Page 39 - OSCA Ethical Guidelines - 2009.pdf

Appendix E
SEXUAL ABUSE AND MISCONDUCT 2002.09.27
Why an advisory on professional misconduct of a sexual nature?
Public and professional sensitivity to and awareness of sexual abuse and sexual misconduct has increased in recent years, not only in teaching but also in other professions, particularly where people are in positions of trust and moral authority. In April 2000, the provincial government released the report of former Justice Sydney L. Robins Protecting Our Students: A review to identify and prevent sexual misconduct in Ontario schools. This report made numerous recommendations for the teaching profession, including a recommendation for the College to clarify and elaborate on members’ obligations and professional duties.
Student Protection Act
In June 2002, the Ontario legislature passed Bill 101, the Student Protection Act. This Act modified existing legislation and placed new obligations on members of the profession. The College has undertaken to issue this professional advisory as the Student Protection Act comes into force.
Building on the standards of practice and the ethical standards
Members of the College demonstrate care for and commitment to students that require them to act in students’ best interests and report suspicious behaviour or allegations of professional misconduct of a sexual nature to appropriate authorities. Members must take a student’s disclosure of abuse or exploitation seriously, even if some allegations prove to be unfounded. Dealing with victim disclosure requires professional judgement. This advisory provides some criteria to assist members in using their judgement.
Members maintain professional relationships with students and recognize the trust that the public places in them. They are aware of the negative impact of boundary violations on students. They respond professionally to victims’ allegations by collaborating with other professionals such as police, child and family services, and College investigators.
This advisory helps clarify members’ responsibilities to the profession — to govern their own conduct and to understand clearly what conduct by other members does not conform to professional standards, provincial law and the Criminal Code.
Understanding the legal, ethical and professional parameters of behaviour is central to a member’s successful career. This advisory helps members recognize when they are at risk of breaching those parameters.
Even though many of the behaviours described here may be unthinkable to most members, the College has the obligation to identify them so that the parameters of professional behaviour are clear.
Ignorance of the law or College regulations is not an acceptable excuse. Engaging in sexual abuse of students or sexual misconduct is a form of professional misconduct and will result in an investigation and disciplinary action by the College. Consequences may include the suspension or revocation of a member’s certificate of qualification and membership in the teaching profession.
Sexual abuse
Sexual abuse is a form of professional misconduct. The Student Protection Act defines sexual abuse of a student and amends the Ontario College of Teachers Act to include this definition:
(i) sexual intercourse or other forms of physical sexual relations between the member and a student,
(ii) touching, of a sexual nature, of the student by the member, or
(iii) behaviour or remarks of a sexual nature by the member towards the student.
Accordingly, members should avoid:
• sexual relations or sexual intercourse with a student
• any form of sexual touching of a student
• any sexual contact including behaviour or remarks of
a sexual nature, regardless of the age of the student or any apparent consent by the student.
Professional misconduct
Professional misconduct includes, but is not limited to, sexual abuse of a student by a member. Professional misconduct of a sexual nature could involve a member’s own students, other students or children, or even adults, if the Discipline Committee of the College determines that the behaviour amounts to an act defined as professional misconduct.
There may be forms of professional misconduct that do not fall within the definition of sexual abuse but which may be considered sexual misconduct. These behaviours could nonetheless fall within the definition of sexual misconduct and constitute professional misconduct. These behaviours may include sexual harassment and sexual relationships with students or any conduct which may lead to an unprofessional and inappropriate relationship with a student. The latter is often called grooming behaviour.
The College deals with complaints made by members, employers and the public. Written complaints of alleged sexual abuse of a student or sexual misconduct have to be investigated by the College if they fall within the definition of professional misconduct.
Ultimately, the determination of whether particular behaviour constitutes professional misconduct will be made by the Discipline Committee based on the definition of sexual abuse, as well as the other definitions of
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