1 Kimberley Ishmael (416) 367-7698 [email protected]

2 Conducting Student Discipline InvestigationsKawartha Pine Ridge District School Board Principals’ and Vice Principals’ Professional Development Session Ontario, Canada February 24, 2016

3 Media Suspensions and expulsions have a disproportionate impact on Black and racialized minority students as well as students with disabilities Suspensions spike in Toronto’s K-3 grades In , 12 percent of all suspensions were given to primary students; the figure was 6.7 % just 3 years prior 79.5% were given to male students 41.7% lasted one day 31.8 % of follow-up interventions used by schools was a meeting with parents or guardians 15.3% were related to fighting “In some communities in Ontario, special education students are suspended at twice the rate of students generally. In some cases, students that have difficult special education needs are receiving multiple suspensions, not as a disciplinary measure, but as a means of making it easier for the school to maintain control in the classroom” Is this reflective of the province Is rise in the suspensions in JK as a result of FCK

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5 “Behaviour that is not addressed becomes accepted behaviour”Shaping a Culture of Respect in Our Schools: Promoting Safe and Healthy Relationships, p.9.

6 Legal Framework Human Rights Code, (Ontario) R.S.O. c. H. 19Education Act, R.S.O c. E.2 Part XIII – Behaviour, Discipline and Safety O. Reg 472/07 – Behaviour, Discipline and Safety of Pupils Bill 212, Education Amendment Act (Progressive Discipline and School Safety) – came into force on February 1, 2008 – - prior legislation – Safe Schools Act, 2000 – at that time – mandatory suspensions – teachers had the authority to suspend student - mandatory expulsions – impose a limited (principal can give) or full expulsion (by expulsion hearing only)  full expulsion meant – not entitled to attend any school in the province ntil you attend a Strict-Discipline program– imposed by

7 Legal Framework Ministry of Education Policy/Program MemorandaPPM 120 – Reporting Violent Incidents to the Ministry of Education PPM 128 – Provincial Code of Conduct and School Board Code of Conduct PPM School Board Programs for Students on Long-Term Suspension PPM School Board Programs for Expelled Students PPM 144 – Bullying Prevention and Intervention PPM 145 – Progressive Discipline and Promoting Positive Student Behaviour PPM 119 – Equity and Inclusive Education Policies in Ontario Schools School Board Policies & Procedures Ppm 120 – Boards are required the total# of violent incidents on an annual basis to MoE thru OnSIS Ppm 128 – highlights revised Code of Conduct should include prevention of bullying in schools

8 Legal Framework Criminal Code of Canada/ Youth Criminal Justice ActMunicipal Freedom of Information and Protection of Privacy Act Statutory Powers and Procedures Act

9 Safe Schools: Progressive DisciplinePromoting positive student behaviour Preventing inappropriate behaviour Providing early and ongoing intervention Practicing progressive discipline by addressing inappropriate behaviour with appropriate consequences S Purpose Promote student behaviour through programs, extra curricular activities, positive reinforcement of character development Prevent inappropriate behaviour through programs like bullying prevention (bullying awareness and prevention week (s ), equity and inclusivity clubs that raise awareness of issues, Early and ongoing intervention – when issues arise, do not wait ..address issues as learning opportunities, offer individualized supports – supports from guidance, social workers and psychologists, as appropriate – ex. Anger management, substance abuse issues - KPR Discipline Policy – discusses Prevention and Supportive Intervention Strategies p. 8 – organized, great suggestions for various age groups – primary to junior, intermediate and secondary divisions - ppm 145 – progressive discipline is a whole-school approach – disciplinary measures should be applied within a framework that shifts the focus from one that is solely punitive to one thaatis both corrective and supportive

10 Responding to IncidentsProgressive Discipline Spectrum Informal – re-direct, counselling, time out, verbal reprimands, meetings with parents, withdrawal of privileges, restorative circle, mediation Formal – suspension, expulsion Considerations: Human Rights Code factors; socio-economic, age Progressive discipline is an approach that enables the P to choose the appropriate in the circumstances Important elements:  engaging parents – ongoing dialogue with parents about student achievement and behaviour - turn behaviour into teachable moments  looking at academic challenges – is the student engaged? Does the academic programming suit the child’s strengths and weaknesses,  consider external partnerships - responses to behaviours that are contrary to the Board’s code of conduct must be developmentally appropriate

11 Education Act Part XIII Behaviour, Discipline and SafetyReporting to the principal 300.2 (1) An employee of a board who becomes aware that a pupil of a school of the board may have engaged in an activity described in subsection 306 (1) or 310 (1) shall report to the principal of the school about the matter.  2009, c. 17, s. 1; 2012, c. 5, s. 8 (1). Same (2) An employee shall report to the principal as soon as reasonably possible or, if a different time period is specified by the policies or guidelines, within that time period.  2012, c. 5, s. 8 (2). Principal’s duty to investigate (3) A principal shall investigate any matter reported under subsection (1).  2012, c. 5, s. 8 (2). .

12 Education Act – SuspensionS.306(1) A principal shall consider whether to suspend a pupil if he or she believes that the pupil has engaged in any of the following activities while at school, at a school-related activity or in other circumstances where engaging in the activity will have an impact on the school climate: 1. Uttering a threat to inflict serious bodily harm on another person. 2. Possessing alcohol or illegal drugs. 3. Being under the influence of alcohol. 4. Swearing at a teacher or at another person in a position of authority. 5. Committing an act of vandalism that causes extensive damage to school property at the pupil’s school or to property located on the premises of the pupil’s school. 6. Bullying. 7. Any other activity that is an activity for which a principal may suspend a pupil under a policy of the board.  2007, c. 14, s. 4. . s. 306 – shall consider – not mandatory suspension - Pupil engaged in any of the following activities – while at school, at a school-related activity or in other circumstances where engaging in the activity will have an impact on the school climate

13 Education Act – cont’d Suspension – cont’dFactors principal must consider (2) In considering whether to suspend a pupil for engaging in an activity described in subsection (1), a principal shall take into account any mitigating or other factors prescribed by the regulations.  2007, c. 14, s. 4. Suspension (3) If a principal decides to suspend a pupil for engaging in an activity described in subsection (1), the principal shall suspend the pupil from his or her school and from engaging in all school-related activities.  2007, c. 14, s. 4. Duration of suspension (4) A suspension under this section shall be for no less than one school day and no more than 20 school days and, in considering how long the suspension should be, a principal shall take into account any mitigating or other factors prescribed by the regulations.  2007, c. 14, s. 4. - Mitigating and other factors at play at both stages – i) in determining whether to suspend – must consider mit and other and ii) when determining duration of suspension – mit an other factors

14 Suspension, Investigation and Possible ExpulsionS.310 – Activities leading to suspension A principal shall suspend a pupil if he or she believes that the pupil has engaged in any of the following activities while at school, at a school-related activity or in other circumstances where engaging in the activity will have an impact on the school climate: 1. Possessing a weapon, including possessing a firearm. 2. Using a weapon to cause or to threaten bodily harm to another person. 3. Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner. 4. Committing sexual assault. 5. Trafficking in weapons or in illegal drugs. 6. Committing robbery. 7. Giving alcohol to a minor.

15 Suspension, Investigation and Possible Expulsions. 310 – cont’d 7.1 Bullying, if, i. the pupil has previously been suspended for engaging in bullying, and ii. the pupil’s continuing presence in the school creates an unacceptable risk to the safety of another person. 7.2 Any activity listed in subsection 306 (1) that is motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identity, gender expression, or any other similar factor. 8. Any other activity that, under a policy of a board, is an activity for which a principal must suspend a pupil and, therefore in accordance with this Part, conduct an investigation to determine whether to recommend to the board that the pupil be expelled.  2007, c. 14, s. 4; 2012, c. 5, s. 14. . Appellant v. TCDSB – s.310(1)(8) - relying on board policy under which there was a mandatory suspension for the alleged activity– then policy language “must” suspend pending possible expulsion – in this case language was permissive not mandatory – CFSRB found that the policy did not require the principal to suspend on this ground – no basis for an expulsion – expulsion quashed N.N. v. Rainbow District School Board 011 CFSRB 9 – another circumstance where policy was not explicit “an activity for which a principal MUST suspend”

16 Suspension Pending Expulsion –cont’dSame (2) A pupil who is suspended under this section is suspended from his or her school and from engaging in all school-related activities.  2007, c. 14, s. 4. Duration of suspension (3) A principal may suspend a pupil under this section for up to 20 school days and, in considering how long the suspension should be, the principal shall take into account any mitigating or other factors prescribed by the regulations.  2007, c. 14, s. 4. Assignment to program, etc. (4) When a principal suspends a pupil under this section, he or she shall assign the pupil to a program for suspended pupils in accordance with any policies or guidelines issued by the Minister.  2007, c. 14, s. 4. - Suspended from his/her school and from engaging in all school-related activities

17 Investigation Investigation following suspension311.1 (1) When a pupil is suspended under section 310, the principal shall conduct an investigation to determine whether to recommend to the board that the pupil be expelled.  2007, c. 14, s. 4. Conduct of investigation (2) The principal’s investigation shall begin promptly following the suspension and shall be conducted in accordance with the requirements established by board policy and, for the purpose of the investigation, the principal has the powers and duties set out in the policy.  2007, c. 14, s. 4. .

18 Investigation – cont’dSame (3) As part of the investigation, the principal shall make all reasonable efforts to speak with the following persons: 1. The pupil. 2. The pupil’s parent or guardian, unless, i. the pupil is at least 18 years old, or ii. the pupil is 16 or 17 years old and has withdrawn from parental control. 3. Any other person whom the principal has reason to believe may have relevant information.  2007, c. 14, s. 4. Factors principal must consider (4) In considering whether to recommend to the board that the pupil be expelled, a principal shall take into account any mitigating or other factors prescribed by the regulations.  2007, c. 14, s.  4.

19 Investigation – cont’dIf expulsion not recommended (5) If, on concluding the investigation, the principal decides not to recommend to the board that the pupil be expelled, the principal shall, (a) confirm the suspension and the duration of the suspension; (b) confirm the suspension but shorten its duration, even if the suspension has already been served, and amend the record of the suspension accordingly; or (c) withdraw the suspension and expunge the record of the suspension, even if the suspension has already been served.  2007, c. 14, s. 4.

20 Investigation- cont’dFollowing investigation, P determines: -- If no recommendation for expulsion  provide written notice re suspension – confirming the duration or withdrawing suspension Unless withdrawn, provide information about the right to appeal the suspension under the board policy etc. - If recommendation for expulsion - prepare Principal’s report – summarizing Principal’s findings and recommendation in accordance with Board policy and procedures

21 Mitigating Factors – O. Reg. 472/07CONSIDER MITIGATING AND OTHER FACTORS: Mitigating factors 2.  For the purposes of subsections 306 (2), 306 (4), 310 (3), (4) and clauses (7) (b) and (2) (b) of the Act, the following mitigating factors shall be taken into account: 1. The pupil does not have the ability to control his or her behaviour. 2. The pupil does not have the ability to understand the foreseeable consequences of his or her behaviour. 3. The pupil’s continuing presence in the school does not create an unacceptable risk to the safety of any person. Ask the question – DOES the pupil….. - mitigating and other factors must be considered for suspensions – when considering whether to suspend a student; again when deciding length of suspension (306(2) and (4)) Mitigating and other factors must be considered for expulsions – duration of suspension (310(3)) and when deciding whether to recommend to the board that the pupil be expelled (311.1(4))

22 Other Factors – O. Reg. 472/07 Other factors…3.  …..the following other factors shall be taken into account if they would mitigate the seriousness of the activity for which the pupil may be or is being suspended or expelled: 1. The pupil’s history. 2. Whether a progressive discipline approach has been used with the pupil. 3. Whether the activity for which the pupil may be or is being suspended or expelled was related to any harassment of the pupil because of his or her race, ethnic origin, religion, disability, gender or sexual orientation or to any other harassment. 4. How the suspension or expulsion would affect the pupil’s ongoing education.

23 Other Factors – cont’d 5. The age of the pupil.6. In the case of a pupil for whom an individual education plan (IEP) has been developed, i. whether the behaviour was a manifestation of a disability identified in the pupil’s individual education plan, ii. whether appropriate individualized accommodation has been provided, and iii. whether the suspension or expulsion is likely to result in an aggravation or worsening of the pupil’s behaviour or conduct.

24 BREAK -

25 Reporting/Responding to IncidentsBoard employees who work directly with students must respond to any student behaviour that is likely to have a negative impact on the school climate Includes: serious student incidents and all inappropriate and disrespectful behaviour at any time at school and at any school-related event if, in the employee’s opinion, it is safe to respond to it (ss , O. Reg 472/07) Inappropriate behaviour – bullying, swearing, homophobic or racial slurs, sexist comments or jokes Board employee is not required to respond if responding would, in the employee’s opinion, cause immediate physical harm to himself or herself or to that of a student or another person . Ppm 145 – accepting schools act - bill 13 –bullying added(can refer for positive school climate - school climate is defined in PPM = as the learning environment and relationships found within a school and school community  positive school climate – exists when all members of the school community feel safe, included, and accepted and actively promote positive behaviour and interactions s – reporting to the principal – an ee of a board who becomes aware that a pupil may have engaged in an activity described in ss 306 or 310 SHALL report to the principal of the school about the matter Same (2) An employee shall report to the principal as soon as reasonably possible or, if a different time period is specified by the policies or guidelines, within that time period.  2012, c. 5, s. 8 (2). Principal’s duty to investigate (3) A principal shall investigate any matter reported under subsection (1).  2012, c. 5, s. 8 (2). S ((4) Informing Reporter – the principal shall communicate the result of the investigation to – (a) if the matter was reported by a teacher, that teacher; or if the matter was reported by an employee who is not a teacher, that employee unless, in the principals opinion, it would not be appropriate to do so.

26 Communication Issues – cont’dNotify the parent/guardian of students who have harmed another student about the incident, when the students’ behaviour could lead to them being suspended or expelled (s (1)) Invite the parents to discuss the supports that will be provided Invite the parents/guardians of the student who was harmed in the incident to discuss the supports that will be provided to their child. Notify, as soon as reasonably possible, and disclose The nature of the activity that result in harm; nature of the harm to the student; steps taken to protect the student’s safety; and supports that will be provided Communicate with staff who reported an incident which could lead to a student getting suspended or expelled Inform them about the result of their investigation into the incident . s (5) – P shall not disclose more personal info than is reasonably necessary for communicating the result of the investigation s. 300(3) – Notice to parent O. Reg 472/07 – section 7 – outlines where no notification to parent/guardian If no notification to parent/guardian of the pupil because (3) (would put pupil at risk of harm, no notification) – a) document the ration for decision not to notify (B) inform SO of the decision not to notify © inform teacher of decision, if applicable and (d) inform other board ees, if appropriate -nature of any disciplinary measures taken in response to the activity – recommend – formal vs. informal – do not disclose the name or any other identifying or personal information about a student

27 Preliminary ConsiderationsIs this a situation which requires mandatory suspension and possible expulsion? (s. 310) Keeping the timelines in mind (20 school days) Evaluate whether the allegations require reporting to the police – refer to Board policy and Local Police/School Board Protocol If a report is made to police and the police investigate the situation, the School must still conduct its own investigation If mandatory suspension and possible expulsion – s. 310 – this initiates the 20-day suspension pending expulsion - CFSRB’s recent decisions expunging expulsions on a technicality that Board policy did not clearly require a 20-day mandatory suspension pending expulsion – Nothwithstanding this – in our opinion must consider mitigating and other factors prior to deciding whether to impose the initial suspension – caution this strict application for students with special needs - police may direct school to wait for the police investigation to be completed and/or receive direction that the School can proceed without impeding the police investigation - CHECK BASIS FOR THIS Re timelines

28 Preliminary Considerations – cont’dIf a report is made to police and police investigation leads to YCJA charges, ensure compliance with YCJA confidentiality protections - “ensure the safety of staff, students or other persons” s. 125(6), YCJA (only as needed) References to arrests, charges and/or any further YCJA proceedings should not be considered a relevant factor in the school’s investigation of the activity Proceed with Board investigation pursuant to Board policy and procedure . Do not rely on YCJA information as reason to not impose discipline Criminal proceedings should remain separate from school investigation and appropriate consequence- different standard of proof, different objectives and potential outcomes --DNA or court conditions can be removed and school may be out of time to proceed with school discipline

29 Investigation Tips Conduct interview of the complainant, the student facing allegations, and any witnesses who may have relevant information (including witnesses suggested by the parties) Questions should be open-ended and not leading Remember the 5 Ws: Who, what, where, when and why Consider having two Board representatives present during interviews Consider involvement of parent/guardians One to conduct interview, one to take notes Confirm the reason for 2 people being present

30 Investigation Tips –cont’dConduct follow up interviews where necessary to obtain all relevant information Consider student witness statements in addition to interview notes, signed and dated by the witness - as appropriate and consistent with Board policy and procedures Preserve confidentiality! – Only disclose limited information as necessary to further the investigation Always interview witnesses individually (avoid contact between witnesses prior to the interview in order to maintain objectivity) .

31 Investigation tips – cont’dStudent facing allegations is typically the last to be interviewed – A summary of key allegations should be presented in order that s/he can provide a detailed response If the student is not available to be interviewed, offer additional opportunities and/or a written statement option If the student does not wish to make a statement on the advice of their legal counsel or for any other reason, proceed with investigation but avoid any adverse inference or judgment about the student -

32 Investigation tips – cont’dNotes should be detailed and factual, without judgment or opinion. Inquire about any objective evidence the student may have, such as text messages, s, photos, videos, etc. (and obtain copies if possible). - Or witnesses

33 Procedural Fairness and Natural JusticeImpartiality is key: Resist the urge to pass judgment until all evidence has been collected Follow Board process – Give all involved parties an opportunity to be heard –

34 Procedural Fairness- cont’dAfford procedural fairness and natural justice to the student: The student is entitled to know the nature of the allegations and have the opportunity to respond to the allegations If there are parallel YCJA proceedings, the student may refuse to respond to any allegations or to be interviewed at all The student must be presumed to be innocent and all students should be treated equitably, fairly The decision regarding the conduct must be made by an impartial decision maker Evidence should be assessed objectively Avoid parental pressure, impact of highly emotional victim

35 Evidentiary Issues Social Media Texting SearchesCell Phone When school board can search generally: reasonable ground to believe breach of school rule and the search will reveal evidence of such a breach R. v. M. (M.R.), [1998] 3 S.C.R. 393 seek consent, or refer to office / S.O. / legal Video Surveillance YCJA – DNA/court conditions Search of the Person R. v. M.R.M. (SCC, 1998) – VP had info from several students that M had drugs and was planning to sell them at the school dance – VP asked M to empty his pockets and unroll his socks, in presence of police officer - found marijuana, which was turned over to police – SCC concluded that students has a subjective expectation of privacy of their person – principal must have reasonable grounds to suspect an infraction before conducting a search - search itself must be conducted in a reasonable manner, t Searching student’s devices – limited right to search devices - no right to randomly review all of the student’s stored personal information – no right to act on any other information inadvertently discovered if beyond the scope of the original search Confiscate phone if actions contrary to Board/School Code of conduct – if password protected, can ask student to show, if not then Ratt as litigation Guardians for Jared Constant-Daniels v. Tournier and Saskatchewan Rivers School Division, [2014] SKQB 353 (CanLII) -school policy was no cell phones in class – student refused to stop texting and turn over phone – unusual behaviour for him -first text of cell phone searched by V.P. – Court agreed that had reasonable grounds and duty to maintain safety R. v. Fearon, 2014 SCC 77, [2014] S.C.R -Cell phones/personal computers “intensely personal and uniquely pervasive sphere of privacy” -A very high expectation of privacy, requiring “rigorous protection”. -Contain vast amounts of information that will be unrelated to infringement being investigated or evidence sought. -Different in nature to any other property.

36 Determining the Appropriate ActionWhen considering appropriate disciplinary response the following “should be taken into account” The particular student and circumstances The nature and severity of the behaviour The impact on the school climate, including the impact on students or other individuals in the school community (PPM 145) Consider the Mitigating and Other Factors, particularly if the student is identified as exceptional (o. Reg 472/07) Determine whether discipline is appropriate, and if so, the appropriate degree of discipline At the conclusion of the investigation, carefully evaluate the findings to determine the appropriate action - Review the process of investigation – fact-finding – gaps, balance of probabilities – did the event occur

37 Exclusion Is discipline inappropriate in the circumstances?S. 265(1)(m) – Duties of a Principal access to school or class (m) subject to an appeal to the board, to refuse to admit to the school or classroom a person whose presence in the school or classroom would in the principal’s judgment be detrimental to the physical or mental well-being of the pupils;

38 Special Education and SafetyBonnah Court of Appeal decision (2003) s. 265(1)(m) denial of access applicable to students with special needs if safety concerns Cannot use s. 265(1)(m) for unilateral transfer of placement, but Board should have excluded student if unsafe, offered alternative placement to parents, and if parents do not consent, student would remain excluded pending resolution of special education appeals Therefore, may deny access to student, but only can limit educational rights to the extent needed (removal from classroom if sufficient rather than from whole school)

39 Special Education and SafetySchafer v. Toronto District School Board, 2010 HRTO 403 alleged that two suspensions imposed were discriminatory because the board failed to take adequate account of the impact of the applicant’s disabilities in determining his culpability or in determining an appropriate penalty

40 Special Education and Safety“I emphasize that my task here is not to second guess the TDSB’s decision to suspend or the length of the suspension. My focus is on whether the applicant’s special needs were considered in the suspension process, from investigation to discipline. There is no question in my mind that the TDSB did consider the applicant’s special needs throughout the process and accommodated them.”

41 General Tips Reinforce expectations of students and staffReview Board and School Code of Conduct, and consequences for misconduct Staff in-servicing regarding Board policies/procedures and guidelines (MoE PPMs, Code, MFIPPA, YCJA) Conduct an objective investigation Present a balanced view of the evidence and indicate how the evidence supports your decision/recommendation in an objective manner Always leave witness statements intact do not rush quickly to conclusions on discipline before completing investigation Never remove information except personal information relating to a third party, or other information that cannot legally be disclosed

42 General Tips – cont’d BEFORE INCIDENT OCCURS:documentation of supports provided and progressive discipline communicate with family so no surprises (and keep notes) DURING INVESTIGATION: objective investigation – if disclose statements leave intact communications with parents of victim – do not allow them to influence decision / keep consequences confidential

43 Adele Adele is a spunky 4 year old who started full day kindergarten in the fall. Adele was excited to start "big girl" school and walk to and from school with her older siblings Sarah, 7, and Tom, 10. Adele enjoys arts and crafts, but finds circle time or other assigned tasks difficult. She gets restless as the day progresses, which often leads to distracting herself and others. Adele's frustrations with the structured day have resulted in tantrums, shoving and yelling outbursts in class and during recess. When Adele did not get her way, she would get angry, yell and stomp out of the room.

44 Students in Ms. Patterson's class have been complaining about Adele's shoving and pushing at recess time. Ms. P has also received messages from other students' parents about Adele's inappropriate use of force resulting in scratches and hurt feelings of her peers and requests that Ms. P "do something about it". Two parents were adamant that it was a case of bullying that was not being appropriately addressed by the School. Last week, when Ms. Patterson told Adele she would not be able to go out for recess because of her behaviour, she spit at the teacher.

45 Over the next couple weeks, MsOver the next couple weeks, Ms. Patterson continued to speak with Adele about the inappropriate use of her hands on others and suggested key words Adele could use when she felt unable to focus so that she could give her a break rather than getting into trouble. Ms. Patterson, a teacher for only two years, felt the pressure of parents' frequent requests to "discipline" Adele and decided to report these concerns to the Principal, Ms. Morneau. The Principal suggested she continue to monitor the behaviour, and provided some strategies for addressing parents' concerns.

46 One afternoon, on his way home from School, Tom got into a fight with some of his friends. Tom overheard his friend, George, say that "his dad was going to get Adele kicked out of school" and that she was "a bully and a stubborn brat". Tom was upset by these comments, and told them to stop talking about his little sister that way 'or else'. George, an athletic Grade 8 student at school, challenged Tom to a duel and both students suffered black eyes and bruises as a result. Adele witnessed the fight and is extremely upset over how hurt Tom was. Tom and George are no longer friends and George's parents want Adele and Tom punished for their behaviour. Adele feels like everyone hates her and refuses to go back to school. Are there infractions that should be addressed by the teacher? the Principal? Are there mitigating and other factors at play? If so, which ones? What information should be shared with the parents? What would be an appropriate consequence in the circumstances?

47 break

48 On Monday morning, shortly after the beginning of first period at Bracebridge Collegiate ("the School"), Mr. Donohue, head of the School Council, stormed into the Principal's office adamant to speak with the Principal. The School Secretary called for the Principal who was in a meeting with a parent, and suggested that the Vice-Principal meet with him to address his concerns. Ms. Young, one of the School's Vice-Principals, recognized Mr. Donohue, father to Taylor, a Grade 10 student, and offered to meet with him immediately. Ms. Young was Taylor's Vice-Principal, assigned by alpha. Mr. Donohue advised that Taylor was at a party last Saturday night with a bunch of other students from the School and there was illegal drinking and drug use. The party was held at Taylor's friend's house and got "wild" after Justin and his buddies arrived with a 'bag of goodies'. Taylor's drink was allegedly spiked with illegal drugs, and she had an allergic reaction requiring medical treatment at the hospital.

49 Mr. Donohue insisted that Justin was a known drug dealer in the community and was providing 'freebies' to students at school to expand his business. Mr. Donohue alleged that School staff had witnessed the transactions occurring at school, in hallways and outside washrooms, and turned a blind eye. Mr. Donohue also believed that students had taken pictures of each other drinking and suggested that there was video footage on cell phones and on social media of Justin bragging about his extra cash and a "high"- end lifestyle. Mr. Donohue insisted that Justin and his 'gang' be expelled and advised that he had already contacted the police about laying charges against Justin.

50 Justin's Profile Age: 16 Grade: 11Absences/Lates:1.0 day authorized; 22.0 days unauthorized; 15.0 lates Discipline History: 3 suspensions: breach of board code of conduct – swearing at a teacher (1 day); under the influence of alcohol (3 days) and possession of illegal drugs - marijuana (5 days).Credits: 4 credits – % range Identified as an exceptional pupil, Communication: Learning Disability, Placement: Regular Classroom with Withdrawal Support. There is correspondence in Justin's OSR regarding CAS involvement. Justin immigrated from Jamaica as a child and has been in and out of various group homes during elementary school and recently moved to the area to live with a distant aunt to attend school within the board's jurisdiction. Biological parental support is not known, although the aunt is active guardian. Limited economic means as aunt relies on Ontario Disability Support Program. Justin has attended 6 different schools in elementary and this was the second high school

51 Was an appropriate investigation conductedWas an appropriate investigation conducted? If not, what steps were missed? What is the appropriate disciplinary consequence, if any – Justin? Trey? Did the School consider all relevant sources of evidence?

52 Parental Harassment Recognizing and avoiding challenging circumstancesPro-active interactions when tensions mount Implement Communication Protocol where needed Restrict exposure of parent to staff members (i.e. only communications through Principal) Patience is a virtue Active listening about parents’ needs (as well as student’s needs) Ppm 128 – Provincial Code of Conduct and School Board Codes of Conduct

53 Parental Harassment Careful documentation and take the “high road”Do not convey frustration (may go to legal process) Try to empathize with parents, who may have their own mental health challenges Human rights applications frequently filed in such circumstances

54 Parental Harassment If safety threat, consider No Trespass letterJointly issued by Principal and Superintendent only in extreme circumstances (if communication protocol not sufficient) Continue to maintain communications regarding child(ren)’s education

55 Tips re: Parental HarassmentNo one is an island – get support from S.O. etc. Ensure school staff feel supported to avoid burnout Ensure all communications with family reviewed Do not expect to convince or please the family Try to simplify responses to reduce engaging in ongoing conflict (i.e. pick your battles) Remember this could be a very long relationship with the family

56 Managing Mental HealthMental Health Initiatives – increased funding in schools Increased identification of issues re: students More sensitivity to issues with staff Also increasing challenges managing mental health challenges of parents

57 Mental Health Students – early identification – appropriate supportsNew initiatives (MHAN, joint initiatives, etc) Assess safety issues - safety plans (with specialists) Ensure proper consents in place for disclosure Personal health information (PHIPA) Facilitating treatment during class time – challenges if student request for confidentiality from parents

58 Mental Health (Students)Ensure mindful of student’s mental health when addressing all issues that arise regarding student, both educational and otherwise i.e. misconduct, signs of depression Extra vigilance where mental heath history (consult with Board specialists as appropriate)

59 ? ? ? QUESTIONS Feel free to contact me:Kimberley Ishmael Keel Cottrelle LLP (416)