HomeMy WebLinkAboutP 103 HR - Alleged Employee Misconduct Twds a Student
-1- P.103.HR
POLICY P.103.HR
TITLE: ALLEGED EMPLOYEE MISCONDUCT TOWARD A STUDENT
Date issued: 30 April 2001
Last revised:
Authorization: Board: 23 April 2001
1.0 OBJECTIVE
To ensure that students, and employees have a safe learning and working environment which
is free of any employee interactions or interventions which may be deemed inappropriate,
unwanted, excessive or abusive by establishing that:
1.1 employee interventions and interactions which are deemed to be inappropriate,
unwanted, excessive or abusive are not tolerated anywhere within the Board’s
jurisdiction;
1.2 formal procedures are in place to ensure students and employees have timely access to
a process when an allegation of employee misconduct is raised;
1.3 collaborative working relationships be established with the Children’s Aid Society of
Ottawa and Ottawa Police Services to assist in matters of employee misconduct that fall
within their jurisdiction,
1.4 measures are in place to promote employee awareness of and appropriate interactions
and interventions to prevent incidents from occurring.
2.0 DEFINITIONS
2.1 For the purposes of this policy, employee misconduct is defined, along a continuum of
interactions/interventions that are deemed by the student/parent or guardian to be
inappropriate, unwanted, excessive or abusive and includes, but not limited to:
a) physical misconduct including grabbing, poking, pushing or pulling with
physical contact, other forms of physical contact, within disciplinary sequences,
not covered within the guidelines contained in the OCDSB Preventative
Behavioural Intervention Continuum, and also including more serious allegations
of physical contact that causes bruising and injury and falls within the definition of
child abuse as defined in 2.2 below;
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b) sexual misconduct, including advances, requests for sexual favours, actual
sexual contact, or other conduct of a sexual nature including personally offensive
behaviour, comments and/or gestures which might reasonably be expected to
cause insecurity, discomfort, offence or humiliation to another person or group
and interferes with a student’s safe learning environment;
c) emotional harm or neglect based on power and control. Emotional abuse
involves an attack on the child’s sense of self and usually co-exists with other
types of abuse. Insulting, humiliating or rejecting a child or saying a child is
“stupid” or “bad”, can harm a child’s sense of self -worth and confidence. Other
forms of emotional abuse include social isolation, intimidation, and exploitation.
2.2 For purposes of this policy, child abuse means a condition, on the part of a
complainant, of physical harm, sexual molestation, exploitation or assault, and/or
emotional harm, including but not limited to verbal or psychological abuse which causes
emotional harm. These serious forms of abuse are reportable to the Children's Aid
Society of Ottawa in compliance with the mandatory reporting requirements as outlined
in Board Procedure PR.605.SCO: Reporting Suspected Child Abuse and Neglect -
Student Under 16 Years of Age.
3.0 POLICY
3.1 The Board recognizes the principle that all students shall be able to learn in a safe
environment and acknowledges and accepts that the Board's has responsibility to
prevent incidents of inappropriate employee interactions and interventions in dealing
with students.
3.2 The Board further recognizes that a mechanism must be in place that affords all
employees a process that reflects due process, and a full, fair and timely resolution of
allegations of misconduct.
3.3 It is the commitment of the Board that this Policy applies to all levels of staff employed
by the Board.
3.4 The Board supports ongoing training for all employees to promote awareness of
effective and appropriate interventions with students.
3.5 The Director of Education is authorized to issue such procedures as may be neces sary
to support this policy.
3.6 The Director of Education is responsible for ensuring that all students, staff and school
councils are aware of:
a) the issues addressed by this policy;
b) the existence of this policy; and
c) the existence of supporting procedures issued under this policy.
4.0 REFERENCE DOCUMENTS
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The Education Act, 1998, Section 171 and Ontario Regulation 298
Human Rights Code of Ontario
OCDSB Preventive Behavioural Intervention Continuum
Board Procedure PR.542.HR: Alleged Employee Misconduct Toward a Student
Board Procedure PR.605.SCO: Reporting Suspected Child Abuse and Neglect of a Student
under 16 Years of Age
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