Page 41 - OSCA Ethical Guidelines - 2009.pdf

Appendix E
SEXUAL ABUSE AND MISCONDUCT 2002.09.27
others’ activities they 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 or facilitate an inappropriate personal relationship with a student
• the extent to which 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.
Members should avoid:
• inviting individual students to their homes
• seeing students in private and isolated situations
• exchanging personal notes, comments or e-mails
• becoming personally involved in students’ affairs
• giving personal gifts to students
• sharing personal information about themselves
• making physical contact of a sexual nature.
When meeting with students, members should, whenever possible, ensure that:
• classroom and office doors are left open
• a third party is present or aware of the meeting
• the student is not physically isolated from other
observers, for example, behind closed doors
• they are not alone with an individual student except in
urgent or emergency circumstances.
Reporting suspected or
alleged inappropriate sexual behaviour
If a member of the College has reasonable grounds to suspect sexual abuse of students or sexual misconduct, a member has a responsibility to report suspected or alleged cases to appropriate authorities. This includes one or more or all of the following: child and family services, police, the employer and the Ontario College of Teachers.
Adverse report and anti-reprisal provisions
The Student Protection Act also amended the Teaching Profession Act. A member who makes an adverse report about another member respecting suspected sexual abuse of a student by that other member need not provide him or her with a copy of the report or with any information about the report.
Members of the College may not engage in, or threaten to engage in, reprisals against anyone who discloses, reports or otherwise provides information with respect to alleged or suspected professional misconduct of a sexual nature.
Employer responsibilities
Similarly, employers were previously required to report to the College members who had been convicted of an offence under the Criminal Code involving sexual conduct and minors. The Student Protection Act stipulates that employers must now report to the College at the time a member is charged with a sexual offence.
Responsibility of the Ontario College of Teachers
The Investigation Committee of the College is responsible for investigating complaints relating to a member’s alleged professional misconduct, incompetence or incapacity. Allegations of misconduct may result in charges under Regulation 437/97 made under the Ontario College of Teachers Act. If the Investigation Committee refers a case to the Discipline Committee, a panel of the Discipline Committee will conduct a hearing to determine whether the alleged conduct constitutes professional misconduct.
If members of the College or the public have questions about the content of this advisory, please contact the College at 416-961-8800 or toll free in Ontario at 1-888-534-2222, or e-mail info@oct.on.ca.
Legislative references
Ontario College of Teachers Act
Education Act
Regulation 437/97, Professional Misconduct made under the Ontario College of Teachers Act
Teaching Profession Act
Child and Family Services Act
Ontario Human Rights Code
Ontario College of Teachers
121 Bloor Street East, 6th Floor Toronto ON M4W 3M5 www.oct.on.ca
OSCA Ethical Guidelines for Ontario School Counsellors 2010 • www.osca.ca ■ 41