1) What is the purpose of policy 701?

To protect pupils in the public school system from abusive behaviour by adults to which they may be exposed by virtue of being pupils including physical, sexual and emotional abuse and discrimination. To eliminate abusive behaviours through prevention and effective intervention. To define acceptable standards of behaviour for adults who have responsibility for pupils in the public school system.

2) To whom does this policy apply? (what adults? &  what children?)

This policy applies to all adults whose job or role places them in contact with pupils. They are thereby deemed to have conferred upon them a position of trust in relation to all pupils. This includes all employees in the school system, contract employees and casuals, as well as student teachers and volunteers.

3) How does a person in authority differentiate between a) abuse and misconduct, and
    b) misconduct and inappropriate behaviour management?

Judgements concerning the acceptability or classification of a behaviour will not rest with any one individual but will be weighed in the light of accepted professional standards.

Abuse:

a) discriminatory behaviour prohibited by the New Brunswick Human Rights Act;

b) behaviour of a sexual nature with pupils such as: making or accepting sexual advances or invitations, asking for a date, touching inappropriately or having a sexual relationship

c) any behaviour which is considered physical, sexual or emotional abuse or neglect of a child whether or not the child is a pupil in the public school system.

Misconduct:

a) behaviour which would objectively be considered offensive or insulting, exceeding reasonable limits of discipline. This includes comments, conduct or displays which demean, belittle, or cause unfair disadvantage that were reported under Category III and have remained unremedied after normal intervention by supervisors

b) behaviour which may not necessarily be directed at anyone in particular but creates a hostile or offensive atmosphere

c) staring, perceivable to an observer, at genitals, breasts or buttocks, making sexual gestures or inappropriate comments or jokes

d) attempting to pursue, isolate or see pupils individually without valid reason.

Innappropriate Begaviour Management:

a) personal attacks on pupils' characters rather than dealing with their behaviour

b) continuous use of sarcasm

c) undue, non-constructive criticism in dealing with pupils

d) habitual uncontrolled temper.

4) Does policy 701 place unnecessary limits on a teachers’ ability 

    to control the classroom?

This policy, when taken in conjunction with policy 703  -  the Positive Learning Environment Policy,  provides for reasonable, enforceable guidelines to deal with most situations that might disrupt the learning environment. Actions taken beyond those provided for in policy 703, are generally accepted as unnacceptable for school personnel.

5) What limitations does 701 place upon employee screening practices?

School district offices must establish procedures to ensure proper reference checks are carried out for all persons who act on their behalf in the school system including volunteers who have unsupervised access to children.

Applicants will not be considered for employment in the New Brunswick public school system if:

a) pending or past disciplinary actions by previous employers or supervisors call into question the individual's suitability for being in contact with pupils

b) there are previous convictions for violent crimes or crimes against children

c) there are previous charges related to violent crimes or crimes against children which did not result in conviction solely as a result of technical reasons stated in the court decision.

6) Draw a chart showing the steps taken when a complaint is lodged for a category I or
    category II situation.

7) How are false or malicious complaints dealt with?

A complaint under this policy that involves falsehood or malicious intent or is otherwise made in bad faith, as determined by the investigation, shall be subject to appropriate disciplinary action up to and including suspension in the case of pupils, dismissal of employees or banning from school premises in the case of parents and volunteers. Disciplinary action taken by the school system does not preclude the respondent from pursuing civil action.