2. Disclaimer In this workshop, we discuss legal issues. The information provided is not intended as legal advice/counsel. It is an overview of the issues. For assistance, please contact a Professional Services Consultant at the OPC Office at 1-800-701-2362.

3. Act Regulation PPM Board Policy

4. Who do principals supervise?

5. Principals supervise: StudentsTeachers School Staff Board Employees: AcademicBoardEmployees:Plant  Regular  SPE  Sect.23  E-learners  Contract  Occasional  VP  ECE  EA  Office Adm  Custodians  Psychologist  Social Work  Speech/ Lang  Autistic Svs  Behaviour  Oth Supports  Contractors  Maintenance  Trades

6. By what authority do principals supervise Performance? StudentsStaff

7. Authority to supervise Performance StudentsStaff Education Act R.S.O. 1990 Education Act R.S.O. 1990 298 Operations of Schools 298 Operations of Schools 306 Special Education Programs and Services 306 Special Education Programs and Services 308 - SALEP 308 - SALEP 181/98 – Identification and Placement of Exceptional Pupils 181/98 – Identification and Placement of Exceptional Pupils PPM 142 – School Board Programs for Expelled Students PPM 142 – School Board Programs for Expelled Students PPM 146 – Revisions to Credit Requirements etc. PPM 146 – Revisions to Credit Requirements etc. Education Quality & Accountability Office Act, 1996 Education Quality & Accountability Office Act, 1996 Education Act R.S.O. 1990 Education Act R.S.O. 1990 X.0.1 New Teacher Induction & Reg. 266/06 X.0.1 New Teacher Induction & Reg. 266/06 X.2 Teacher Perf. Appraisal & Reg. 99/02 X.2 Teacher Perf. Appraisal & Reg. 99/02 X.3 Designated ECE X.3 Designated ECE XI – Supervisory Officers & Reg. 309 XI – Supervisory Officers & Reg. 309 XI.1 – Performance Appraisal of Principals XI.1 – Performance Appraisal of Principals Reg. 298 Operations of Schools Reg. 298 Operations of Schools Ontario College of Teachers Act, 1996 Ontario College of Teachers Act, 1996 Ontario Human Rights Code R.S.O. 1990 Ontario Human Rights Code R.S.O. 1990

8. Board Policies that relate to the supervision of Performance StudentsStaff Special Education Plan Special Education Plan SALEP SALEP Reporting to parents Reporting to parents Policies relating to: New Teacher Induction New Teacher Induction TPA TPA PPA PPA Performance appraisal of support staff Performance appraisal of support staff Collective Agreement Collective Agreement Accommodation of disability* Accommodation of disability*

9. By what legal authority do principals supervise behaviour? StudentsStaff

10. Authority to supervise behaviour StudentsStaff Ed. Act Part XIII Ed. Act Part XIII Behaviour, Discipline & Safety Ed Act 265 (m) Ed Act 265 (m) Reg. 298 Duties of P, T, and Pupil Reg. 298 Duties of P, T, and Pupil Reg. 472/07 Behaviour, Discipline, and Safety of Pupils Reg. 472/07 Behaviour, Discipline, and Safety of Pupils PPM 144 Bullying Prevention PPM 144 Bullying Prevention PPM145 Progressive Discipline PPM145 Progressive Discipline Education Act R.S.O. 1990 Act X.O.1, X.2, X.3, XI, XI.1 Education Act R.S.O. 1990 Act X.O.1, X.2, X.3, XI, XI.1 Ontario Labour Relations Act S.O. 1995 Ontario Labour Relations Act S.O. 1995 Ontario Health & Safety Act R.S.O. 1990 Ontario Health & Safety Act R.S.O. 1990 Employment Standards Act 2000 Employment Standards Act 2000 Child & Family Services Act R.S.O. 1990 Child & Family Services Act R.S.O. 1990 Ontario Human Rights Code R.S.O. 1990 Ontario Human Rights Code R.S.O. 1990 Ontario College of Teachers Act 1996 Ontario College of Teachers Act 1996 O. Reg 437/97 Professional Misconduct O. Reg 437/97 Professional Misconduct

11. By what board policy do principals supervise behaviour? StudentsStaff

12. Board policies that inform the supervision of behaviour StudentsStaff Safe Schools Policy Safe Schools Policy Bullying Prevention Policies Bullying Prevention Policies Code of Conduct Code of Conduct Collective Agreement Collective Agreement Occupational Health and Safety Policy Occupational Health and Safety Policy Child Protection Policy Child Protection Policy Harassment Policy Harassment Policy DSB Discipline policy DSB Discipline policy Code of Conduct Code of Conduct

14. Supervision of staff

16. Discipline/Performance Review: Delivering…

17. Triggers of complaints by staff 1.Change 2.Discipline* 3.Performance Appraisal* 4.Management Style* 5.Mental Health* 6.Meta-labour Relations

18. Supervision: Potential Complaints : To: Employer Board Alleging: Harassment Incompetence Misconduct To: Tribunals Alleging: Poor process To: College of Teachers Alleging: Prof. Misconduct “Failure to supervise” To: Civil Justice (Lawsuit) Alleging: Injury, loss Defamation To: Criminal Justice Alleging: Assault Theft By:Employees/unionSO Investigation Discipline Demotion Dismissal By: Union By: Union Griev /Arb Lab Rel Bd OHR Tribunal By: Parent SEAC/SEAB OHR Tribunal By: Parent/ Teacher   Investigation Dispute Resolution Hearing Discipline By: Parent Investigation Examination for Discovery Trial (rare) By: Police Rare Investigation Charge Trial

19. Typical Complaints: Human Rts or Workplace Harassment http://www.hrto.ca The Human Rights Tribunal of Ontario

20. Allegations of Harassment: Typical Grievances

21. Allegations of Harassment: Responding with OPC Assistance

22. Principals do not supervise parents or visitors

23. ONTARIO REGULATION 437/97 Professional Misconduct TABLE DISCUSSION

24. Principles of Staff Supervision Be compassionate, fair, and brave Consult with Senior Staff Follow Board Policy Scrupulously Look for win-win situations Give clear notice of expectations Be proactive Keep an open mind Seek first to understand Be prepared Hope for the best; plan for the worst Trade short-term cost for long term benefit Pick your battles Don’t take it personally Aim for joint decision Show respect