THE DUTY TO SUPERVISE presented by the OPC Protective Services Team Hosted on behalf of
StudentsTeachersSchool-based staffBoard employees: Academic Board employees: Plant Who Do Principals Supervise?
VIDEO CHAT The Duty To Supervise View Video
StudentsTeachersSchool-based staffBoard employees: Academic Board employees: Plant Regular SPE Sect.23 E-learn’s Contract Occasional VP ECE EA Office Adm Custodians Psychologist Social Work Speech/ Lang Autistic Svs Behaviour Oth Supports Contractors Maintenance Trades Principals Supervise
VIDEO CHAT 2 Supervision of Performance View Video
Performance: “About the Work”
Authority To Supervise Performance StudentsStaff Education Act R.S.O Regulations: 298 Operations of Schools 306 Special Education Programs and Services 374/10 Supervised Alternative Learning and other Excusals from Attendance at School 181/98 – Identification and Placement of Exceptional Pupils PPM 142 – School Board Programs for Expelled Students PPM 146 – Revisions to Credit Requirements etc. Education Quality and Accountability Office Act, 1996 Education Act R.S.O X.0.1 New Teacher Induction & Reg. 266/06 X.2 Teacher Perf, Appraisal & Reg. 99/02 X.3 Designated ECE XI – Supervisory Officers & Reg. 309 XI.1 – Performance Appraisal of Principals 265 (m) Duties of Principals Reg. 298 Operations of Schools. Reg. 98/02 Teacher Learning Plans Ontario College of Teachers Act, 1996 Reg. 437/97 Professional MIsconduct Ontario Human Rights Code R.S.O. 1990
Board Policies that Relate to the Supervision of Performance StudentsStaff Special Education Plan SALEP Reporting to parents Policies relating to: New Teacher Induction TPA PPA Performance appraisal of support staff Collective Agreement Accommodation of disability*
VIDEO CHAT 3 Supervision of Behaviour View Video
Behaviour = Conduct: “About the Worker” V.S.
Authority to Supervise Behaviour StudentsStaff Ed. Act Part XIII Behaviour, Discipline & Safety Ed Act 265 (m) Reg. 298 Duties of P, T, and Pupil Reg. 472/07 Behaviour, Discipline, and Safety of Pupils PPM 144 Bullying Prevention PPM145 Progressive Discipline Education Act R.S.O Act X.O.1, X.2, X.3, XI, XI.1 Ontario Labour Relations Act S.O Ontario Health & Safety Act R.S.O Employment Standards Act 2000 Child & Family Services Act R.S.O Ontario Human Rights Code R.S.O Ontario College of Teachers Act 1996 * O. Reg 437/97 Professional Misconduct Municipal Freedom of Information Protection of Privacy Act R.S.O. 1990
Board Policies that Inform the Supervision of Behaviour StudentsStaff Safe Schools Policy Bullying Prevention Policies Cole of Conduct DSB Discipline/Culpable Behaviour Collective agreement, past practice and arbitral decisions
Objective Measure
Progressive Discipline 1. Verbal Warning 2. Written Warning (copy to HR file) 3. Written Discipline/Reprimand 4. Suspension with pay 5. Suspension w/o pay 6. Dismissal N.B. Very serious misconduct may justify starting process at a higher step
VIDEO CHAT 4 The Role of the District School Board View Video
Board Support: What does it Look Like?
Off-Duty Conduct: Can these board employees be dismissed?
VIDEO CHAT 5 The Role of the Union View Video
Collective Agreement: Just Cause
Labour Relations: What is the Principal’s Role?
Process is Your Friend!
VIDEO CHAT 6 Disability Management View Video
VIDEO CHAT 7 Accountability View Video
Bad Behaviour: Possible Adjudicators College of Teachers Was the behaviour professional misconduct? Incapacity? Tribunals Did bad behaviour occur? Was the process fair? Employer Board Did bad behaviour occur? What discipline, if any, will be imposed? Civil Justice System * Did bad behaviour result in injury, loss? Criminal Justice System Was the bad behaviour criminal? Steps: Discipline or Fitness to Practice Investigation * Dispute resolution or Hearing Outcomes: Exoneration* Limitations Undertakings Revocations Venues: Grievance Arbitration OHR Tribunal Occ HS Bd Discipline upheld, modified, or quashed Steps: Investigation Exoneration Discipline Steps: Lawsuit filed Investigation* Examination for Discovery* Trial * settlement Award made to plaintiff if loss/injury determined and quantified Police Investigation Charge Trial Not guilty Guilty/Penalty
The Ontario College of Teachers
OPC Resources
Principal as “Agent of the Board”
Thank You for participating THE DUTY TO SUPERVISE presented by the OPC Protective Services Team Hosted on behalf of