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College tells public that the teaching profession understands its own responsibilities
and is prepared to carry them out.
College Council members sent a strong message to the profession and the public at their meeting on March 23 as they overwhelmingly supported significant amendments to the College’s misconduct regulation that will provide a clearer and broader definition of sexual misconduct. Council also voted to ask the government to strengthen the requirements for employers to notify the College when teachers are charged with offences and for the College to notify employers of the outcomes of investigations of teachers. The College’s governing body also voted to issue its first professional advisory to help educate members on the issue of sexual misconduct. The series of recommendations considered and approved by Council were the College’s response to Protecting Our Students, last year’s report by Hon. Sydney L. Robins, who examined ways to identify and prevent sexual misconduct in Ontario schools. The former justice made 101 recommendations directed at the provincial and federal justice systems, as well as the Ontario education system, including 36 that related directly to the College’s mandate. The College already had a number of these proposed measures in place. CLEARER RULES “As Robins noted ‘the incidence of sexual misconduct is small relative to the large number of teachers and students’ but sexual misconduct does happen and we regard it as a serious breach of public trust,” said College Chair Larry M. Capstick. “We are offering clearer rules and new guidelines for teachers and their employers so that sexual misconduct will be more effectively prevented, detected earlier and dealt with promptly.” The regulatory change approved by Council refines the current professional misconduct regulation to include the broader concept of sexual misconduct instead of sexual abuse. Sexual misconduct would include sexual abuse, sexual harassment and sexual relationships, as Robins recommended. Sexual abuse describes 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. Sexual harassment describes 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. Sexual relationships include any sexual relationship with a student regardless of age, or with a former student under the age of 18, and any conduct directed to establishing such a relationship. The underlying principle behind the changes is that the teacher, not the student, bears responsibility for the teacher’s behaviour. In a teacher-student relationship, whether the conduct is welcome or not is irrelevant. The teacher is in a position of trust and authority that requires a higher standard of conduct, as the courts have said on many occasions. College Council voted to: • request the government to amend the Ontario College of Teachers Act to spell out clearer obligations to report suspected or alleged sexual misconduct. Employers would be required to report when teachers face criminal charges or are dismissed for misconduct. • request the government to also require employers to tell the College when they dismiss or suspend teachers for incompetence. This amendment was not recommended by Robins but would establish consistent reporting obligations for both professional misconduct and incompetence • revise the College’s professional misconduct regulation to include reference to “sexual misconduct.” This will be defined as “offensive conduct of a sexual nature which may affect the personal integrity or security of any student or the educational environment.” This change must still be approved by the provincial cabinet • distribute a professional advisory on sexual misconduct from the College to all members of the teaching profession, including classroom teachers, vice-principals, principals, superintendents and directors. This advisory will be distributed in Professionally Speaking as soon as the provincial cabinet approves the regulatory change. “This is a very good day for the College and the teaching profession,” said College Registrar Joe Atkinson. “The very strong support from the College Council for these changes sends a signal to the public that this profession takes our responsibilities very seriously and we are prepared to carry them out. I’m particularly proud to be a member of the teaching profession today.” Council’s decision reflects the College’s extensive consultation with educational stakeholders and legal counsel. The College will also look into other methods of ongoing communication with the teaching profession about sexual misconduct. One important way to influence teachers’ understanding is through the College’s authority to accredit professional learning programs and courses that would include specific content on sexual misconduct for both new and experienced teachers. Some changes will require legislative changes to the Ontario College of Teachers Act and the professional misconduct regulation made under the Act. The March issue of Professionally Speaking contains a detailed article on sexual misconduct issues. It is available at www.oct.ca/english/ps/archive/march_2001/sexlmiscon&teach.htm. The executive summary of Protecting Our Students is also available online at http://www.attorneygeneral.jus.gov.on.ca/html/robins/robinsrvw.htm |
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