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Minutes of Council Meetings

Minutes of the Meeting of the Council of the Ontario College of Teachers, held on March 22-23, 2001 in the Council Chambers, 6th Floor, 121 Bloor Street East, Toronto

Table of Contents

1. Call to Order

2. Agenda

3. Minutes

4. Business Arising

5. Registrar's Report

6. Committee Reports

7. Correspondence

8. New Business

9. Notices of Motion

10. Next Meetings

11. Adjournment

SESSION 1

Date: March 22, 2001

Present: Bernard J. Adam, Samy Appadurai, Guill Archambault, Jackie Breithaupt (by telephone), Douglas Brown, Sterling Campbell, Larry Capstick (Chair), Doug Carter, Ernie Checkeris, Janet Cornwall, Pat Daly, Karl Dean, Margaret Dempsey, Jerry DeQuetteville, Solette N. Gelberg, Audrey Hadfield, Nancy Hutcheson, Martin Kings, Marilyn Laframboise (Vice-Chair), Diane Leblovic, Mark Lefebvre, Dick Malowney, Elayne McDermid, Karen Mitchell, Larry Mongeon, Harry Mulvale, Iain Munro (from 2:15 p.m.), Elizabeth Papadopoulos, Rich Prophet, David Somer (from 1:25 p.m.) , Frances Thorne, J.W. (Joe) Atkinson (Registrar)

Guests: Caroline Zayid (McCarthy Tétrault)

Presiding Officer: George Merrett

Staff: Peter Alexander, Margaret Aubé, Helen Barber, Linda Grant, Myrtle Herzenberg, Genny Humby, Laurent Joncas (acting on behalf of Patrick O’Neill), Richard Lewko, Charlie Morrison, Lynda Palazzi, W. Douglas Wilson

1. Call to Order

The Presiding Officer, George Merrett, called the meeting to order at 1:08 p.m. and welcomed all present. Council was reminded that the Steering Committee was comprised of Marilyn Laframboise and Solette N. Gelberg.

The Chair, Larry Capstick, reported that he had represented the College in February in Sudbury for an event held to honour Ernie Checkeris for his long-standing service to both the public and education community. He extended his congratulations to Ernie Checkeris on behalf of the Council.

2. Agenda (GC20010322-12)

It was moved by Steering, and

CARRIED,

That the Agenda for the March 22-23, 2001 Meeting of the Council of the Ontario College of Teachers be approved.

3. Minutes

3.1 Meeting, October 12-13, 2000 (GC20010322-13)

It was moved by Steering, and

CARRIED,

That the Minutes of the October 12-13, 2000 Meeting of the Council of the Ontario College of Teachers be approved.

3.2 Meeting, November 2-3, 2000 (GC20010322-15)

It was moved by Steering, and

CARRIED,

That the Minutes of the November 2-3, 2000 Meeting of the Council of the Ontario College of Teachers be approved.

3.3 Special Meeting, November 28, 2000 (GC20010322-17)

It was moved by Steering, and

CARRIED,

That the Minutes of the November 28, 2000 Special Meeting of the Council of the Ontario College of Teachers be approved.

3.4 Special Meeting In Camera, November 28, 2000 (GC20010322-19C)

It was moved by Steering, and

CARRIED,

That the Minutes of the In camera Session held during the November 28, 2000 Special Meeting of the Council of the Ontario College of Teachers be approved.

3.5 Special Meeting, January 29, 2001 (GC20010322-20)

It was moved by Steering, and

CARRIED,

That the Minutes of the January 29, 2001 Special Meeting of the Council of the Ontario College of Teachers be approved.

3.6 Special Meeting In Camera, January 29, 2001 (GC20010322-22C)

It was moved by Steering, and

CARRIED,

That the Minutes of the In camera Session held during the January 29, 2001 Special Meeting of the Council of the Ontario College of Teachers be approved.

4. Business Arising

4.1 Executive Committee Report: Amendment to Bylaws re Editorial Board (GC20010322-41)

It was moved by Steering, and

CARRIED,

That Council approve that Section 18 of the Bylaws be amended by the addition of the following:

18.04 Editorial Board

There shall be an Editorial Board to oversee the development of editorial and advertising policy and consideration of copy for the official publication of the College.

a) the Executive Committee shall appoint five members of Council to the Editorial Board.

b) two members of the Editorial Board shall be persons who were appointed to the Council under clause 4 (2) (b) of the Act.

c) three of the members of the Editorial Board shall be persons who were elected to Council under clause 4(2) (a) of the Act.

18.05 Unless otherwise required by law or prescribed in the Bylaws, the members of the Editorial Board and a Chair shall be appointed by the Executive Committee.

18.06 Unless otherwise provided for, the Editorial Board shall submit a report of its activities to Council, at least annually.

18.07 A person appointed to the Editorial Board shall be a member of the Board for a period prescribed by the Executive Committee at the time of appointment.

18.08 Meetings of the Editorial Board may be held by any means that permits every person participating in the meeting to communicate with each other simultaneously.

4.2 Finance Committee Report: Bylaws Amendment - Annual Fee (GC20010322- 33)

Solette N. Gelberg, Chair of the Finance Committee reported that consideration of the matter of the Annual Fee had been postponed to the Finance Committee Meeting on May 1, 2001.

4.3 Finance Committee Report: Zero-Based Flat-Line Budgeting Process (GC20010322- 34)

Solette N. Gelberg, Chair of the Finance Committee, gave a slide presentation on Zero-Based Flat-Line Budgeting Procedures. A question and answer period followed.

Solette N. Gelberg reported that the following motion had been considered by the Finance Committee at its meeting on March 2, 2001:

That the staff consider the zero based budget flat line budgeting process for the year 2002 budget year to be implemented at the start of the staff deliberation regarding budget.

It was moved by Solette N. Gelberg, Chair of the Finance Committee, and

CARRIED,

That the motion be amended by substitution as follows:

That management, as part of the development of the 2002 budget, undertake a budget exercise in two units using Zero-Based budgeting principles and develop a template that can be used in selected units in future years.

4.4 Accreditation Committee Report (GC20010322-8, 44)

It was moved by Steering, and

CARRIED,

That consideration of the Report from the Accreditation Committee (GC20010322-8), Special Meeting October 27, 2000 be deferred to the June 7-8, 2001 Council Meeting.

5. Registrar's Report (GC20010322-23)

The Registrar’s Report was received. J.W. (Joe) Atkinson spoke to the report and answered questions. He advised Council that with regard to the announcement by the Minister of Education requiring criminal background checks, the Toronto Star's article published on March 13, 2001 contained comments attributed to the College that were incorrect.

He also reported that:

  • the Government was moving forward on the pre-service section of the Accreditation Regulation.

  • the Government had indicated, in a letter dated March 21, 2001, that it was prepared to amend the Ontario College of Teachers Act and Regulation72/97 to broaden the scope of the Council's ability to supplement panels of committees.

  • a meeting had taken place on February 19-20, 2001 to discuss Labour Mobility. All the provinces had been represented.

6. Committee Reports

6.1 Executive Committee/Chair's Report (GC20010322-24)

The report of the Executive Committee/Chair was received. Larry Capstick spoke to the report and answered questions.

6.2 Discipline (GC20010322-25)

The report of the Discipline Committee was received. The Chair, Mark Lefebvre, spoke to the report and answered questions.

6.3 Fitness to Practise (GC20010322-26)

The report of the Fitness to Practise Committee was received. The Chair, Margaret Dempsey, spoke to the report.

6.4 Investigation (GC20010322-27, GC20010322-39)

The reports of the Investigation Committee were received. The Chair, Harry Mulvale, spoke to the reports and answered questions.

6.5 Registration Appeals (GC20010322-28, GC20010322-29)

The reports of the Registration Appeals Committee were received. The Chair, Doug Carter, spoke to the reports and answered questions.

6.6 Standards of Practice and Education (GC20010322-30, GC20010322-46)

The reports of the Standards of Practice and Education Committee were received. The Chair, Diane Leblovic, spoke to the reports and answered questions.

6.7 Accreditation (GC20010322-31)

The report of the Accreditation Committee was received. The Chair, Frances Thorne, spoke to the report and answered questions.

6.8 Finance (GC20010322-32, GC20010322-35)

The reports of the Finance Committee were received. The Chair, Solette N. Gelberg, spoke to the reports.

6.8.1 Travel Policy (GC20010322-36)

It was moved by Doug Carter, seconded by Harry Mulvale, and

CARRIED,

That Council move into Committee of the Whole with Council members and staff present.

Council moved into the Committee of the Whole at 4:45 p.m.

Council rose from the Committee of the Whole at 5:30 p.m.

Consideration of this matter is continued under item 8.1.1.2 (page 23).

The meeting recessed at 5:35 p.m.

SESSION II

Date: March 23, 2001

Present: Bernard J. Adam, Samy Appadurai, Guill Archambault, Jackie Breithaupt (by telephone, until 3:00 p.m.), Douglas Brown, Sterling Campbell, Larry Capstick (Chair), Doug Carter, Ernie Checkeris, Janet Cornwall, Pat Daly (by telephone from 2:15 p.m. until 3:15 p.m.), Karl Dean, Margaret Dempsey, Jerry DeQuetteville, Solette N. Gelberg, Audrey Hadfield, Nancy Hutcheson, Martin Kings, Marilyn Laframboise (Vice-Chair), Diane Leblovic, Mark Lefebvre (until 2:20 p.m.), Dick Malowney, Elayne McDermid, Karen Mitchell, Larry Mongeon, Harry Mulvale, Iain Munro, Elizabeth Papadopoulos, Rich Prophet, David Somer (until 2:30 p.m.), Frances Thorne (until 2:40 p.m.), J.W. (Joe) Atkinson (Registrar)

Guests: Caroline Zayid (McCarthy Tétrault)

Presiding Officer: George Merrett

Staff: Peter Alexander, Margaret Aubé, Helen Barber, Linda Grant, Myrtle Herzenberg, Genny Humby, Laurent Joncas (acting on behalf of Pat O'Neill), Richard Lewko, Charlie Morrison, Lynda Palazzi, W. Douglas Wilson

The meeting resumed at 9:05 a.m.

6. Committee Reports (continued)

6.9 Executive Committee - Supplementary Report - Appointment of Special Committee Chairs (GC20010322-55)

The Chair, Larry Capstick, reported that the following people were appointed as Chairs of the following Special Committees:

Election Committee, Doug Carter

Nomination Committee, Dick Malowney

Quality Assurance Committee, Sterling Campbell.

6.10 Robins Report Update (GC20010322-40)

The Registrar, J.W. (Joe) Atkinson, and staff updated Council on the work done to date on the Robins Report. A question and answer period followed.

6.11 Robins Report and Consequential Amendments to Legislation - Executive Committee Recommendations (GC20010322-52)

It was moved by Steering, "that Council approve amendments to the Ontario College of Teachers Act as follows:

1. That S. 47 (2) of the Ontario College of Teachers Act be amended by substitution of the following:

“47 (2)

An employer of a member shall promptly notify the College in writing when the employer becomes aware that a member who is or has been employed by the employer,”

2. That S. 47 (2) of the Ontario College of Teachers Act be amended by addition of a new S. 47 (2) (c) to read:

“47 (2) (c)

has been charged with an offence under the Criminal Code (Canada) which, if proven, may amount to offensive conduct of a sexual nature which may affect the personal integrity or security of any student or the educational environment.”

3. That S. 47 (3) of the Ontario College of Teachers Act be amended by substitution of the following:

“47 (3)

An employer of a member shall promptly notify the College in writing where in the opinion of the employer the conduct or actions of a member who is or has been employed by that employer should be reviewed by a committee of the College.”

4. That S. 47 of the Ontario College of Teachers Act be amended by addition of a new S. 47 (4) to read:

“47 (4)

Where an employer dismisses, suspends or otherwise disciplines a member of the College in its employ for engaging in sexual or other professional misconduct, it shall promptly notify the College in writing of the disciplinary action, and shall inform the College of the reasons therefor, and any information in possession of the employer relating to that decision.”

and renumber subsequent sections accordingly.

5. That S. 47 of the Ontario College of Teachers Act be amended by addition of a new S. 47 (5) to read:

“47 (5)

If a member of the College resigns and an employer is aware of allegations that the member engaged in sexual or other professional misconduct, an employer shall promptly notify the College in writing of the circumstances surrounding the resignation, and shall provide any information in possession of the employer relating to the resignation and its circumstances.”

and renumber subsequent sections accordingly.

6. That S. 26 of the Ontario College of Teachers Act be amended by addition of a new S. 26 (8) to read:

“26(8)

Where the Investigation Committee makes a decision pursuant to S. 26(5), the Registrar shall provide the employer and/or former employer of the person complained against with a copy of the written decision made by the Investigation Committee and its reasons for the decision, if any.”

and renumber subsequent sections accordingly.

7. That S. 29 of the Ontario College of Teachers Act be amended by addition of a new S. 29 (4) to read:

“29 (4)

The Registrar shall provide an employer with a copy of an interim order to suspend a member’s certificate of qualification and registration or impose terms, conditions or limitations on a member’s certificate where the Executive Committee or the Council is of the opinion that a risk of harm or injury to students exists.”

and renumber subsequent sections accordingly.

8. That S. 32 of the Ontario College of Teachers Act be amended by addition of a new S. 32 (13) to read:

“32(13)

(a) on the member’s employer

(b) where the decision of the Discipline Committee or the Fitness to Practise Committee relates to events that occurred while the member who is the subject of the decision was employed by an employer other than the members’ current employer, on the former employer”

and renumber subsequent sections accordingly.

It was moved by Rich Prophet and seconded by Karl Dean, "that the proposed amendments to S. 47(2)(c) of the Ontario College of Teachers Act (Recommendation 1: Robins Report subsection 2) be amended by the deletion of the words "or the educational environment".”

It was moved by Karl Dean, seconded by Rich Prophet, and

CARRIED,

That the question be put.

A vote was taken on the amendment motion, but it was

LOST,

That the proposed amendments to S. 47(2)(c) of the Ontario College of Teachers Act be amended by the deletion of the words "or the educational environment".

It was moved by Doug Carter, seconded by Harry Mulvale, but it was

LOST,

That the proposed amendments to S. 47(4) and S. 47(5) of the Ontario College of Teachers Act (Recommendation 1: Robins Report subsections 4 and 5) be amended by the deletion of the words "or other professional".

It was moved by Rich Prophet, seconded by Elizabeth Papadopoulos, but it was

LOST,

That the proposed amendments to S. 47(4) of the Ontario College of Teachers Act (Recommendation 1: Robins Report subsection 4) be amended by the deletion of the words "or otherwise disciplines".

It was moved by Harry Mulvale and seconded by Doug Carter, "that the proposed amendments to S. 26(8) of the Ontario College of Teachers Act (Recommendation 1: Robins Report subsection 6) be amended by substitution as follows:

26(7)(b)

"The Registrar shall provide an employer with a copy of the written decision made by the Investigation Committee and its reasons, if any, where:

  1. the decision of the committee relates to information provided by the employer under section 47 of the Act; or
  2. the decision of the committee relates to events that occurred while the member who is the subject of the decision was employed by the employer."

It was moved by Marilyn Laframboise, seconded by Karl Dean, but

LOST,

That the question be put.

Karl Dean challenged the Presiding Officer's ruling that a two-thirds majority was required for putting the question.

The Presiding Officer, George Merrett, confirmed that a two-thirds majority vote was required.

A vote was taken and the ruling of the Chair was upheld.

A vote was taken on the amendment motion, but it was

LOST,

That the proposed amendments to S. 26(8) of the Ontario College of Teachers Act (Recommendation 1: Robins Report subsection 6) be amended by substitution as follows:

26(7)(b)

"The Registrar shall provide an employer with a copy of the written decision made by the Investigation Committee and its reasons, if any, where:

  1. the decision of the committee relates to information provided by the employer under section 47 of the Act; or
  2. the decision of the committee relates to events that occurred while the member who is the subject of the decision was employed by the employer."

A vote was taken on the main motion, and it was

CARRIED,

That Council approve amendments to the Ontario College of Teachers Act as follows:

1. That S. 47 (2) of the Ontario College of Teachers Act be amended by substitution of the following:

“47 (2)

An employer of a member shall promptly notify the College in writing when the employer becomes aware that a member who is or has been employed by the employer,”

2. That S. 47 (2) of the Ontario College of Teachers Act be amended by addition of a new S. 47 (2) (c) to read:

“47 (2) (c)

has been charged with an offence under the Criminal Code (Canada) which, if proven, may amount to offensive conduct of a sexual nature which may affect the personal integrity or security of any student or the educational environment.

3. That S. 47 (3) of the Ontario College of Teachers Act be amended by substitution of the following:

“47 (3)

An employer of a member shall promptly notify the College in writing where in the opinion of the employer the conduct or actions of a member who is or has been employed by that employer should be reviewed by a committee of the College.”

4. That S. 47 of the Ontario College of Teachers Act be amended by addition of a new S. 47 (4) to read:

“47 (4)

Where an employer dismisses, suspends or otherwise disciplines a member of the College in its employ for engaging in sexual or other professional misconduct, it shall promptly notify the College in writing of the disciplinary action, and shall inform the College of the reasons therefor, and any information in possession of the employer relating to that decision.”

and renumber subsequent sections accordingly.

5. That S. 47 of the Ontario College of Teachers Act be amended by addition of a new S. 47 (5) to read:

“47 (5)

If a member of the College resigns and an employer is aware of allegations that the member engaged in sexual or other professional misconduct, an employer shall promptly notify the College in writing of the circumstances surrounding the resignation, and shall provide any information in possession of the employer relating to the resignation and its circumstances.”

and renumber subsequent sections accordingly.

6. That S. 26 of the Ontario College of Teachers Act be amended by addition of a new S. 26 (8) to read:

“26(8)

Where the Investigation Committee makes a decision pursuant to S. 26(5), the Registrar shall provide the employer and/or former employer of the person complained against with a copy of the written decision made by the Investigation Committee and its reasons for the decision, if any.”

and renumber subsequent sections accordingly.

7. That S. 29 of the Ontario College of Teachers Act be amended by addition of a new S. 29 (4) to read:

“29 (4)

The Registrar shall provide an employer with a copy of an interim order to suspend a member’s certificate of qualification and registration or impose terms, conditions or limitations on a member’s certificate where the Executive Committee or the Council is of the opinion that a risk of harm or injury to students exists.”

and renumber subsequent sections accordingly.

8. That S. 32 of the Ontario College of Teachers Act be amended by addition of a new S. 32 (13) to read:

“32(13)

(a) on the member’s employer

(b) where the decision of the Discipline Committee or the Fitness to Practise Committee relates to events that occurred while the member who is the subject of the decision was employed by an employer other than the members’ current employer, on the former employer”

and renumber subsequent sections accordingly.

Harry Mulvale requested a recorded vote.

Recorded Vote:

For

Against

 

Bernard J. Adam

Harry Mulvale

 

Samy Appadurai

Elizabeth Papadopoulos

 

Guill Archambault

Rich Prophet

 

Jackie Breithaupt

Doug Brown

Sterling Campbell

Larry Capstick

Doug Carter

Ernie Checkeris

Janet Cornwall

Karl Dean

Margaret Dempsey

Jerry DeQuetteville

Solette N. Gelberg

Audrey Hadfield

Nancy Hutcheson

Martin Kings

Marilyn Laframboise

Diane Leblovic

Mark Lefebvre

Dick Malowney

Elayne McDermid

Karen Mitchell

Larry Mongeon

Iain Munro

David Somer

Frances Thorne

For: 27 Against: 3 Absent:1

It was moved by Steering, "that Council approve amendments to the Professional Misconduct Regulation (437/97) as follows:

1. That S. 1 (7) of the Professional Misconduct Regulation (437/97) be amended by deleting the word “sexually” to read:

“1 (7)

Abusing a student physically, verbally, psychologically, or emotionally.”

2. That S. 1 of the Professional Misconduct Regulation (437/97) be amended by addition of a new S. 1 (8) to read:

“1 (8)

Sexual misconduct, defined as offensive conduct of a sexual nature which may affect the personal integrity or security of any student or the educational environment.”

and renumber subsequent sections accordingly."

It was moved by Rich Prophet, seconded by Sterling Campbell, but it was

LOST,

That the proposed amendments to the Professional Misconduct Regulation (437/97) (Recommendation 2: Robins Report subsection 1(8)) be amended by the deletion of the word "may" and substitution of the words "would reasonably".

A vote was taken on the main motion, and it was

CARRIED,

That Council approve amendments to the Professional Misconduct Regulation (437/97) as follows:

1. That S. 1 (7) of the Professional Misconduct Regulation (437/97) be amended by deleting the word “sexually” to read:

“1 (7)

Abusing a student physically, verbally, psychologically, or emotionally.”

2. That S. 1 of the Professional Misconduct Regulation (437/97) be amended by addition of a new S. 1 (8) to read:

“1 (8)

Sexual misconduct, defined as offensive conduct of a sexual nature which may affect the personal integrity or security of any student or the educational environment.”

and renumber subsequent sections accordingly.

It was moved by Steering, "that Council issue a Professional Advisory on Sexual Misconduct to be distributed to all members of the College to read:

“Ontario College of Teachers

Professional Advisory — Sexual Misconduct

This advisory applies to all members of the Ontario College of Teachers (including but not limited to teachers, principals, vice-principals, supervisory officers and directors).

Members of the College are advised that:

1. A member of the College shall not engage in offensive conduct of a sexual nature which may affect the personal integrity or security of any student or the educational environment (sexual misconduct).

For the purposes of the Professional Misconduct Regulation made under the Ontario College of Teachers Act, sexual misconduct includes, but is not limited to:

a) Sexual Abuse - Conduct which would amount to sexual interference, an invitation to sexual touching, sexual exploitation, sexual exploitation of a person with a disability, an indecent act or exposure, or a sexual assault or other crime which may affect the personal integrity or security of any student or the educational environment.

These are all offences under the Criminal Code. These offences could involve a member’s own students, other students or children, or even adults, if the fact that the member has engaged in the conduct might tend to affect the personal integrity or security of students or the educational environment.

b) Sexual Harassment - Objectionable comments or conduct of a sexual nature that may affect a student’s personal integrity or security or the educational environment. These may not be overtly sexual but nonetheless demean or cause personal embarrassment to a student, based upon a student’s gender or sexual orientation.

This includes, but is not limited to, conduct that would amount to sexual harassment or sexual discrimination under the Ontario Human Rights Code. Certain objectionable conduct or comments are incompatible with the role of a member, regardless of whether the affected students regard them as unwelcome. A single event may constitute harassment. Sexual harassment includes reprisals or threatened reprisals for rejecting sexual advances.

Examples of sexual harassment include but are not limited to: gender-related comments about a student’s physical attributes; unwelcome or gratuitous physical contact; suggestive or offensive remarks or innuendoes about students of a specific sex; propositions of physical intimacy; gender-related verbal abuse, threats, or taunting; leering; bragging about sexual prowess; requests for dates or sexual favours; offensive jokes or comments of a sexual nature about a student; displays of sexually offensive pictures, graffiti or other materials which are not educationally appropriate in the context; highly personal questions or discussions about sexual activities; rough and vulgar humour or language related to gender; repeated compliments regarding a student’s appearance, hair and clothes.

c) Sexual RelationshipsAny sexual relationship with

  1. a student, regardless of the student’s age
  2. a former student under the age of 18 or who suffers from a disability affecting his or her ability to consent to a relationship and any conduct directed to establishing such a relationship.

This explicitly prohibits any sexual relationship with a student and does so regardless of the age of the student or any claim or assumption that the relationship is consensual. It is not necessary that the student be in the member’s own classroom. A student may be a student who is in the school or school board where the member is employed, or in relation to whom a member otherwise holds a position of trust and responsibility.

In considering whether a relationship is appropriate, responsibility for ensuring that a member-student relationship is appropriate rests with the member and not with the student. This remains the case even if it is the student who attempts to initiate the relationship.

Engaging in a sexual relationship with a person who is under the age of 18 may also constitute professional misconduct regardless of whether the person is a student.

Examples of inappropriate conduct may include but are not limited to: intimate letters from member to student; telephone calls of a personal nature; sexualized dialogue through the Internet; suggestive comments in the classroom; dating. Such conduct is inappropriate even if the conduct does not result in the establishment of a relationship.

Avoiding Activities Which May Reasonably Raise Concerns

2. A member of the College has an additional responsibility to avoid activities that may reasonably raise concerns as to their propriety. Members should be mindful of these and other considerations:

  • whether the activities are known to, or approved by, supervisors and/or parents or legal guardians

  • whether the student is physically isolated from other observers, for example, behind closed doors

  • whether the circumstances are urgent or an emergency (providing transportation in a blizzard, for example)

  • whether the educational environment might be detrimentally affected by the activities

  • whether the activity would reasonably be regarded as conduct intended to promote an inappropriate personal relationship with a student

  • to what extent the activities might reasonably be regarded as posing a risk to the personal integrity or security of a student, or as contributing to any student’s level of discomfort

  • whether the conduct would reasonably be regarded as being in the best interests of the student.

Reporting Suspected or Alleged Sexual Misconduct

3. Where a member of the College has reasonable grounds to suspect sexual misconduct, a member has a responsibility to protect students by reporting cases of suspected or alleged sexual misconduct to appropriate authorities, which includes one or more or all of the following: children’s aid services, police, the employer, and the Ontario College of Teachers.

Anti-Reprisal Provision

4. No member of the Ontario College of Teachers shall engage in, or threaten to engage in, reprisals against anyone who discloses, reports, or otherwise provides information with respect to alleged sexual misconduct.

Relationship to Professional Misconduct Regulation

The Investigation Committee and the Discipline Committee of the Ontario College of Teachers are responsible for investigating and hearing allegations relating to a member’s misconduct. Allegations of sexual misconduct may result in charges under the Professional Misconduct Regulation made under the Ontario College of Teachers Act.

These could include:

1(5) Failing to maintain the standards of the profession.

1(7) Abusing a student physically, verbally, psychologically, or emotionally.

1(8) Sexual misconduct, defined as offensive conduct of a sexual nature which may affect the personal integrity or security of any student or the educational environment.

1(16) Failing to comply with the Education Act or the regulations made under that Act, if the member is subject to that Act.

1(19) An act or omission that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

1(20) Conduct unbecoming a member.

Allegations of sexual misconduct may be dealt with under any of these sections. In each case, panels of the Discipline Committee will consider whether the alleged conduct contravenes the Professional Misconduct Regulation.”

It was moved by Rich Prophet, seconded by Jerry DeQuetteville, but it was

LOST,

That the proposed amendments to the Ontario College of Teachers Professional Advisory on Sexual Conduct (Recommendation 3: Robins Report) subsection 4 - "Anti Reprisal Provision" be amended by the addition of the words "other than those available through a lawful source of redress" after the word "reprisals".

A vote was taken on the main motion, and it was

CARRIED,

That Council issue a Professional Advisory on Sexual Misconduct to be distributed to all members of the College to read:

“Ontario College of Teachers

Professional Advisory — Sexual Misconduct

This advisory applies to all members of the Ontario College of Teachers (including but not limited to teachers, principals, vice-principals, supervisory officers and directors).

Members of the College are advised that:

1. A member of the College shall not engage in offensive conduct of a sexual nature which may affect the personal integrity or security of any student or the educational environment (sexual misconduct).

For the purposes of the Professional Misconduct Regulation made under the Ontario College of Teachers Act, sexual misconduct includes, but is not limited to:

a) Sexual Abuse - Conduct which would amount to sexual interference, an invitation to sexual touching, sexual exploitation, sexual exploitation of a person with a disability, an indecent act or exposure, or a sexual assault or other crime which may affect the personal integrity or security of any student or the educational environment.

These are all offences under the Criminal Code. These offences could involve a member’s own students, other students or children, or even adults, if the fact that the member has engaged in the conduct might tend to affect the personal integrity or security of students or the educational environment.

b) Sexual Harassment - Objectionable comments or conduct of a sexual nature that may affect a student’s personal integrity or security or the educational environment. These may not be overtly sexual but nonetheless demean or cause personal embarrassment to a student, based upon a student’s gender or sexual orientation.

This includes, but is not limited to, conduct that would amount to sexual harassment or sexual discrimination under the Ontario Human Rights Code. Certain objectionable conduct or comments are incompatible with the role of a member, regardless of whether the affected students regard them as unwelcome. A single event may constitute harassment. Sexual harassment includes reprisals or threatened reprisals for rejecting sexual advances.

Examples of sexual harassment include but are not limited to: gender-related comments about a student’s physical attributes; unwelcome or gratuitous physical contact; suggestive or offensive remarks or innuendoes about students of a specific sex; propositions of physical intimacy; gender-related verbal abuse, threats, or taunting; leering; bragging about sexual prowess; requests for dates or sexual favours; offensive jokes or comments of a sexual nature about a student; displays of sexually offensive pictures, graffiti or other materials which are not educationally appropriate in the context; highly personal questions or discussions about sexual activities; rough and vulgar humour or language related to gender; repeated compliments regarding a student’s appearance, hair and clothes.

c) Sexual RelationshipsAny sexual relationship with

  1. a student, regardless of the student’s age
  2. a former student under the age of 18 or who suffers from a disability affecting his or her ability to consent to a relationship and any conduct directed to establishing such a relationship.

This explicitly prohibits any sexual relationship with a student and does so regardless of the age of the student or any claim or assumption that the relationship is consensual. It is not necessary that the student be in the member’s own classroom. A student may be a student who is in the school or school board where the member is employed, or in relation to whom a member otherwise holds a position of trust and responsibility.

In considering whether a relationship is appropriate, responsibility for ensuring that a member-student relationship is appropriate rests with the member and not with the student. This remains the case even if it is the student who attempts to initiate the relationship.

Engaging in a sexual relationship with a person who is under the age of 18 may also constitute professional misconduct regardless of whether the person is a student.

Examples of inappropriate conduct may include but are not limited to: intimate letters from member to student; telephone calls of a personal nature; sexualized dialogue through the Internet; suggestive comments in the classroom; dating. Such conduct is inappropriate even if the conduct does not result in the establishment of a relationship.

Avoiding Activities Which May Reasonably Raise Concerns

2. A member of the College has an additional responsibility to avoid activities that may reasonably raise concerns as to their propriety. Members should be mindful of these and other considerations:

  • whether the activities are known to, or approved by, supervisors and/or parents or legal guardians

  • whether the student is physically isolated from other observers, for example, behind closed doors

  • whether the circumstances are urgent or an emergency (providing transportation in a blizzard, for example)

  • whether the educational environment might be detrimentally affected by the activities

  • whether the activity would reasonably be regarded as conduct intended to promote an inappropriate personal relationship with a student

  • to what extent the activities might reasonably be regarded as posing a risk to the personal integrity or security of a student, or as contributing to any student’s level of discomfort

  • whether the conduct would reasonably be regarded as being in the best interests of the student.

Reporting Suspected or Alleged Sexual Misconduct

3. Where a member of the College has reasonable grounds to suspect sexual misconduct, a member has a responsibility to protect students by reporting cases of suspected or alleged sexual misconduct to appropriate authorities, which includes one or more or all of the following: children’s aid services, police, the employer, and the Ontario College of Teachers.

Anti-Reprisal Provision

4. No member of the Ontario College of Teachers shall engage in, or threaten to engage in, reprisals against anyone who discloses, reports, or otherwise provides information with respect to alleged sexual misconduct.

Relationship to Professional Misconduct Regulation

The Investigation Committee and the Discipline Committee of the Ontario College of Teachers are responsible for investigating and hearing allegations relating to a member’s misconduct. Allegations of sexual misconduct may result in charges under the Professional Misconduct Regulation made under the Ontario College of Teachers Act.

These could include:

1(5) Failing to maintain the standards of the profession.

1(7) Abusing a student physically, verbally, psychologically, or emotionally.

1(8) Sexual misconduct, defined as offensive conduct of a sexual nature which may affect the personal integrity or security of any student or the educational environment.

1(16) Failing to comply with the Education Act or the regulations made under that Act, if the member is subject to that Act.

1(19) An act or omission that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

1(20) Conduct unbecoming a member.

Allegations of sexual misconduct may be dealt with under any of these sections. In each case, panels of the Discipline Committee will consider whether the alleged conduct contravenes the Professional Misconduct Regulation.”

It was moved by Steering, and

CARRIED,

That Council approve the following amendment to the Ontario College of Teachers Act:

That S. 47 of the Ontario College of Teachers Act be amended by addition of a new S. 47 (6) to read:

“47 (6)

Where an employer dismisses or suspends a member of the College in its employ for incompetence, it shall promptly notify the College in writing of the dismissal or suspension, and shall inform the College of the reasons therefor, and any information in possession of the employer relating to that decision.”

and renumber subsequent sections accordingly.

It was moved by Ernie Checkeris, seconded by Douglas Brown, and

CARRIED,

That the Agenda be amended so that item 6.8.1.4 Guideline for 2002 Budget be considered at this time.

6.12 Finance Committee (Continued)

6.12.1 Supplementary Report (Continued)

6.12.1.1 Guideline for 2002 Budget (20010322-43)

It was moved by Solette N. Gelberg, Chair of the Finance Committee, "that the 2002 Budget Guideline (GC20010322-43) be approved."

It was moved by Doug Carter, and seconded by Harry Mulvale, "that the 2002 Budget Guideline be amended by changing "June 2001" to "October 2001".

It was moved by Karen Mitchell, seconded by Marilyn Laframboise, and

CARRIED,

That the question be put.

A vote was taken on the amendment motion, but it was

LOST,

That the 2002 Budget Guideline be amended by changing "June 2001" to "October 2001".

A vote was taken on the main motion, and it was

CARRIED,

That the 2002 Budget Guideline (GC20010322-43) be approved.

6.12.1.2 Travel Policy (Continued) (GC20010322-36)

Continued from page 6.

It was moved by Marilyn Laframboise and seconded by Diane Leblovic, "that the Agenda be amended so that the Travel Policy (GC20010322-36) be considered after "New Business"."

It was moved by Marilyn Laframboise, seconded by Solette Gelberg, and

CARRIED,

That the question be put.

A vote was taken on the motion to amend the Agenda, but it was

LOST,

That the Agenda be amended so that the Travel Policy (GC20010322-36) be considered after "New Business".

It was moved by Harry Mulvale, seconded by Rich Prophet, and

CARRIED,

That Council move into Committee of the Whole with Council members and staff present.

Council moved into Committee of the Whole at 2:15 p.m.

Council moved out of Committee of the Whole at 3:00 p.m.

It was moved by Diane Leblovic, seconded by Guill Archambault, and

CARRIED,

That the following motion be referred back to the Finance Committee for report to the June 7-8, 2001 Council Meeting:

That the Revised Council Member Travel Policy (GC20010322-36) be approved.

6.12.1.3 Financial Report December 2000 (GC20010322-37)

The Financial Report as at December 31, 2000 was noted.

6.12.1.4 Financial Report February 2001 (GC20010322-38)

The Financial Report as at February 28, 2001 was noted.

6.13 Human Resources Committee (20010322-45)

The report of the Human Resources Committee was received. The Chair, Marilyn Laframboise, spoke to the report and answered questions.

7. Correspondence

7.1 Examples of Fees Correspondence (GC20010322-47)

The examples were noted.

8. New Business

8.1 Communication Strategy with College Members (GC20010322-42)

It was moved by Rich Prophet and seconded by Iain Munro, "that Staff develop a communication strategy to address the issue of “Communicating with the members of the Ontario College of Teachers for the purpose of developing a better understanding of the role of the Ontario College of Teachers in the profession of teaching."

It was moved by Steering, and

CARRIED,

That Council refer the following motion to the Executive Committee for study and report to the June 7-8, 2001 Council Meeting:

That Staff develop a communication strategy to address the issue of “Communicating with the members of the Ontario College of Teachers for the purpose of developing a better understanding of the role of the Ontario College of Teachers in the profession of teaching."

8.2 Roster of Panelists (GC20010322-56)

The Chair, Larry Capstick, reviewed the letter (date stamped, March 21, 2001) from the Minister of Education, Janet Ecker. This letter was in response to the Council's request to amend the Act and Regulation 72/97 to enable the College to supplement panels of committees with non-committee members.

It was moved by Steering, and

CARRIED UNANIMOUSLY,

That the Minister of Education be advised that the changes proposed to the Ontario College of Teachers Act and Regulation 72/97, to provide authority to the College to supplement panels of committees, are acceptable to the Council.

8.3 Teacher Supply and Demand

It was moved by Jerry DeQuetteville and seconded by Rich Prophet, "that a Special Meeting of Council be called to discuss the issue of Teacher Supply and Demand and to make recommendations regarding this issue."

The Presiding Officer, George Merrett, advised that a two-thirds majority for consideration of this motion was required in accordance with section 3.06(d) of the Bylaws of the Ontario College of Teachers.

It was moved by Steering, and

CARRIED,

Whereas section 3.06(d) of the Bylaws of the Ontario College of Teachers states: "a Council meeting may only consider motions which the members of the Council agree to consider by a two-thirds vote of those in attendance", .that Council consider the motion related to teacher supply and demand.

A vote was taken on the motion, and it was

CARRIED,

That a Special Meeting of Council be called to discuss the issue of Teacher Supply and Demand and to make recommendations regarding this issue.

9. Notices of Motion

No Notices of Motion were received.

10. Next Meetings

  • May 3, 2001 - Special Council Meeting - Teleconference
  • Special Council Meeting (to discuss Teacher Supply and Demand) - TBD.
  • June 7-8, 2001

11. Adjournment

The meeting adjourned at 3:35 p.m.

Signed: Chair, Larry M. Capstick

Dated

Signed: Registrar, J.W. (Joe) Atkinson

Dated

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