Okay, keep . “White throughout the fabric of their service to others. Plains, New York.” Why do they want to know where I was born? What will he ask next? . . . My attorney told Overview and Background me to keep my answers short and to the point, but is that the “truth”? “Thomas for two years, then The practice of conscious ahimsâ is rooted in the transferred to State.” Does it matter that I transferred yamas of every teacher’s personal practice. Conscious schools . . . why did they ask that . . .? ahimsâ can be summed up in a single word: “aware- The yoga of a court-ordered deposition—not what ness.” What teachers and students are not aware of, they any Yoga teacher envisions when he or she begins, but cannot control. Such non-harming requires the ongoing unfortunately this scene is taking place across the development of awareness of the effects of one’s actions United States. The growing popularity of and participa- and inactions. Awareness of practices and processes that 88 INTERNATIONAL JOURNAL OF YOGA THERAPY — No. 14 (2004) can result in harm requires careful What are the factors that have we as a community of teachers, have and regular critical reflection by a brought about the need for this created a system of practice within teacher. That reflection should ask review? Dismissing the phenomenon our larger cultural system. These questions such as: Am I being pres- as the result of just a greedy, liti- factors have an exponential impact ent to my student(s) in each teaching gious society promotes a dangerous when applied to the more at-risk setting, or am I stretched too thin? lacuna, or blind spot, in our aware- population of the teacher or school Am I serving my students’ needs or ness as a Yoga community. Table 1 that offers Yoga therapy. my own? Is there adequate commu- contains a partial list of factors for The final factor is the most dif- nication between teachers in our stu- ficult, asking, “Do I dismiss my con- dio? Are class sizes appropriately Conscious ahimsâ can cerns about litigation by holding matched to teacher experience and be summed up in a sin- myself ‘above’ such matters?” student skill levels? Such honest and gle word: “awareness.” Clearly the adoption of an insular probing introspection is key to deep- attitude of dismissal because none ening our practice of ahimsâ and of those factors are present in our increasing consciousness of actions consideration of what, besides oppor- personal situation falls short of a that are known to increase risk of tunistic attorneys and students, is yogic view of ahimsâ. A harming harm to students or ourselves. The contributing to the violence of litiga- practice of Yoga down the street of long days of teaching, tion in response to some Yoga prac- impacts all of Yoga by discrediting coordinating teachers’ schedules, tices. While not exhaustive, careful Yoga’s name, fostering inaccurate managing difficult clients, and sus- reflection on these factors may generate stereotypes of Yoga, and generating taining budget demands give us call new awareness of how we as individ- increased liability costs with even- to regularly return to these questions. ual teachers, and more importantly, tual calls for regulation that will

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affect all teachers. How do we one or more factors listed in Table 1. To adopt a “don’t ask/don’t tell” policy address this somewhat daunting list share the -oriented process of mutual ignorance to avoid liabil- of challenges that reflects the cur- of conscious ahimsâ or risk man- ity but increase risk of harm to stu- rent state of Yoga? The adoption of agement, a remedy is proposed for dents, or do you seek conscious ahimsâ will not directly each case. while accepting greater responsibil- address all of those factors, but it is ity for your actions as a teacher in a powerful and effective action in Inaccurate Program order to avoid harm in your student stemming the rising of harm Representation/Qualifications relationships? Each of us must make produced by Yoga. The following this choice with a high level of case examples with proposed reme- At a large studio an instructor in awareness of all the implications, dies are a prelude to an action-ori- a beginner level Yoga class was including honoring the yama satya. ented list of practices to foster a teaching advanced inversion pos- non-harming environment. tures in the sixth class. The brochure Doing Too Much with Too Little for the facility stated that inversion A harming practice of postures were taught only in Level A single teacher in a beginning Yoga down the street 2 classes and that students must level class was instructing halâsana impacts all of Yoga by have completed two full series of to over 20 students without ade- discrediting Yoga’s name. the beginner level class before quate chairs and blankets for this enrolling. many students. Remedy: Review all literature Remedy: Monitor class sizes Case Examples (hard copy and electronic) to insure and equipment requirements, pro- accuracy of representation to the viding teachers with a feedback The types of injuries and com- public. Ensure that teachers on staff form for identifying safety risks and plaints arising from inappropriate are complying with those publications. equipment needs. On the form have Yoga instruction are quite disturb- a space to briefly record action taken ing. Anecdotal evidence of the rising Informal Communication or remedy provided in response to number of musculoskeletal injuries System the request. being seen in orthopedic and chiro- practic clinics is disheartening. How Students did not fill out personal Teacher Reimbursement often have you been introduced to history forms and were not screened Policies someone and, when the fact that you for risk factors such as surgeries, teach Yoga enters the conversation, diseases, or prior injuries. Conse- A teacher had complained to you hear some version of, “I (or my quently, there was no system of management for two years about spouse, etc.) tried Yoga once, but I communication for a regular teacher excessive class sizes and yet contin- (or he/she) hurt my (or his/her) [fill to inform a substitute teacher of a ued to teach at the facility in order to in the body part] and had to quit”? student’s past spinal surgery before afford training trips to India. The Certainly none of these situations the teacher had the student perform reimbursement structure allowed for are working to make Yoga more a contraindicated âsana. increased revenue for the instructor accepted in our culture. Unfortunately Remedy: Create a student screen- by paying teachers on a per-student that is not the full extent of the prob- ing intake form and have it com- basis. A conflict of interest between lem. When a student with a past pleted and reviewed before students personal financial needs and student spinal surgery is harmed to the take a Yoga class. Develop a means safety resulted in an at-risk teaching extent that the student suffers med- of informing students and other environment. ically verified, permanent disability teachers of significant risk factors Remedy: Consider per-class fees and is awarded a substantial out-of- This remedy does have legal or hourly wage for teachers. Such court settlement, the Yoga community implications. In some opinions it has remuneration honors the teacher’s needs to take notice and take action. been advised not to seek such infor- time and discourages excessive The following cases are based mation because it increases your class size. Sit with this one before on actual situations observed by the liability exposure as a teacher. As dismissing it as impractical, as it author or revealed during expert legal instructors this places us in an gets deeply at what we are about in testimony. Each case refers back to uncomfortable dilemma: Do you our business structure. 90 INTERNATIONAL JOURNAL OF YOGA THERAPY — No. 14 (2004) Quality Does Not Just Happen teacher was characterized by a “dis- the adoption of the practice of con- ciplined,” authoritarian style in scious ahimsâ by all teachers and A large public facility offered a which the teacher was not ques- institutions that offer Yoga instruction. wide range of Yoga classes with tioned and did not expect to have to The concluding section below numerous teachers of varied experience discuss or negotiate participation in offers action lists to foster a regular levels. The supervisor of instructor the practice. Rather than listening to and deepening level of participation responsibilities did not include per- in our ongoing practice of ahimsâ. formance monitoring, customer sat- An instructor testified isfaction, or background checks. that never once had Action Steps for Practice Remedy: In a studio setting with s/he considered or con- multiple teachers, is there a system templated factors in a Establishing a cyclical process or process whereby someone is an of deepening awareness of avoiding advocate for student safety by eval- Yoga class setting that harm and promoting safety is the uating competencies while monitor- would affect safety. foundation of every Yoga practice. ing quality and safety issues? If not, Such a process need not be a quag- what insures student well-being, and mire of paperwork and bureaucracy. how do you identify at-risk teaching the concerns of the student, the A single, focused afternoon of con- environments as the owner? See the teacher directed the student, who centration on applying the action action lists in Tables 2 and 3. had a post-operative spinal instabil- steps in Tables 2 and 3 would signif- ity, that discomfort and fear were icantly deepen the practice of con- Fading Memories and normal and to “move into the pose.” scious ahimsâ, protecting both Identifying Risks Remedy: In the United States, students and teachers from harm. the dominant perspective is summa- Teachers always face some risk of A Yoga teacher was employed rized as “informed consent.” That is, harm from a malicious or unsub- by a large facility and responsible the provider has an obligation to stantiated claim, and there are a few for a significant number of students. provide consumers answers to their steps that can protect one from When the students would report the questions. There is nothing inher- financial and emotional harm in occasional injury or accident, the ently wrong with an authoritarian those circumstances. teacher was attentive and thoughtful style, providing you have informed When initiating the action steps in responding, offering advice and students of its implications in for ongoing students, present the appropriate care. When later called the class setting and they have paperwork in the context of conscious into court to answer a formal charge acknowledged and consented to ahimsâ rather than as a fear-based, delivered by a student that her care participate in such an environment. legal consideration. had been inadequate, the teacher If you have not, the legal system Underlying the action steps is was unable to recall the incident that holds informed consent as the stan- the heart of conscious ahimsâ: the had occurred six months earlier. The dard of practice. quality of relationship and the depth teacher had not kept notes of the stu- of communication. The awareness dent’s injuries or accidents, nor had Failure to Consider Safety that our teaching practice depends they been reported to the manage- Concerns as a Yoga Teacher on proper preparation and action ment of the facility. when accidents or incidents arise is Remedy: Create and maintain an An instructor testified that as a an evolving process to which we incident policy and report form. See teacher never once had s/he considered must regularly return. Viewing the the action list in Table 2 for details. or contemplated factors in a Yoga process as our outward demonstra- class setting that would affect safety. tion of ahimsâ sets a positive and Teaching Method Contrasts Remedy: As hard as it is to healing context for such work. Cre- with Dominant Cultural Values believe, this is sworn testimony ating and reinforcing our practice from a certified teacher at a highly around these actions will establish a A student complained of fear regarded school of Yoga, and this successful program of caring for our and pain regarding performing a instructor is not unique in having students and ourselves as we work particular âsana in a United States this level of lack of awareness over together to transform our world studio. The teaching lineage of that safety. Hence, the call is made for through Yoga. INTERNATIONAL JOURNAL OF YOGA THERAPY — No. 14 (2004) 91

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© Matthew J. Taylor 2004

Matthew J. Taylor, M.P.T., R.Y.T. Dynamic Systems Rehabilitation 10213 N. 92nd St., Suite 102 Scottsdale, AZ 85258 Tel.: 480-699-4867 Email: [email protected] Website: www.dynamicsystemsrehab.com