Page 5 - Professsional Advisory: Professional Misconduct of a Sexual Nature

homework or assignments that become longer, personal discussions may show a progression of behaviour that is later judged as profes- sional misconduct. Showing favouritism to a particular student by singling them out or by spending time alone with them or buying them gifts might also be perceived as playing on the student’s vulnerability to lay the groundwork for a personal or sexual relationship. A series of seemingly innocent acts may be recognized later as a prelude or intended prelude to sexual abuse or sexual misconduct. This is sometimes referred to as grooming. These types of boundary violations should be avoided.
OCTs should not treat students as friends or peers, engage them in any kind of sexualized manner or attempt to initiate an inappro- priate relationship.
OCTs have a responsibility to avoid activi- ties that may reasonably raise concerns as to their propriety. Keeping this in mind can help members protect students by paying attention to interactions with students and noticing when relationships appear
to be inappropriate. Early recognition and intervention may prevent complaints to employers or the College.
Duty to Report
Members must take a student’s disclosure of abuse or exploitation seriously. By law, OCTs have an ongoing duty to report immediately to a children’s aid society if they suspect abuse.5 Failure to report can constitute professional misconduct. Reporting only to administrators is not enough. Reports must be made directly to a children’s aid society.
Adverse report exceptions
An OCT, subject to the Teaching Profession Act, who makes an adverse report con- cerning suspected sexual abuse of a student by another OCT need not provide that member with a copy or any informa- tion about the report.6
Ontario Certified Teachers shall not threaten or engage in reprisals against anyone who discloses, reports, or otherwise provides information with respect to alleged or suspected professional misconduct of a sexual nature. Engaging in this behaviour can constitute professional misconduct.
Mandatory penalty provisions
Changes to the OCTA have broadened the types of conduct that result in the mandatory revocation of an OCT’s certificate of quali- fication and registration. By law, a panel of the Discipline Committee must revoke a member’s certificate once it has found the member guilty of professional misconduct for engaging in the sexual abuse of a student, a prohibited act of child pornography (accessing, possessing, making, transmitting, distributing or making available), or a prescribed sexual act7. Such conduct may also result in criminal consequences. OCTs should be aware of these legislative changes and of the serious conse- quences for engaging in any form of sexual abuse of a student. There is zero tolerance
for the sexual abuse of a student by an OCT.
Sexual abuse and the use of social media
Electronic communication encompasses social media and other messaging forms that enable users to interact, create, share
5 Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1, s. 125; ontario.ca/laws/statute/17c14; O.Reg. 437/97, s. 1, para. 27
6 Teaching Profession Act, R.S.O. 1990, c. T.2, s. 12(2); ontario.ca/laws/statute/90t02
7 OCTA, s. 30.2(1) and (2). “Prescribed sexual act” is defined in s. 1(1) to mean “an act of a sexual nature that is prohibited
under the Criminal Code...and is prescribed by a regulation made” by the government; ontario.ca/laws/statute/96o12 PROFESSIONAL ADVISORY: PROFESSIONAL MISCONDUCT OF A SEXUAL NATURE 3