Policy Flashcards
When is practising the profession while adversely affected by a dysfunction considered to be professional misconduct?
- When the member knows or ought to know it impairs the member’s ability to practise, and
- When treatment has previously been recommended, ordered or prescribed but the member has failed to follow the treatment
What should a student be doing who is on suspension for more than five days?
Must be offered a program
May need a re-entry meeting depending on the length of the suspension
What is harassment?
Conduct or comment towards someone that would reasonably be known to be unwelcome.
Example of workplace harassment: a group of teachers ignoring or snubbing a new leader
What laws do we need to take into account laws that govern release of personal information?
● Youth Criminal Justice Act (Cda)
● Personal Information Protection Act (Cda)
● Personal Health Information Act
If unsure, get legal advice.
True or false
Teachers who are qualified in P, J or I in a general subject area, can be assigned to a division or general subject area they are not qualified in.
True
You find out a teacher’s documentation of grades was falsely created - made up.
Knowingly falsified record keeping
This would be a case of professional misconduct because they have falsified a record. Find out why they did this, ensure it is true. Suggest that they have a union rep present.
Let them know that it is our duty to report cases of professional misconduct to the Ontario College of Teachers and help them understand why. Do this all while preserving their dignity, and with empathy. Try to understand what led to this and put supports in place so that it doesn’t happen again.
A teacher keeps showing up to school in clothing that as not in alignment with the school dress code.
Send a memo to all staff reminding them of the dress code. How dress relates to professional conduct.
If it doesn’t improve, have a conversation with the teacher. Invite them to have a union rep present. Document the discussion. Ask if the teacher read the memo and is aware of the dress code. Review the content of the code and them memo. Be clear what type of dress is expected and that further steps would need to be taken if it doesn’t change.
If it doesn’t change, this could be reported to the Ontario College of Teachers as a conduct that is unbecoming of a member.
What are teachers duties to report on student progress to Principal?
On request
At reporting periods
What must Principals let parents know or get their permission for?
Permission to perform any intelligence testing on students.
Report any neglect of duty or infraction of school rules to parents
Remind parent if they have not provided materials a student needs
How should staff deal with such behaviour?
May include: Identify the behaviour. Ask them to stop. Tell them why it is wrong or disrespectful Ask them to stop in the future
How do we respond to a workplace violence situation?
● Notify police or emergency responders for immediate assistance
● Follow procedures in plan
If you suspend a student what do you need to do?
Let parents or guardians know within 24 hours
Follow up with a letter that tells
- reason for suspension
- length of suspension
- information on the right to appeal
- supervisory officers contact info in case they have questions
- if it’s a long term suspension also need to provide information about the program to which they will be assigned
What are the four ethical standards?
Care
Respect
Trust
Integrity
Who is the designated tribunal to hear parent appeals about expulsions?
Child and family services board
What if a harassment problem can’t be resolved informally?
If it can’t be resolved informally, there are more formal procedures… would refer to the workplace harassment policy in the Ontario Workplace Health and Safety Act.
What do supervisors need to ensure workers know, related to workplace violence?
● How to summon immediate assistance (phone? Walkie How to report incidents
● How the employer will investigate
● Know, understand and be able to carry out any measures and procedures that are in place as part of the program (lockdown, hold and secure)
When can teachers not refuse to work?
Teachers cannot refuse work when a pupil’s life, health or safety is in imminent jeopardy.
True or false
The length of the school day cannot be reduced for a special education student
False
What do we do if someone is critically injured or killed?
If someone is critically injured or killed, see the guide for procedures
What are the steps of dealing with a harassment complaint?
Review the details of the incident or complaint
Investigate (including interviewing)
Decide if it’s workplace harassement
Report (including any corrective action being taken)
What are the four Achieving Excellence goals from Ministry?
Achieving excellence in instruction and student achievement
Ensuring equity
promoting well-being
Enhancing public confidence
What are the Principal’s responsibilities with respect to school council meetings?
Attend every meeting unless ill
Act as a resource person to the council, and help them obtain information including relevant policy, regulations and legislation
Consider all recommendations and let council know what actions are being taken in response to the recommendations
Name 2- 3 words related to the ethical standard of respect.
trust
honor emotional wellness
model respect for spiritual and cultural values
social justice
Someone discloses that a staff member has abused a student (verbally, physically, emotionally, sexually or psychologically). What do you do?
Speak to the teacher and tell them what has been reported. Hear their side of the story. Let them know that you have to send them home while you investigate. Check with Superintendent and P. to see if they should remain at home.
Investigate.
If there is evidence that it could be the case, report to the ONtario College of teachers, possibly the police, and possibly Child and Family Services (check), depending on the actual situation.
True or false:
A member who makes an adverse report about another member respecting suspected sexual abuse of a student by that other member does not need to provide him or her with a copy of the report or with any information about the report.
True
Who could harassment come from?
Harassment can come from parents as well (think of Heidi??) (e.g. given was parent not happy with grades making comments about teacher over social media.
Other teachers or staff
Students
If you have to disclose something about a person with a history of violent behaviour, what do you disclose?
● Who the person is
● What triggers you know of
● Additional history only if it helps understand specific risks
What responsibility does the Principal have to the Ministry?
Give them information they request regarding school instructional program or administration, and let superintendent know
A teacher has disclosed to you that a child shows signs of physical abuse. You tell the teacher it is their duty to report it to the Children’s Aid Society. They refuse.
How would this be different if it were a caretaker?
Let the teacher know that you’ll support them in making the call. Offer to do a mock call with them if they like. Ask them what their concerns are and try to alleviate them. Talk to them about their responsibility to the child. Tell them they can call to discuss first, without making a report, and they will receive guidance as to whether or not they have a case to report.
Remind them that it is considered professional misconduct not to report, and that will put me in a position where I have a duty to report them.
What does violent acts include and not include? (in general)
● Doesn’t include accidents - must be an intent to use physical force or threat
● Does include a bystander accidently getting hurt as a result of a violent act
What are some things that a safe school team should do?
- be aware of recent incidents of bullying and how they were addressed;
- compile resources for anti-bullying initiatives, and implement them;
- ensure that Safe Schools Incident Reporting Forms are accessible, well understood, and in use at your school.
Which Act governs workplace violence?
Occupational Health and Safety Act
What are the three duties of a teacher regarding students?
Responsible for
- instruction
- assessment
- behaviour
What does misrepresenting oneself mean?
Providing false information about qualifications, title or name to the college.
Counselling another member to misrepresent themselves.
A teacher is either:
- Failing to keep records as required by professional duties
- Failing to adequately supervise students under his/her supervision.
Talk with the teacher about their professional conduct.
Offer to have a union rep present.
Be clear about the expectations - and let them know that it falls under professional misconduct and that we have to report it. If they didn’t understand the expectations, be very clear about what is expected.
Document
Monitor
Report if it continues.
What is a student action plan?
When a student has been suspended for more than 5 days, and they agree to participate in a program for suspended students, an action plan is created in a meeting between student, school and board staff and parents where possible.
What actions should a Principal consider suspending for?
In consideration of mitigating and other factors?
Uttering a threat to inflict serious bodily harm to another person
Possessing alcohol or illegal drugs
Being under the influence of alcohol
Swearing at a teacher or another person in a position of authority
Committing an act of vandalism that causes extensive damage to school property
Bullying
Any Board policies regarding suspensions
What can the P assign to teachers?
Supervision
Job assignments
What is the reason for using progressive discipline?
Combines discipline with opportunities to continue their education. It allows Principals to choose consequences appropriate to students needs and behaviour.
It gives students opportunities to learn from the choices they made.
What did the Supreme court of Canada rule about teachers’ off duty conduct?
Teachers’ off-duty conduct, even when not directly related to students, is relevant to their suitability to teach.
You find out a teacher has misrepresented their qualificatons. They are teaching French, but don’t actually have FSL qualifications.
Investigate and likely report to the Ontario College of Teachers.
Consult with P and Super.
True of false. Failure to adequately supervise or protect a child could be considered physical abuse.
Yes if it’s consistent and intentional
What 3 things must the Board have in place, related to workplace violence?
Workplace policy
Risk assessment
Workplace program
What does professional misconduct include?
Mis... Failing to Releasing ... Abusing ... Practicing under... Contravening... Failing to... Failing to ... Signing or issuing ... Falsifying a... Contravening a law... An act or omission... Conduct... Failing to ... Failing to ...
1) Misrepresenting oneself
2) Failing to maintain the standards of the profession
3) Releasing or disclosing information about a student to a person other than the student or, if the student is a minor, the student’s parent or guardian.
4) Abusing a student:
verbally
physically
psychologically or emotionally
sexually
5) Practicing under negative substance or dysfunction
6) Contravening a term/condition in his /her certificate of qualification
7) Failing to keep records as required by professional duties
8) Failing to adequately supervise students under his/her supervision.
9) Signing or issuing a document that the member knows is false or misleading (in professional capacity)
10) Falsifying a record relating to the member’s professional responsibilities.
11) Contravening a law if that contravention puts a student at risk or allows a student to remain at risk
12) An act or omission that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional
13) Conduct unbecoming a member
14) Failing to comply with discipline
15) Failing to comply with the member’s duties under the Child and Family Services Act
What is the general responsibility of teaching members regarding use of social media?
Maintain professional boundaries.
What kind of complaints does the College of Teachers investigate?
Complaints must relate to alleged professional misconduct, incompetence or incapacity of a member of the teaching profession.
What are the categories of child abuse?
- physical abuse
- sexual abuse
- neglect
- emotional abuse
For an informal resolution to workplace harassment, what might admin suggest to the complainant?
confront the person harassing them and let them know that the behaviour is not acceptable and get a commitment to stop the behaviour
Inform alleged harasser of concern and let them know about the Board’s policy on harassment
Provide a copy of the workplace harassment policies and procedures, or other related board policies to the alleged harasser
What factors should we consider when deciding what to disclose about a person with a history of violence?
As a rule of thumb, don’t disclose any more information than is necessary to protect the worker. Factors to consider when deciding what to disclose:
● Was the violence (history) associated with work?
● Was it directed at a particular worker, or workers in general?
● How long ago did it happen?
● What measures are in place to protect against it happening?
What is caregiver incapacity?
substance abuse or mental health concerns that have an impact on a child’s safety or well-being
A suspension can be for actions at all these places:
At school
At a school-related activity
In other circumstances where engaging in the activity will gave an impact on school climate
What is considered to be child abuse?
“Abuse occurs when a child is hurt intentionally or when a parent or caregiver does not provide the protection a child needs.”
What Act governs workplace harassment?
Ontario Occupational Health and Safety Act
Is it ok if the member grooms a student but waits until a student graduates to have sexual relations?
No! Even if a member waits until the student has graduated before a sexual relationship occurs, the electronic communications with the student could result in findings of professional misconduct against the member.
When a principal receives a report from a staff member about student behaviour, what must he do?
- Investigate all incidents (listen, document)
- Determine what disciplinary action will be taken
- Use progressive discipline to determine appropriate consequences and supports (restorative consequences where possible)
- Inform the parents of the student who engaged in the behaviour
- If the behaviour negatively impacted another student, inform those parents as well
What are the 3 mitigating factors to consider in determining whether to suspend?
Pupil does not have the ability to control his or her behaviour
Pupil does not have the ability to understand the foreseeable consequences of his behaviour
The pupils continuing presence in the school does not create an unacceptable risk to others’ safety
Can a member of the teaching profession be held liable for a report?
No, as long as you have reasonable grounds and are not acting maliciously.
When meeting with students, what should members ensure?
- classroom and office doors are left open
- a third party is present or aware of the meeting
- the student is not physically isolated from other observers, for example, behind closed doors
- they are not alone with an individual student except in urgent or emergency circumstances.
What does every school have to have for identifying and reviewing student placements?
Every school needs to have an IPRC (Identification, Placement and Review Committee) for identifying and reviewing students and their placements.
What are some things that a teacher should not do related to sexual relations with students?
- make telephone calls of a personal nature
- send intimate letters to students
- sexualized dialogue over the internet
- sexual touching of any kind
- making suggestive comments
- dating students
True or False:
If the person committing the violent act doesn’t have the capacity to appreciate that their actions could cause harm, it is not considered to be workplace violence (e.g. physical violence due to medical condition is still workplace violence)
False - it is still workplace violence
Other than the family and the Superintendent, who else might the Principal need to call when a misbehaviour has occurred?
Sometimes the police
Sometimes, Children’s Aid Society (if it is a duty to report situation)
Who decides whether a behaviour constitutes professional misconduct?
The Ontario College of teachers Discipline Committee makes this decision based on the definitions in the professional misconduct advisories.
If members are complained against, who should they contact?
Should consider contacting their lawyer and their federation.
What are some examples of emotional abuse?
yelling, ignoring, rejecting, demeaning, isolating or exposing the child to domestic violence
When does a re-entry meeting need to be held?
Why?
After a long term suspension
To make the transition back easier
Identify any extra academic or other positive supports to promote positive behaviour
Community agencies that have been working with the student are also encouraged to attend
What student behaviours could be considered harassment? What are the consequences?
Bullying (which may include harassment) 1-20 days and police might be notified
Racial harassment 1-20 days and police might be notified
If a member has reason to suspect sexual abuse of a student, who do they have duty to contact?
One or more of the following: - child and family services - police - the employer and - the Ontario College of Teachers.
What are the things to remember about duty to report suspicions of child abuse?
Duty to report is:
- immediate
- direct (someone else can’t do it for you)
- ongoing - if new information arises, call again
- overrrides student’s confidence (e.g. if they told you in confidence)
- report, not investigate
Document your actions.
If in doubt, call and ask. Then decide whether to report.
When are behaviours under a 306 suspension a mandatory suspension?
If the actions are motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identity, gender expression, or any other similar factor
You find out a teacher has given a child a grade on a report card that they did not earn, because they were worried about the fact that they had not contacted parents about the student’s progress.
Signed or created a document they know is false.
This would be a case of professional misconduct because they have signed and issued a document that they know is false.
I would consult with the Principal and possibly Superintendent about the best course of action. We would speak with the teacher to find out their side of the story and ask to look at their record keeping. Get clarity about the situation. Offer to have union rep present.
If it does turn out to be professional misconduct, we would need to report to the College of Teachers, but at the same time, find out how we can support the teacher to improve.
We would also need to deal with the inaccurate report card. We could simply tell parents that there had been an error on the report card and need to make a change. Explain why the child is receiving that grade, like should have been done in the first place.
Intention would be to ensure that the teacher realizes the seriousness of this action and the impact on our profession. At the same time, maintain positive relationships with the teacher and keep the school reputation and relationships with the community strong.
What is considered long term suspension?
A suspension over 5 days
What must Principal do in relation to building maintenance?
Inspect the building and grounds weekly and let board know if anything needs repair.
Let board know about any lack of attention by a building maintenance staff.
Let board know about any parent who has not paid to replace a broken item that their child is responsible for, given enough time and reminders.
What is the rule of thumb for teachers sharing information in an online environment?
Members should never share information with students in any environment that they would not willingly and appropriately share in a school or school-related setting or in the community
What must a workplace program include?
● How to control risks
● What to do to summon assistance when workplace violence is likely to occur
● How to report
● How to investigate
When is the release or disclosure of information about a student not an act of professional misconduct?
- the student (or if the student is a minor, the student’s parent or guardian) consents to the release or disclosure, or
- if the release or disclosure is required or allowed by law (i.e. duty to report sexual or physical abuse)
How does professional use of technology relate to the Ministry goals?
Maintaining professional boundaries in all forms of communication, technology-related or not, is vital to maintaining the public trust in education.
What information must be shared with a parent or guardian of a student who behaved inappropriately?
What information can the Principal not provide?
The principal must tell parents or guardians
about:
• the incident
• the nature of the harm to the other student
• any disciplinary measures taken in response
to the incident
• the supports that will be provided for their
child in response to the incident.
The principal cannot name or provide information about the student who was harmed by the incident.
Name 2- 3 words related to the ethical standard of care.
empathy
compassion
acceptance
Where do we find the procedure for parent appeals to suspensions?
Student behaviour, discipline and safety regulation
You find out a teacher who was driving students to a sports event put an extra student in the back seat and they didn’t have a seat belt for.
This might be a case of professional misconduct because the teacher is contravening a law that puts the student’s safety at risk.
Consult with Principal and Superintendent.
I would discuss with teacher, with union rep present, and make a report to the College of Teachers about the teacher’s conduct.
Would also need to think about how to deal with the parents and the negative role modeling that the students witnessed. Be proactive and call parents to let them know that you are aware of the situation and have dealt with it in the proper manner.
What behaviours are not allowed and must be dealt with by staff?
Examples of inappropriate and disrespectful
behaviour include racist, sexual, sexist or
homophobic comments, slurs and jokes or
graffiti, as well as those activities and behaviours
outlined on page 3 that can lead to suspension
or expulsion.
(these are comments, not as severe as harassment, although harassment can be a one time occurrence)
