HomeMy WebLinkAboutP 103 HR - Alleged Employee Misconduct Twds a Student
POLICY P 103 HR
TITLE: ALLEGED EMPLOYEE MISCONDUCT TOWARD A STUDENT
Date Authorized: 30 April 2001
Last Revised: 16 July 2025 (Tier 1 Minor Housekeeping Edits)
Last Reviewed: 3 September 2024
COMMITMENT TO INDIGENOUS RIGHTS, HUMAN RIGHTS, AND EQUITY
The Board recognizes its responsibility to ensure that this policy and associated procedures promote
and protect Indigenous rights, human rights, and equity. The Board will strive to address and
eliminate discrimination and structural and systemic barriers for students, staff, and the community.
1.0 RATIONALE
To ensure that students have a safe learning and working environment which is free of any
employee interactions or interventions that are inappropriate, unwelcome, excessive, or
abusive by establishing that:
1.1 employee interventions and interactions which are 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 are 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 appropriate interactions and
interventions to prevent misconduct toward a student from occurring.
2.0 DEFINITIONS
Please refer to Appendix A for a full list of definitions of terms used in this policy.
3.0 GUIDING PRINCIPLES
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 has a responsibility to
-1- P 103 HR
prevent incidents of Misconduct Toward a Student.
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 The Board supports ongoing training for all employees to promote awareness of
effective and appropriate interventions with students.
SPECIFIC DIRECTIVES
3.4 This Policy applies to all staff employed by the District.
3.5 No staff shall engage in Misconduct Toward a Student.
3.6 The Director of Education is authorized to issue such procedures as may be necessary
to support this policy.
3.7 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 APPENDICES
Appendix A: Policy Definitions
5.0 REFERENCE DOCUMENTS
The Education Act, 1998, Section 171
Ontario Regulation 298
Ontario Human Rights Code
OCDSB Preventive Behavioural Intervention Continuum
OCDSB Procedure PR 542 HR - Alleged Employee Misconduct Toward a Student
OCSDB Procedure PR 605 SCO - Reporting Suspected Child Abuse and Neglect of a Student
under 16 Years of Age
-2- P 103 HR
APPENDIX A: POLICY DEFINITIONS
In this policy,
Board means the Board of Trustees.
District means the Ottawa-Carleton District School Board.
Harassment means a pattern of Misconduct Toward a Student. In some circumstances, a singular
incident may be recognized as Harassment, depending on the nature of the comment or conduct.
Code-based Harassment is Harassment based on a Protected Ground. If a person does not explicitly
object to harassing behaviour, or appears to be going along with it, this does not mean that the
behaviour is okay. The behaviour could still be considered Harassment. Examples of Harassment
include:
a) epithets, remarks, jokes, or innuendos related to a person who identified with a
Protected Ground;
b) posting or circulating offensive pictures, graffiti, or materials, whether in print form
or via e-mail or other electronic means related to a Protected Ground;
c) singling out a person for humiliating, demeaning “teasing”, or jokes because of a
Protected Ground;
d) comments ridiculing a person because of characteristics that are related to a
Protected Ground. For example, this could include comments about a person’s
dress, speech or other practices that may be related to their sex, race, gender
identity or creed.
Misconduct Toward a Student is an interaction or intervention by an employee that causes harm to
a student or creates a risk of harm to a student and that the employee knows or should know is
inappropriate, unwelcome, excessive, or abusive. This includes, but is not limited to:
a. Physical harm, which includes actions like grabbing, poking, pushing, or pulling. For clarity,
physical harm can occur even if a student is not bruised or injured.
b. Sexual harm, which includes advances, requests for sexual favours, actual sexual contact, or
any other sexual behaviour impacting a student. For clarity, this also includes sexualized
comments, gestures, or actions.
c. Emotional harm, which includes behaviour that damages a student’s mental well-being,
psychological state, or self-esteem, such as insulting, humiliating, rejecting, isolating,
intimidating, or exploiting a student. For clarity, inappropriate personal relationships with
students are included within the scope of emotional harm.
-3- P 103 HR
d. Academic harm, which includes unwarranted negative impacts on a student's academic
progress, performance, or learning experience.
e. Where an employee is a Teacher or an Early Childhood Educator, any conduct impacting one
or more students in a manner that would constitute professional misconduct under the Ontario
College of Teachers Act or the Early Childhood Educators Act, respectively.
-4- P 103 HR