Administrative Procedure 405: Allegations Against Employees and Volunteers

1.1 This administrative procedure has been established to support the duty of care that the Director of Education and superintendents, principals, supervisors and staff members have to protect all students in their care.

1.2 The Director of Education and designates, in turn, have a responsibility to provide all staff members with fair treatment and a careful and impartial review of circumstances when allegations come forward.

1.3 This procedure is meant to apply in any circumstances where an allegation or suspicion exists that a student has been abused, assaulted or mistreated by an employee of Avon Maitland District School Board.

1.4 It is understood that a volunteer is a person who serves without remuneration from the board. This procedure applies to volunteers.

1.5 This procedure does not define the conduct which may initiate the steps required in this procedure.

1.6 This procedure describes a process of inquiry, consultation and decision-making designed to meet legal requirements while also placing appropriate emphasis on the safety and well-being of students and staff members.

2.1 The Child and Family Services Act imposes an obligation on an individual who has reasonable grounds to suspect that a child is in need of protection to forthwith report the suspicion and the information upon which the suspicion is based to a society. Section 37(2) of the Act defines when a child is in need of protection, and section 72, which sets out the duty to report, incorporates the circumstances defined in Section 37. Refer to AP 346 Children in Need of Protection.

3.1 Step One: Reporting

3.1.1 An initiating incident occurs when a staff member or volunteer is suspected of conduct which places a child in need of protection (e.g. to have abused, assaulted or mistreated a student). Most frequently, this allegation will be disclosed or come forward to the Principal/Supervisor or designate.

3.1.2 The person who has reasonable grounds to believe that a staff member’s conduct places a child under the age of 16 (or who was under the age of 16 at the time the alleged incident took place) in need of protection must exercise their personal responsibility to report forthwith to the Children’s Aid Society in the area in which the child normally resides, When the student is 16 years of age or older, the person who has reasonable grounds to believe that a staff member has abused, assaulted, or mistreated a student (or students) must inform the Principal or Supervisor, who will inform their School Superintendent. It is not the staff member’s, principal's/supervisor's or designate’s responsibility to prove that the student has been abused, assaulted or mistreated. Alleged victims over the age of 16 should be encouraged to contact the police. Should an alleged victim over the age of 16 give consent, police may be contacted by the school principal.

3.1.3 When a report is made to a society, the Principal or Supervisor must be notified immediately that a report has been made and the Principal or Supervisor must notify the School Superintendent or designate. In situations where a report is made about a principal or supervisor, the Superintendent of (HRS) or Senior Human Resource Services (HRS) Manager will be directly notified. Where the Superintendent of HRS or Senior HRS Manager are not readily available, the Director or designate must be notified. All action taken with respect to a report shall be documented.

3.1.4 A person who has made a report to the Principal or Supervisor and is not satisfied that appropriate action has been taken, may contact the Superintendent of HRS or designate directly.

3.1.5 The Principal/Supervisor or designate must not investigate or interview the alleged victim, witnesses, staff or other students. The Children’s Aid Society worker has primary responsibility for the protection of the child and the investigation of the alleged abuse under the Child and Family Services Act if the alleged victim is under the age of 16 (or was under the age of 16 at the time of the alleged incident). A police officer has primary responsibility for investigation of the alleged offence under the Criminal Code of Canada.

3.1.6 The Director of Education will undertake to ensure the safety of any alleged or potential victims through whatever means are deemed appropriate. The Director may remove the staff member from the school setting and/or suspend the staff member with or without pay pending the outcome of the investigation conducted by the Director or designate.

3.1.7 Under the Student Protection Act, 2002 the Director must remove a teacher or temporary teacher from the classroom, and from duties involving contact with pupils if they are charged with or convicted of an offence under the Criminal Code involving sexual conduct and minors, or any other offence which in the opinion of the Director indicates that students may be at risk.

3.1.8 Avon Maitland District School Board and its staff members will cooperate fully with the Children’s Aid Society and the Police during any investigation, and will provide access to relevant information, except as prohibited by law.

3.2 Step Two: Advise the Staff Member

3.2.1 Section 18(1)(b) of Regulation Made Under the Teaching Profession Act requires that a member making an adverse report about another member must furnish that member with a written statement of the report at the earliest possible time and not later than three days after making the report. Every effort will be made to enable staff members to meet this obligation. However, until permission is received from either the Police or the Children’s Aid Society, the staff member whose behaviour has been reported must NOT be contacted regarding the allegation or disclosure. This is to ensure that the rights of potential victims and the accused person(s) are protected and to prevent possible destruction of evidence.

3.2.2 Notwithstanding Section 18 (1)(b) of Regulation Made Under the Teaching Profession Act, Section 12 (2) of the Teaching Profession Act states that a staff member who makes an adverse report about another member respecting suspected sexual abuse of a student by that other member need not provide them with a copy of the report or with any other information about the report. This is to ensure that the rights of potential victims and the accused person(s) are protected and to prevent possible destruction of evidence.

3.2.3 Once permission is given by either the Police or the Children’s Aid Society, and following consultation with the Superintendent of HRS or designate, the Principal/Supervisor or designate shall advise the staff member, and, with the approval of the staff member, the union representative where one exists, that an allegation of abuse, assault, or misconduct has been made.

3.2.4 Under no circumstances shall the Principal/Supervisor or designate disclose the complainant's identity or the nature of the allegations to the staff member without the express consent of the Children’s Aid Society intake worker, the Police Officer, or the Superintendent of HRS or designate.

3.3 Step Three: Formal Investigation by the Director or Designate

3.3.1 It is the responsibility of the Director of Education, on behalf of the board, to determine whether there are grounds for concern under the administrative procedures or practices of Avon Maitland District School Board, the Education Act, or other legislation. This does not preclude that other third-party investigations may be undertaken.

3.3.2 Where a situation involving a staff member is reported to the Children’s Aid Society or the Police, the Superintendent of HRS or designate shall review the matter to determine if the staff member needs to be removed from the school setting and/or suspended with or without pay pending the outcome of any investigations by a third party (e.g. Children’s Aid Society or Police), and/or the Director or designate.

 

3.3.3 If a decision has been made to proceed with a formal investigation by the Director or designate, the staff member shall be advised immediately by the Principal, with the support of the School Superintendent or Superintendent of HRS. The staff member will be informed of the general investigation process and advised of the staff member who will be involved on the board’s behalf in the investigation. The involvement of any external parties, as may be required, will also be addressed to the greatest extent possible.

3.3.4 The staff member will be informed that they have the right to have union representation present at any meetings conducted during the course of the investigation of the allegation. This includes situations where staff members inform their supervisor about an allegation which may potentially come forward.

3.3.5 In the course of the investigation, the Superintendent of HRS or designate shall meet with the staff member. The specifics of the allegations shall be disclosed and the staff member shall be provided with an opportunity to respond to those allegations. If, following a formal investigation by the Director or designate, the incident of alleged abuse, assault, or mistreatment is not substantiated, the Superintendent of HRS will indicate this in writing with a letter of closure to the staff member and to their Principal/Supervisor. No copy of this letter will be placed in the employee’s personnel file.

3.3.6 If, following a formal investigation, it is determined that discipline, up to and including dismissal, of an employee is warranted, the Superintendent of HRS shall initiate such action in accordance with AP 406 Progressive Discipline - Staff.

3.3.7 Principal/Supervisors and staff members shall not communicate with other students, other staff members, other parents or the community about the disclosure, or criminal charges.