Page 4 - Professsional Advisory: Professional Misconduct of a Sexual Nature

Sexual abuse and sexual misconduct involving a student
Sexual abuse of a student by a member is defined under the OCTA to mean:
b) areasonablepersonwouldexpectthe behaviour or remarks to
o cause distress to students exposed to
the behaviour or remarks
o be detrimental to students’ physical or
mental well-being, or
o create a negative school environment
for students exposed to the behaviour or remarks.
Often, sexual abuse involves behaviour
or remarks of a sexual nature directed
at a student or students, whereas sexual misconduct involves behaviour or remarks of a sexual nature that are not directed at a particular student or students.
Building on the Ethical Standards and the Standards of Practice
Ontario Certified Teachers hold a unique position of trust and authority and are responsible for maintaining appropriate professional boundaries with students at all times. OCTs’ care for and commitment to students requires that they act in students’ best interests.
There is a distinction between the profes- sional and private life of a teacher. OCTs have private lives; however, their off-duty conduct4 matters and sound judgment and due care must be exercised in accordance with the Ethical Standards and the Standards of Practice For the Teaching Profession.
There are certain behaviours that may not be considered acts of professional misconduct on their own, but combined or repeated may lead to allegations of professional misconduct of a sexual nature. For example, simple texts about
a)
b) c)
sexual intercourse or other forms of physical sexual relations between the member and the student,
touching of a sexual nature, of the student by the member, or
behaviour, remarks or conduct of a sexual nature by the member, in person or electronically (such as texts and social media), towards the student.
Touching, behaviour or remarks of a sexual nature do not include:
• touching or behaviour that is necessary for the purposes of diapering, toileting, washing or dressing a student as part of a teacher’s professional responsibilities
• remarks that are pedagogically appropriate (for example, terms commonly used in health classes).
Sexual misconduct is defined under the OCTA to mean inappropriate behaviour or remarks of a sexual nature by the member, in person or electronically, where,
a)
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one or more students are exposed to the behaviour or remarks, or the member knows or should know that one or more students are likely to be exposed to the behaviour or remarks, and
OCTA, s. 1(1) and (2); ontario.ca/laws/statute/96o12
3
Ross v. New Brunswick School District No. 15, 1996 CanLII 237 (SCC); canlii.org/en/ca/scc/doc/1996/1996canlii237/ 1996canlii237.html; R. v. Audet, 1996 CanLII 198 (SCC); canlii.org/en/ca/scc/doc/1996/1996canlii198/1996canlii198.html; Toronto Board of Education v. OSSTF, District 15, 1997 CanLII 378 (SCC); canlii.org/en/ca/scc/doc/1997/1997canlii378/ 1997canlii378.html
2 PROFESSIONAL ADVISORY: PROFESSIONAL MISCONDUCT OF A SEXUAL NATURE