“Teaching school swimming is considered an important life skill to help prevent drowning accidents for children. However, when the swimming lesson itself became the scene of the tragedy of irreparable loss due to neglect of supervision, the story is not only a professional responsibility but also raises particularly serious legal issues.”
Let’s analyze a real situation below with MSc. Nguyen Huu Long to find a complete solution both logically and emotionally.
Summary of the actual case (The Case)
At Primary School X, Commune B, Province C, the school organized a regular swimming lesson for grade 4 students at the swimming pool on campus.
During the learning process, the PE teacher is assigned to directly manage the class and supervise the students’ water activities.
According to the reflections of many students who witnessed the incident, during the time they practiced in the water, the teacher repeatedly sat in the lounge area and used mobile phones without constantly observing the swimming pool area.
About 10 minutes later, some students found Nguyen Van A submerged in the water and shouted for adults to help. Although she was taken to the emergency room immediately afterwards, she did not survive.
The incident caused Mr. A’s family to fall into extreme pain and ask questions:
Can the teacher’s lack of supervision be criminally handled?
Legal perspective – “Solid shield”
Responsibility to ensure safety for learners
According to Clauses 1 and 3, Article 69 of the 2019 Education Law:
“1. To teach and educate according to educational objectives and principles, fully and qualitatively implement educational programs.
…
Preserving the quality, prestige and honor of teachers; respect and treat learners fairly; protect the legitimate rights and interests of learners.
…”
Thus, teachers must be responsible for teaching and educating according to educational objectives and principles, fully and qualitatively implementing educational programs.
At the same time, teachers are obliged to manage, protect and ensure the safety of students during the implementation of educational activities assigned to them.
For high-risk subjects such as swimming, the teacher’s ongoing supervision is a mandatory professional requirement to prevent risks to students’ lives and health.
Crime of unintentionally causing death due to violation of professional rules or administrative rules
According to Article 129 of the 2015 Criminal Code, amended and supplemented in 2017:
“Article 129. Crime of unintentionally causing death due to violation of professional rules or administrative rules
Those who unintentionally cause death due to violations of professional rules or administrative rules shall be sentenced to between 01 and 05 years of imprisonment.
Committing the crime of causing the death of 02 or more persons, the offenders shall be sentenced to between 05 and 12 years of imprisonment.
Offenders may also be banned from holding certain positions, practicing certain professions or doing certain jobs from 01 year to 05 years.”
In order to apply Article 129, it is necessary to fully consider the following conditions:
The subject is a person who is obliged to comply with certain professional rules or administrative rules;
Committing acts of violating such professional rules or administrative rules;
Violations are the direct cause of fatal consequences;
The person who commits the act does not want consequences to occur but due to negligence or overconfidence, he has allowed the consequences to occur.
In simple words, this is a case where the person with professional responsibility did not intentionally cause the death, but carelessness or negligence in performing the task leads to particularly serious consequences.
Liability to compensate for damage
According to Clause 1, Article 584 of the 2015 Civil Code: “Any person who commits an act of infringing upon the life, health, honor, dignity, reputation, property, rights and other lawful interests of another person and causes damage shall pay compensation, unless otherwise provided for by this Code or other relevant laws.”
In addition to criminal liability, the guilty person and related subjects must also perform civil liability for the victim’s family in accordance with the law.
Apply to the situation
In the above case, the PE teacher is the person assigned by the school to directly manage and ensure the safety of students during swimming lessons.
If the investigation results determine that the teacher has used the phone, did not observe the swimming pool area for a long time, did not fully perform the supervision obligation and it is this irresponsibility that is the direct cause of the student’s failure to be detected and rescued in time, leading to death, this act can be considered from the perspective of violation professional rules in educational activities and student management.
In that case, the teacher’s behavior shows signs of constituting the crime of unintentionally causing death due to violation of professional rules or administrative rules according to Article 129 of the 2015 Criminal Code.
In addition to the responsibility of individual teachers, the investigating agency also needs to clarify the management responsibilities of the school such as:
Whether the ratio of teachers/students in swimming lessons is safe or not;
whether there are professional lifeguards on duty at the swimming pool;
Whether the school has issued an emergency response procedure;
whether the rescue and first aid equipment are adequately arranged.
If violations are detected in the organization, management or safety assurance, the responsibilities of relevant individuals and departments will also continue to be considered in accordance with the law.
Legal conclusion
Through analysis, it can be seen that the teacher in charge of swimming lessons is a person with a special professional obligation in supervising and protecting the safety of students in the water.
If the investigating agency determines that the teacher’s use of the phone, failure to observe and rescue as required by professional requirements is the direct cause of the student’s death, this act may show signs of the crime of unintentionally causing death due to violation of professional rules or administrative rules according to Article 129 of the Criminal Code in 2015.
At the same time, the civil liability for compensation for damage and the management responsibility of the school also need to be considered fully, objectively and comprehensively.
Perspective of Psychology – Education – Governance – “The Key to Humanity”
Psychological perspective
There is no greater pain for parents than the fact that in the morning they still take their children to school, and in the afternoon they have to receive the news that their children will no longer return.
For the victim’s family, this is not only a loss of life but also a mental shock that can last a lifetime.
For students who directly witnessed the incident, feelings of panic, obsession and fear of water can completely appear if they do not receive timely psychological support.
Even for teachers and the school team, this is a particularly serious occupational shock, leaving psychological pressure and a lingering sense of despair.
Educational perspective
Teaching swimming is not only teaching swimming techniques, but also teaching survival skills.
A minute of neglect at the podium may only interrupt a lesson, but a minute of neglect by the pool can take a child’s life.
In the aquatic environment, constant monitoring is not an option but a mandatory professional obligation.
Management perspective
This is an expensive lesson in safety management for water sports.
Schools need to develop strict safety procedures including:
Stipulate the maximum ratio of students to each teacher in charge.
It is mandatory to have a professional lifeguard on duty at the swimming pool.
It is strictly forbidden to use the phone or perform private work during the supervision of students in the water.
Fully equipped with lifebuoys, rescue tools and first aid equipment.
Organize periodic rescue drills.
Install a camera system to monitor the entire swimming pool area.
Promulgate emergency response procedures in the event of drowning accidents.
Water safety must be managed by process and cannot depend on individual care.
Comprehensive solution of Expert Nguyen Huu Long
A serious crash in a school is not just an unintended incident, but a fierce test of accountability, the capacity for crisis management by school administrators, and the rigors of the school safety legal corridor.
Saving lives is an order, transparency is a principle: When a tragedy occurs, all resources must be focused on rescuing and accompanying the pain of the victim’s family. However, an independent and serious judicial process must be operated immediately. The blockade of the scene, the collection of physical evidence, and the extraction of camera data are not to exert pressure, but to protect the truth. The school must be brave to confront, providing honest information to families and investigators instead of seeking to assuage public opinion or push responsibility between departments—evasive behavior only exacerbates the crisis of trust and deepens the pain of those who remain.
Change the mindset of sports safety management: Don’t wait until blood is spilled on the training field to be startled to look back at the process. The entire education sector needs to look directly at these tragedies to shift from a consequential mindset to a proactive prevention mindset. The tightening of technical regulations of sports equipment, monitoring the density of students on the field and improving the professional protection of physical education teachers must be managed as a mandatory set of criteria, with no room for generalization or compromise.