Eadm 14 310 072 R&Rs

EADM© 2007

W. R. Dolmage

EADM 310EADM 310

Teachers’Teachers’

Roles and Responsibilities:Roles and Responsibilities:

Some You May Not Have Some You May Not Have ConsideredConsidered

Teachers’Teachers’

Roles and Responsibilities:Roles and Responsibilities:

Some You May Not Have Some You May Not Have ConsideredConsidered

EADM© 2007

W. R. Dolmage

STF Code of EthicsSTF Code of Ethics

1. Commitment to the Student

2. Commitment to the Employer

3. Commitment to the Professiona) To conduct one’s self at all times so that no dishonour befalls the

individual teacher or the teaching profession.

c) To make valid criticism of an associate only to appropriate officials, and then only after the associate has been informed of the nature of the criticism.

4. Commitment to the Community

1. Commitment to the Student

2. Commitment to the Employer

3. Commitment to the Professiona) To conduct one’s self at all times so that no dishonour befalls the

individual teacher or the teaching profession.

c) To make valid criticism of an associate only to appropriate officials, and then only after the associate has been informed of the nature of the criticism.

4. Commitment to the Community

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W. R. Dolmage

Administering MedicationAdministering Medication

First!Teachers, in general, should not dispense medication to students without parental permission. There are, obviously, some reasonable exceptions.

The Great Debate: There is currently a controversy concerning whether teachers can be required to dispense medications to students

many teachers and their Federations argue that administering medications is not a legitimate part of the teacher’s job description—teachers should refuse to do it. The STF’s legal council argues that this is a legally sound position.

Others (e.g., Prof. W. Foster of McGill Law School) argue that administering medication may be viewed as a necessary to the function of the public school and might legitimately fall to its “frontline” employees, the teachers; it is seen as not unlike noon hour supervision, which has been found to be implicit in the job of the teacher.

First!Teachers, in general, should not dispense medication to students without parental permission. There are, obviously, some reasonable exceptions.

The Great Debate: There is currently a controversy concerning whether teachers can be required to dispense medications to students

many teachers and their Federations argue that administering medications is not a legitimate part of the teacher’s job description—teachers should refuse to do it. The STF’s legal council argues that this is a legally sound position.

Others (e.g., Prof. W. Foster of McGill Law School) argue that administering medication may be viewed as a necessary to the function of the public school and might legitimately fall to its “frontline” employees, the teachers; it is seen as not unlike noon hour supervision, which has been found to be implicit in the job of the teacher.

EADM© 2007

W. R. Dolmage

Reporting Child AbuseReporting Child Abuse

Who is a “child”?The Child and Family Services Act, R.S.S., C-7.2

Interpretation

2(1) In this Act:

(d) "child" means, except where a contrary intention is expressed, an unmarried person actually or apparently under 16 years of age;

Apprehension - persons aged 16 and 17

18(1) Where:

(a) an officer concludes, on reasonable and probable grounds, that a person who is actually or apparently 16 or 17 years of age is in need of protection; and

(b) the director considers the circumstances to be of an exceptional nature; an officer may apprehend the person and remove that person to a place of safety.

Who is a “child”?The Child and Family Services Act, R.S.S., C-7.2

Interpretation

2(1) In this Act:

(d) "child" means, except where a contrary intention is expressed, an unmarried person actually or apparently under 16 years of age;

Apprehension - persons aged 16 and 17

18(1) Where:

(a) an officer concludes, on reasonable and probable grounds, that a person who is actually or apparently 16 or 17 years of age is in need of protection; and

(b) the director considers the circumstances to be of an exceptional nature; an officer may apprehend the person and remove that person to a place of safety.

EADM© 2007

W. R. Dolmage

“Child in Need of Protection”“Child in Need of Protection”

The Child and Family Services Act, R.S.S., C-7.2 Child in need of protection11 A child is in need of protection where:

(a) as a result of action or omission by the child's parent:(i) the child has suffered or is likely to suffer physical harm;(ii) the child has suffered or is likely to suffer a serious impairment of

mental or emotional functioning;(iii) the child has been or is likely to be exposed to harmful interaction

for a sexual purpose, including conduct that may amount to an offence within the meaning of the Criminal Code;

(iv) medical, surgical or other recognized remedial care or treatment that is considered essential by a duly qualified medical practitioner has not been or is not likely to be provided to the child;

(v) the child's development is likely to be seriously impaired by failure to remedy a mental, emotional or developmental condition; or

(vi) the child has been exposed to domestic violence or severe domestic disharmony that is likely to result in physical or emotional harm to the child;

The Child and Family Services Act, R.S.S., C-7.2 Child in need of protection11 A child is in need of protection where:

(a) as a result of action or omission by the child's parent:(i) the child has suffered or is likely to suffer physical harm;(ii) the child has suffered or is likely to suffer a serious impairment of

mental or emotional functioning;(iii) the child has been or is likely to be exposed to harmful interaction

for a sexual purpose, including conduct that may amount to an offence within the meaning of the Criminal Code;

(iv) medical, surgical or other recognized remedial care or treatment that is considered essential by a duly qualified medical practitioner has not been or is not likely to be provided to the child;

(v) the child's development is likely to be seriously impaired by failure to remedy a mental, emotional or developmental condition; or

(vi) the child has been exposed to domestic violence or severe domestic disharmony that is likely to result in physical or emotional harm to the child;

EADM© 2007

W. R. Dolmage

“Child in Need of Protection”“Child in Need of Protection”

The Child and Family Services Act, R.S.S., C-7.2 Child in need of protection11 A child is in need of protection where:

(b) there is no adult person who is able and willing to provide for the child's needs, and physical or emotional harm to the child has occurred or is likely to occur; or

(c) the child is less than 12 years of age and:(i) there are reasonable and probable grounds to believe that:

(A) the child has committed an act that, if the child were 12 years of age or more, would constitute an offence under the Criminal Code, the Narcotic Control Act (Canada) or Part III or Part IV of the Food and Drug Act (Canada); and

(B) family services are necessary to prevent a recurrence; and

(ii) the child's parent is unable or unwilling to provide for the child's needs. 1989-90, c.C-7.2, s.11.

The Child and Family Services Act, R.S.S., C-7.2 Child in need of protection11 A child is in need of protection where:

(b) there is no adult person who is able and willing to provide for the child's needs, and physical or emotional harm to the child has occurred or is likely to occur; or

(c) the child is less than 12 years of age and:(i) there are reasonable and probable grounds to believe that:

(A) the child has committed an act that, if the child were 12 years of age or more, would constitute an offence under the Criminal Code, the Narcotic Control Act (Canada) or Part III or Part IV of the Food and Drug Act (Canada); and

(B) family services are necessary to prevent a recurrence; and

(ii) the child's parent is unable or unwilling to provide for the child's needs. 1989-90, c.C-7.2, s.11.

EADM© 2007

W. R. Dolmage

The Teacher’s Obligation to ReportThe Teacher’s Obligation to Report

The Child and Family Services Act, R.S.S., C-7.2Duty to report12(1) Subject to subsections (2) and (3), every person who

has reasonable grounds to believe that a child is in need of protection shall report the information to an officer or peace officer.

(2) Subsection (1) applies notwithstanding any claim of confidentiality or professional privilege other than:(a) solicitor-client privilege; or(b) Crown privilege.

(3) No action lies against a person who makes a report pursuant to subsection (1) unless that person makes it maliciously and without reasonable grounds for his or her belief.

The Child and Family Services Act, R.S.S., C-7.2Duty to report12(1) Subject to subsections (2) and (3), every person who

has reasonable grounds to believe that a child is in need of protection shall report the information to an officer or peace officer.

(2) Subsection (1) applies notwithstanding any claim of confidentiality or professional privilege other than:(a) solicitor-client privilege; or(b) Crown privilege.

(3) No action lies against a person who makes a report pursuant to subsection (1) unless that person makes it maliciously and without reasonable grounds for his or her belief.

EADM© 2007

W. R. Dolmage

So what if you don’t report?So what if you don’t report?

The Child and Family Services Act, R.S.S., C-7.2

Offences81(2) Any person who:

(e) contravenes subsection 12(1);is guilty of an offence and liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both fine and imprisonment. 1989-90, c.C-7.2, s. 81.

The Child and Family Services Act, R.S.S., C-7.2

Offences81(2) Any person who:

(e) contravenes subsection 12(1);is guilty of an offence and liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both fine and imprisonment. 1989-90, c.C-7.2, s. 81.

EADM© 2007

W. R. Dolmage

What About Accusations of Teacher Sexual Assault of Students?

What About Accusations of Teacher Sexual Assault of Students?

EADM© 2007

W. R. Dolmage

How does a teacher know when he or she has crossed the line between legitimate physical expressions of affection and support, and sexual

assault or abuse?

How does a teacher know when he or she has crossed the line between legitimate physical expressions of affection and support, and sexual

assault or abuse?

A. A difficult question because the intent of the teacher's behaviour may not be the same as the interpretation given the behaviour by others

B. Criminal Code § 152 & 153 - A teacher can be sure he/she has "crossed the line" if he/she:

i. touches, directly or indirectly, a child, under the age of 14, or a young person, over 14 and under 18, "for a sexual purpose"

ii. invites, counsels or incites a child, under the age of 14, or a young person, over 14 and under 18, directly or indirectly, to touch another person, including himself/herself, "for a sexual purpose"

Note: Criminal Code §274

Where an accused is charged with an offence under section . . . 152, 153 . . .no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

A. A difficult question because the intent of the teacher's behaviour may not be the same as the interpretation given the behaviour by others

B. Criminal Code § 152 & 153 - A teacher can be sure he/she has "crossed the line" if he/she:

i. touches, directly or indirectly, a child, under the age of 14, or a young person, over 14 and under 18, "for a sexual purpose"

ii. invites, counsels or incites a child, under the age of 14, or a young person, over 14 and under 18, directly or indirectly, to touch another person, including himself/herself, "for a sexual purpose"

Note: Criminal Code §274

Where an accused is charged with an offence under section . . . 152, 153 . . .no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

EADM© 2007

W. R. Dolmage

Prudent Practice - 1Prudent Practice - 1Edulaw School NewsletterEdulaw School Newsletter, , 22 (9) (9)

Prudent Practice - 1Prudent Practice - 1Edulaw School NewsletterEdulaw School Newsletter, , 22 (9) (9)

1. Avoid closing your classroom door particularly when you are with a single student.

2. Place your desk so that your activity behind the desk can be easily observed from the classroom entrance.

3. Avoid keeping students in your classroom for long periods of time after dismissal.

4. When disciplining students or discussing a contentious issue, e.g., a student's poor grade on an assignment, call in another teacher or do it quietly while other students are present.

5. Do not go behind tall room dividers or tall free standing bookshelves with a single student. School boards should avoid purchasing such items.

6. Do not go into a photography dark room, small phys.ed room off the gymnasium, concealed cloakroom or storage room with only one student.

7. If you have a window in your door, do not cover it up.

8. Where possible, schools should be designed or redesigned so that office administrators have one glass wall which is in easy view of other students or visitors to the school.

9. Love for children implies respect for their privacy. Show your love by listening to them, being verbally supportive and understanding and treating them fairly. Save physical demonstrations of caring and affection for when you are in public view of other students or teachers.

10. Beware of preadolescent and adolescent students who seem to find you attractive. Subdue the flattery. Cool the attention. Avoid and discourage teasing. Remember the danger of a lover spurned, real, or imaginary.

1. Avoid closing your classroom door particularly when you are with a single student.

2. Place your desk so that your activity behind the desk can be easily observed from the classroom entrance.

3. Avoid keeping students in your classroom for long periods of time after dismissal.

4. When disciplining students or discussing a contentious issue, e.g., a student's poor grade on an assignment, call in another teacher or do it quietly while other students are present.

5. Do not go behind tall room dividers or tall free standing bookshelves with a single student. School boards should avoid purchasing such items.

6. Do not go into a photography dark room, small phys.ed room off the gymnasium, concealed cloakroom or storage room with only one student.

7. If you have a window in your door, do not cover it up.

8. Where possible, schools should be designed or redesigned so that office administrators have one glass wall which is in easy view of other students or visitors to the school.

9. Love for children implies respect for their privacy. Show your love by listening to them, being verbally supportive and understanding and treating them fairly. Save physical demonstrations of caring and affection for when you are in public view of other students or teachers.

10. Beware of preadolescent and adolescent students who seem to find you attractive. Subdue the flattery. Cool the attention. Avoid and discourage teasing. Remember the danger of a lover spurned, real, or imaginary.

EADM© 2007

W. R. Dolmage

Prudent Practice - 2Edulaw School Newsletter, 2 (9)

Prudent Practice - 2Edulaw School Newsletter, 2 (9)

11. If too many children are clinging to your pant legs, beware. The power you have over an emotionally dependent student puts you at an unfair advantage over that student and may illicit irrational responses if that power is not exercised with extreme caution.

12. "Huggy Bears" are particularly vulnerable to accusations of physical impropriety with students. Consider whether all that touching makes you feel good or is for the benefit of students.

13. Where physical affection is appropriate, keep your hands above the student's waist and off the student's chest area. Avoid the friendly pat on the butt, even with very young children, and do not under any but the most necessary circumstances, i.e., severe injury of a young child, hold students on your lap.

14. Do not equate the role of a teacher acting in loco parentis with the role of a parent. That doctrine does not entitle the teacher to the same rights as parents over their children and certainly does not entitle them to the same degree of physical intimacy with students as is shared between children and their parents. Principals and teachers must be alert to colleagues whose overly affectionate manner may leave them vulnerable to accusations of physical impropriety and should provide such individuals with necessary cautions and counselling.

15. Make note, in factual and objective terms, of any contentious matters that arise during the school day, e.g., Jane received a D+ on her social studies assignment. She ran out of the room with tears in her eyes. Tried to talk to her about it at recess but she refused.

16. Senior administration should examine the psychometric instruments used during the hiring process. Students need teachers who are emotionally and psychologically strong. In the absence of these qualities a teacher may be more likely to seek self-affirmation from students through physical contact.

EADM© 2007

W. R. Dolmage

Denominational Cause RevisitedDenominational Cause Revisited

Remember!Roman Catholic Separate School Boards can sanction or dismiss teachers who are found to have violated Catholic religious teachings (Canon Law)

Catholic teachers are to be “witnesses” to the moral values espoused by the church; i.e., they are to provide an example of the high standard of behaviour required by the church.

Examples of behaviour that may get you fired: marry someone who was married in the church and

later obtained a civil divorce; live common-law become a parent prior to becoming a spouse leave the church and join another religious

denomination

Remember!Roman Catholic Separate School Boards can sanction or dismiss teachers who are found to have violated Catholic religious teachings (Canon Law)

Catholic teachers are to be “witnesses” to the moral values espoused by the church; i.e., they are to provide an example of the high standard of behaviour required by the church.

Examples of behaviour that may get you fired: marry someone who was married in the church and

later obtained a civil divorce; live common-law become a parent prior to becoming a spouse leave the church and join another religious

denomination

EADM© 2007

W. R. Dolmage

A Matrix of Teachers' Duties and Responsibilities

TheTeacher

Rules of Professional Ethics

Provincial Regulations

Provincial Statutes Education Act, STFA,

CFSA, etc.

Federal Statutes C.C., YCJA, etc.

Local Board and School Rules

Collective AgreementCommon

Law; Case Law, Precedent

Constitution, Charter §7, 12, 15

EADM© 2007

W. R. Dolmage

Do teachers have the right to determine their own lifestyle?

Do teachers have the right to determine their own lifestyle?

Charter of Rights§2 Freedom of association, belief, opinion, etc. is

probably restricted to matters of political belief

§15 (1) Equality before and under the law and equal protection and benefit of the law without discrimination . . . and in particular without discrimination based on . . . sex. Implicitly includes “sexual orientation.’ Andrews v. Law Society established that the §15 list is not inclusive.

§1 Laws permitting schools to discriminate against teachers for reasons of lifestyle could be deemed “reasonable limits” which are “demonstrably justified in a free and democratic society.”

Charter of Rights§2 Freedom of association, belief, opinion, etc. is

probably restricted to matters of political belief

§15 (1) Equality before and under the law and equal protection and benefit of the law without discrimination . . . and in particular without discrimination based on . . . sex. Implicitly includes “sexual orientation.’ Andrews v. Law Society established that the §15 list is not inclusive.

§1 Laws permitting schools to discriminate against teachers for reasons of lifestyle could be deemed “reasonable limits” which are “demonstrably justified in a free and democratic society.”

EADM© 2007

W. R. Dolmage

What does the word “right” mean in this context?

What does the word “right” mean in this context?

a legal right? “Right” as defined by statute and common law

a moral right? “Right” as defined by a particular moral code (often associated with a particular religion). Different “communities” have different standards.Are these different things? The two concepts “legal right” and “moral right” have no necessary connection in mainstream western culture. In some other cultures and/or religions (Islam for example) the concepts are synonymous.

a legal right? “Right” as defined by statute and common law

a moral right? “Right” as defined by a particular moral code (often associated with a particular religion). Different “communities” have different standards.Are these different things? The two concepts “legal right” and “moral right” have no necessary connection in mainstream western culture. In some other cultures and/or religions (Islam for example) the concepts are synonymous.

EADM© 2007

W. R. Dolmage

What criteria ought one to use in determining where to draw the line between full autonomy and public accountability of teachers in their

out-of-school activities?

What criteria ought one to use in determining where to draw the line between full autonomy and public accountability of teachers in their

out-of-school activities?

A. Moral criteria:a. What is the nature of the conduct? is it so socially reprehensible that

society ought not to even implicitly condone it by allowing such an individual to teach?

b. Problem: By what definition are the criteria established? §264? Ministry? A given judge on a given day?

B. Utilitarian criteria - Does the conduct interfere with the ability of the teacher to do his/her job?a. Does the conduct interfere with the ability of the teacher to perform

his/her duties on a day-to day basis (i.e., practicing alcoholics or drug abusers)?

b. Does the conduct inhibit the teacher’s ability to manage students, keep their respect, and their parents respect?

c. Does the conduct inhibit the teacher’s ability to maintain public respect and confidence in the school system?

d. Does the teacher’s behaviour pose some threat to the safety of students?

A. Moral criteria:a. What is the nature of the conduct? is it so socially reprehensible that

society ought not to even implicitly condone it by allowing such an individual to teach?

b. Problem: By what definition are the criteria established? §264? Ministry? A given judge on a given day?

B. Utilitarian criteria - Does the conduct interfere with the ability of the teacher to do his/her job?a. Does the conduct interfere with the ability of the teacher to perform

his/her duties on a day-to day basis (i.e., practicing alcoholics or drug abusers)?

b. Does the conduct inhibit the teacher’s ability to manage students, keep their respect, and their parents respect?

c. Does the conduct inhibit the teacher’s ability to maintain public respect and confidence in the school system?

d. Does the teacher’s behaviour pose some threat to the safety of students?

EADM© 2007

W. R. Dolmage

If you were a board member what would your position be if. . . . ? Why?

If you were a board member what would your position be if. . . . ? Why?

A group of parents demand that you fire a teacher because they have discovered that he is gay/she is a lesbian.

A group of parents demand that you fire a teacher because they have discovered that he is gay/she is a lesbian.

EADM© 2007

W. R. Dolmage

If . . . If . . .

An upset parent brings it to your attention that one of your new teachers is dating a Grade 12 student and socializing with his/her and his/her friends.

An upset parent brings it to your attention that one of your new teachers is dating a Grade 12 student and socializing with his/her and his/her friends.

EADM© 2007

W. R. Dolmage

If . . .If . . .

Following a serious car accident involving drunk, under-age students you are informed that a group of your high school teachers who knew and taught these students were in the bar at the same time as the students. Even though the teachers knew the students were under-age, they did nothing about it.

Following a serious car accident involving drunk, under-age students you are informed that a group of your high school teachers who knew and taught these students were in the bar at the same time as the students. Even though the teachers knew the students were under-age, they did nothing about it.

EADM© 2007

W. R. Dolmage

If . . .If . . .

You discover that one of your senior social studies teachers is an active member of the N.N.C. (the New Nazi Coalition). Although, as far as you know, this teacher has never brought her/his political views into the classroom, she/he was recently seen on the local television news giving the “Toast to Adolph” at a celebration of Hitler’s Birthday.

You discover that one of your senior social studies teachers is an active member of the N.N.C. (the New Nazi Coalition). Although, as far as you know, this teacher has never brought her/his political views into the classroom, she/he was recently seen on the local television news giving the “Toast to Adolph” at a celebration of Hitler’s Birthday.

EADM© 2007

W. R. Dolmage

If . . .If . . .

You learn that one of your Grade 6 teachers has been charged with cultivating pot in the basement of his/her house. There is clear evidence that the teacher was growing the pot exclusively for his/her own use.

You learn that one of your Grade 6 teachers has been charged with cultivating pot in the basement of his/her house. There is clear evidence that the teacher was growing the pot exclusively for his/her own use.

EADM© 2007

W. R. Dolmage

If. . .If. . .One of your high school Social Studies teachers has not only been teaching students about civil disobedience and its influence on modern politics (e.g., Gandhi, Martin Luther King, etc.), she/he has been encouraging them to practice civil disobedience when they feel their rights have been infringed upon. As a result, a group of his/her students are boycotting classes and staging a noisy demonstration outside their school to protest the fact that the school’s Principal has decided that the drama club cannot produce the stage version of “Rocky Horror Picture Show.”

One of your high school Social Studies teachers has not only been teaching students about civil disobedience and its influence on modern politics (e.g., Gandhi, Martin Luther King, etc.), she/he has been encouraging them to practice civil disobedience when they feel their rights have been infringed upon. As a result, a group of his/her students are boycotting classes and staging a noisy demonstration outside their school to protest the fact that the school’s Principal has decided that the drama club cannot produce the stage version of “Rocky Horror Picture Show.”