Risk Management: Conscious Ahimsâ Matthew J
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INTERNATIONAL JOURNAL OF YOGA THERAPY — No. 14 (2004) 87 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 teacher 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 “risk management,” borrowed from the ronment. Beginning from an intention of “conscious medical community, is the science 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 teachers, “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 breathing. “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 College 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 pressures 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 INTERNATIONAL JOURNAL OF YOGA THERAPY — No. 14 (2004) 89 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 solution-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 knowledge 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 tide 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.