The ministers assure that no one will punish the directors of educational institutions, but unnecessarily: for what and what does he threaten them?

After Veryga approved the decisions on measures in general, vocational education, non-formal education and higher education, his colleague in the Government said that the decisions could be adapted differently, only sensibly.

“The requirements that are a prerequisite are an attempt to minimize risks. Protect yourself as much as possible, but do so rationally and wisely.

Certainly there will be no penalties for administrators if they change the requirements and adapt wisely, according to existing conditions. And there will be discussions, consultations with the health office, the founder, how to do it ”, said the Minister of Education, Science and Sports.

Minister of Education: I don’t believe in total negligence

Later he clarified his point a bit and assured that at least the total negligence of the directors of educational institutions would be appreciated.

“I imagine that we can appreciate some kind of complete negligence, total disregard for those recommendations. We should not stray from such things if there were, but I doubt that I even believed that there could be such neglect in our educational community.

Therefore, we must not speak of sanctions, punishments, we must speak of rational concentration and everyone, health professionals and school leaders, teachers, parents, students, must seriously think about how we should study, teach and organize those activities that are of very important at school – Non-formal education activities are extremely important, many children need educational help, ”taught A. Monkevičius.

A.Veryga, the chief of emergency operations, who approved the decisions on procedures at the schools, spoke in a similar way. The fact that educational institutions comply with the decisions made by them will not be controlled by anyone, and there is no point in sanctioning anyone.

We don’t really plan special inspections.

“We don’t really plan special inspections. There are around 1,5 thousand educational institutions, if I’m not mistaken, let’s imagine how many people it would take here to conduct and inspect those institutions.

There are requirements that are prepared, that have been distributed, now the main job is simply to explain them so that everyone understands them equally ”, commented the Minister.

Minister of Health: The objective is to provide advice

According to him, so that the flow of students mix as little as possible, that the premises be ventilated, that surfaces are disinfected, that masks are used when necessary, etc., consultation with municipal administrations and professionals of the Health.

“Directors of educational institutions really shouldn’t feel intimidated and scared, because when we communicated, their main fear was that someone would punish them. This goal is not to punish executives in any way. Once again, we can reiterate that the objective is to consult and advise them ”, assured A. Veryga.

And the objective, apparently noble, but of the ministerial rumors that no one will punish those responsible for educational institutions, does not absolve them of responsibility if they do not follow the decisions of the operations manager, and the coronavirus spreads in their institutions by inaction.

Dovilė Murauskienė, a senior lawyer at Glimstedt law firm, noted that the Chief of Operations, Minister A.Veryga, made a total of six decisions focusing on the activities of educational institutions and the COVID-19 preventive measures in them.

The Minister instructed the directors of educational institutions:

1. implement decisions related to the preparation of the facilities of educational institutions, the acquisition of additional equipment, the creation of the necessary infrastructure and the like;
2. to meet the requirements: not to organize events involving more than one group of children, to create conditions to control the body temperature of staff and students, to ensure that, for example, parents do not send children to an institution educational outside of it, etc.

Obligation to apply to the NVSC

“The requirements for heads of higher education institutions are even higher, especially for foreigners who have come to Lithuania to study according to exchange programs.

The operations manager’s decision establishes that the educational institution has the duty not only to provide isolation facilities for said student, but also to supervise their compliance with the isolation requirements, to make the necessary arrangements for said person to be subjected to the test COVID-19, etc. ”D .Murauskiene.

The decisions, he said, also discussed what the director of an educational institution should do if he learns that a coronavirus has been detected in an employee or student of an institution under his management.

“In this case, you should immediately contact the NVSC, with whom you have a duty to cooperate in the investigation of the specific case, and take all necessary preventive measures to prevent the spread of the virus,” explained the lawyer.

In summary, A.Veryga established many requirements for those responsible for educational institutions in their decisions, but did not mention the responsibility of what would happen if no one complied with them, and COVID-19 spreads in any educational institution.

Non-compliance – legal liability

However, the requirements discussed in the decisions are binding for both companies and individuals, derived from public law. Compliance with these requirements is guaranteed by the application of legal responsibility ”, said Mr. Murauskienė.

The requirements are mandatory.

In the first place, he emphasized, both those responsible for educational institutions as well as staff and students and their families are obliged to report on the possible case of the COVID-19 virus and to cooperate with the NVSC in the investigation of a specific case and provide all detailed information about it.

“Such obligation is provided for both in the decisions of the Chief of Operations and in the Law on Prevention and Control of Communicable Diseases of Humans.

Paragraph 5 of article 4 of this Law establishes that the persons who have not presented all the information required on the objects of the epidemiological registry or have not provided it, or have violated the procedure established for the transmission of this information, will be responsible according to with the law.

This is especially true for people who work with children in educational institutions, who, in accordance with article 36 (1) (1) of said law, must immediately cease their work on their own initiative if they suspect a dangerous or particularly contagious disease dangerous or are carriers of the agent. and appeal to the family a doctor or a personal health care specialist, ”said the attorney.

Offenses: fine of up to 6,000 euros

If COVID-19 were to spread to a specific institution and it was established that it was caused by non-compliance with the decisions of the operations manager, the inadequate organization and control of work and security measures, the person in charge of the educational institution would be responsible for this, said D. Murauskienė.

It probably wouldn’t avoid a fine.

“It could be subject to administrative liability under article 45 of the Code of Administrative Offenses.

This article provides for administrative responsibility for violations of regulations or decisions of the European Union in the field of public health, hygiene regulations or other public health legislation, The requirements of the Law of the Republic of Lithuania on the prevention and control of communicable diseases of human beings.

This offense, committed during quarantine or during an emergency, is recognized as especially serious and can result in a fine of up to 1,500 euros for a natural person and up to 6,000 euros for the head of a legal person or another person in charge “, commented the attorney.

This violation is recognized as particularly dangerous.

In this case, the head of the educational institution, who did not follow the decisions of the operations manager, would also face administrative responsibility as head of the legal entity, said D. Murauskienė.

Punished, allegedly by the police or NVSC

And who could investigate or punish violations in educational institutions?

The lawyer indicated that this should probably be done by the NVSC or the police, but other institutions could also do it.

“Many institutions – Military Police, Police, Public Security Service, State Border Guard Service, Municipal Administrations, State Food and Veterinary Services, NVSC, State Service for the Protection of Consumer Rights – may impose administrative sanctions for non-compliance with the requirements established during quarantine.

However, in the case of the responsibility of the heads of educational institutions, it is most likely that the officials of the National Center for Public Health or the police will conduct such investigations and impose sanctions, “said the lawyer.

Injured persons have the right to request compensation for pecuniary and non-pecuniary damage.

He added that in the event of the spread of COVID-19 in an educational establishment, victims could claim damages: “In the event of the spread (or inaction) of the COVID-19 virus in a particular establishment as a consequence of the head of the educational establishment, and compensation for moral damage in accordance with the procedure established by the Law on Prevention and Control of Communicable Diseases of the People of the Republic of Lithuania ”.

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