Page 3 - Professsional Advisory: Professional Misconduct of a Sexual Nature

Introduction
This advisory helps OCTs to identify the legal, ethical and professional parameters that govern their behaviour and aims to prevent professional misconduct of a sexual nature with students regardless of consent. It clarifies College members’ responsibil- ities to govern their conduct according
to professional standards, provincial
law and the Criminal Code. The advisory provides guidance and examples. It is not an exhaustive list of unacceptable behaviours.
The Ontario College of Teachers Act (OCTA) requires that the College investigate complaints made by a member of the public, a member of the College, the Registrar or the Minister of Education against members about their behaviour, including the alleged sexual abuse of students.
OCTs recognize the trust the public places
in them, work to maintain professional rela- tionships with students of any age, and avoid boundary violations.
OCTs are expected to behave professionally at all times. Ignorance of the law or College regulations is not an acceptable excuse for unprofessional behaviour. Engaging in any form of professional misconduct of a sexual nature with students will result in an investi- gation by the College.
The College’s Investigation and Discipline committees may consider this document when reviewing allegations of professional misconduct. The Discipline Committee determines whether particular behaviour constitutes professional misconduct based on the definitions of sexual abuse/miscon- duct and other types of professional misconduct contained in the OCTA and the Professional Misconduct Regulation2.
OCTs should consult their employers’ poli- cies to ensure that they know and follow the expectations and obligations in their particular workplaces and communities.
2 O. Reg. 437/97; ontario.ca/laws/regulation/970437
PROFESSIONAL ADVISORY: PROFESSIONAL MISCONDUCT OF A SEXUAL NATURE 1