EDUC 5023

Legal Aspects

Policy 701 - Key Points

1. This policy is normally referred to as the Pupil Protection Policy.

2. This policy protects against abusive behaviour by adults, including

Physical, Sexual, and Emotional abuse and Discrimination.

3 The adults that Policy 701 applies to include: contract employees, casuals,

student teachers, and volunteers

4. This procedures of this policy apply when a pupil is the responsibility of the

school system and when an adult affiliated with the school system abuses any

child, whether the child is in the public school system or not regardless of

involvement of external agencies.

5. Under this policy there are three categories of behaviour discussed. They are

abusive behaviour, misconduct and inappropriate behaviour management.

6. The most serious category abusive behaviour, deals with illegal actions

that include: breach of the Family Services Act, offenses under the Criminal

Code, and discrimination under the Human Rights Act.

7. The required action when dealing with category I infractions is to a) report the

behaviour to the principal or designated person as soon as possible, b) verify

that Child Protection Services have been notified.

8. Examples of behaviour for the second category include behaviour considered

offensive or insulting exceeding reasonable limits of discipline, behaviour

which creates a hostile or offensive atmosphere, staring, perceivable to an

observer, at genitals, breast or buttocks, making sexual gestures or

inappropriate comments or jokes, or attempting to pursue, isolate or see pupils

individually without a valid reason.

9. Who determines inappropriateness for the second category?

Educational supervisors in the public school system, more specifically the Superintendent or Principal.

10. The third category, inappropriate behaviour management is defined as

The use of approaches to dealing with pupils or behaviour that are

counterproductive to learning.

11. Examples of behaviour for the third category include: personal attacks on

pupils’ character rather than their behaviour, continuous use of sarcasm,

undue, non-constructive criticism in dealing with pupils, and habitual

uncontrolled temper.

12. List some behaviours that are not considered inappropriate under category

three.

Normal work or achievement evaluations and disciplinary measures taken for

valid reasons which are consistent with the Education Act, physical force or

restraint not exceeding that required for the protection of an orderly learning

environment, personal safety, the protection of others or the protection of

school property, compliments which respect an individuals dignity, patting the

back, holding the hand, hugging to comfort a pupil as appropriate to the

situation and the physical or developmental age of the child, and assisting with

toileting or personal care to the extent that a pupil is not able to perform these

tasks without assistance.

13. In order to prevent any of the above misbehaviours, the policy requires that

hiring committees carry out screening practices.

14. Another form of protection is the requirement for schools to ensure

reasonable efforts are made to secure the school environment, and monitor

access to school buildings.

15. How does the complaint process differ between categories I & II infractions,

and category III infractions? The superintendent is involved in the information

gathering and decision making processes.

16. Who is ultimately responsible for investigations and disciplinary actions

related to the school system? The superintendent.

17. Who is responsible for the functioning of the centre of responsibility?

The principal.

18. The employer must act on all complaints, even if they come from a/an

anonymous source.

19. All category I and II complaints must be documented using the

Complaint Summary form.

20. Section 30 of the Family Services Act require adults in the school system “

who has information causing him/her to suspect that a child has been

abandoned, deserted, physically or emotionally neglected, physically or

sexually ill treated or otherwise abused shall inform the Minister (Child

Protection Services) of the situation without delay”.

21. What differences are there in the reporting of infractions for the three

categories in this policy?

Category I – report goes to the Principal/designate AND Child Protection

AND the Superintendent.

Category II – Report goes to the Principal and Superintendent

Category III - Report goes to the respondent and Principal

22. What determines the right for the respondent to know about a complaint

against him or her? When external legal agencies are involved they

determine the timing for informing the respondent. Otherwise, the respondent

will be informed when the investigation is launched AT THE LATEST.

23. What is the role of the investigative team? The investigation team acts

independently or jointly with the external agencies to pursue complaints as

quickly as possible while respecting the potential sensitivity of individual

situations and investigations conducted by external agencies. At the

conclusion of the investigation, the team shall provide a written report to the

superintendent. The report shall summarize the procedure used for the

investigation, detail the events, recommend a course of action and include

any preventative steps which could be put in place.

24. How does this policy deal with adult behaviour external to the school system?

Any person who becomes aware that an adult who is in contact with pupils in

the public school system has been charged with any violent crime or crime

against a child shall immediately inform the superintendent of the appropriate

school district.

25. How are category III issues usually resolved? Using the normal procedures

within the school.

26. What behaviour leads to an automatic dismissal? All instances where an

employee has asexual relationship with a pupil or sexually abuses a pupil.

27. What protections does this policy provide against false or malicious reports?

The policy sets a confidential investigation in motion to determine the

respondent’s innocence or guilt. In the case of innocence, it provides for the

filing of an official report in the teacher permanent employment record.

Disciplinary actions are outlined for any person who falsely or with malicious

intent or otherwise in bad faith makes a complaint under this policy