TCDSB Policy Register

Date Approved:	Date of Review:	Dates of Amendment:
Board – January 27, 2010		Board – January 23, 2008
Cross Reference:
Suspensions  S.S 06 Expulsion  S.S. 05 Dress Code for Pupils S.S. 07 Police and School Board Protocol Access to Pupils S. 15 Access to School Premises S.S. 04 Alcohol and Other Drug Abuse  S.S. 03 Violence Prevention Policy V.P.01-13 Ontario Schools Code of Conduct Ministry of Education Policy Program Memorandum No. 128 – School Boards Code of Conduct Education Act, R.S.O. 1990, s. 301-303 Ministry of Education Policy Program Memorandum No. 144 – Bullying Prevention and Intervention Regulation 298, Operation of Schools-General Ministry of Education Policy Program Memorandum No. 145 – Progressive Discipline and Promoting Positive Student Behaviour Harassment and Discrimination in the Workplace H.M. 14 Ontario Regulation 472/07 – Behaviour, Discipline and Safety of Pupils Apprehension or Arrest of Pupils S. 18 Pastoral Guidelines to Assist Students of Same-Sex Orientation (issued by the Education Commission of the Ontario Conference of Catholic Bishops) Suspected Child Abuse Reporting S. 17 Sexual Harassment H.M. 28 Conflict of Interest:  Employees H.M. 31 Conflict of Interest:  Trustees T. 01 Complain Against Staff Member H.M. 30 Electronic Communication System (Acceptable Use Policy) A. 29

 

POLICY DEFINITIONS 

Bullying – is typically a form of repeated, persistent and aggressive behaviour that is directed at an individual or individuals that is intended to cause (or should be known to cause) fear and distress and/or harm to another person’s body, feelings, self-esteem, or reputation.  Bullying occurs in the context where there is a real or perceived power imbalance. Bullying behaviour can take the form of physical, verbal, emotional and cyber. 

Explosive Substance – includes anything used to create an explosive device or is capable or causing an explosion. 

Extortion – using threats, accusations or violence or threats of violence to induce any person to do anything or cause anything to be done. 

Firearm – any barreled weapon from which any shot, bullet or other projectile can be discharged and that is capable to causing serious bodily injury or death to a person. 

Harassment – harassment is often, but not always, persistent, ongoing conduct or communication in any form, of attitudes, beliefs, or actions towards an individual or group which might reasonably be known to be unwelcome.  A single act or expression can constitute harassment, for example, if it is a serious violation.  Harassment may be either subtle or blunt. 

Hate Material – includes literature, leaflets, posters, graffiti distributed (or sent by electronic means) to incite violence or hated against an identifiable group and/or their property.  The incitement of hatred or bias-motivated incidents against an identifiable group may include persons distinguished by their race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or other similar factor. 

Inappropriate Use of Electronic Communications/Media – the intentional use of an electronic device or communication medium, such as, but not limited to, all features of a phone, a cell phone, digital camera, blackberry, e-mails, school hotlines, Web-based communication sites and print material, such as flyers, school newspapers and brochures, that negatively impact on the well-being of another person and/or the learning environment in accordance with the definition of Harassment (as set out above). 

Physical Assault – the intentional application of force directly or indirectly in any degree at all, to a person without the person’s consent. 

Physical Assault Causing Bodily Harm – physical assault is the intentional application of force (in any degree at all) to a person without that person’s consent.  Bodily harm refers to any hurt or injury that is more than merely transient or trifling in nature which interferes with the health or comfort of the person, and includes (but is not limited to) injuries that receive medial attention.  Any cut that requires stitches or any broken or fractured bone should be considered a serious injury.  Serious injury could also include multiple minor injuries. 

Possession of a Weapon – means anything used, designed to be used or intended for use in causing death or injury to any person, or to threaten or intimidate any person.  It can include objects which can be used as weapons.  Objects such as a pen, or a screwdriver, if displayed to threaten or intimidate, become weapons under this definition.  Weapon includes a firearm and any device that is designed or intended to exactly resemble or to resemble with near precision, a firearm. 

Racial Harassment – means engaging in a course of vexatious comment or conduct pertaining to a person’s race which is known, or is reasonably known, to be offensive, inappropriate, intimidating, hostile and unwelcome.  Race refers to a group of people of common ancestry, distinguished from others by physical characteristics, such as colour of skin, shape of eyes, hair texture or facial features.  The term is also used, at present, to designate social categories into which societies divide people according to such characteristics. 

Refractory Conduct – means resisting control or discipline, unmanageable, rebellious refusal to comply with or flagrant disregard of Board policy.  A single act itself can constitute refractory conduct. 

Replica Firearm – is any device that is designed or intended to exactly resemble or to resemble with near precision, a firearm. 

Robbery – a robbery occurs where a person uses violence or threats of violence to steal money or other property from a victim. 

Sexual Assault – a sexual assault occurs where a person, without consent, intentionally applies force to another person in circumstances of a sexual nature such as to violate the sexual integrity of the victim. 

Sexual Harassment – sexual harassment occurs when a person receives unwelcome sexual attention from another person, whose comments or conduct are known or should reasonably be known to be offensive, inappropriate, intimidating, hostile and unwelcome.  It also includes an environment in which sexist or homophobic jokes and materials are allowed. 

Threat to Inflict Serious Bodily Harm – a threat to cause death or serious bodily harm to a person.  The term “threat”, as used here, does not apply to situations in which no real threat was intended. 

Trafficking in Drugs and/or Harmful Substances – means to sell, administer, transfer, transport, send or deliver any harmful substance, illicit drug or narcotic as set out in the Controlled Drugs and Substance Act. 

POLICY 

1.         The Toronto Catholic District School Board (the “TCDSB”), including staff, students, parents, and trustees is committed to the TCDSB’s mission of providing a safe and welcoming learning environment that supports academic excellence and is an example of Christian Community.  This mission is affirmed in TCDSB policies, including the Violence Prevention Policy.  Every member of this community - student, teacher, parent/guardian, support staff, trustee, parish priest, volunteers or others while on TCDSB property, at TCDSB sponsored events and circumstances that could have an impact on the school climate - is governed by the policies of the TCDSB and shares in the responsibility for creating a positive environment that is safe, harmonious, comfortable, inclusive and respectful.   

As provided in our Mission Statement and Values, our school community is formed by Catholic beliefs and traditions.  The TCDSB Mission is to educate students to their full potential by providing:

• leadership in the shared responsibility for education that exists among schools, students, families, parishes and community;

• a safe and welcoming learning environment that is an example of Christian community;

• role models of Gospel values and Catholic doctrines, teachings and beliefs;

• guidance in what students need to learn;

• instruction in the learning process itself;

• religious, academic and technological instruction;

• integration of Catholic, Christian beliefs into the total learning experience; and

• feedback on students’ proficiency and performance. 

The Ontario Catholic Graduate Expectations represent an integral component of TCDSB students’ character formation.  We envision students who are: 

The purpose of the TCDSB Code of Conduct is to further promote the mission of the TCDSB and to provide a framework for individual schools to develop local, school-based codes of conduct that foster a positive school climate and support student achievement in all areas identified in the Ontario Catholic Graduate Expectations.  In addition, the TCDSB Code of Conduct and local school-based codes of conduct must be modified regularly.  The TCDSB Code of Conduct is to be read together with the Violence Prevention Policy and all related TCDSB policies.  The TCDSB Code of Conduct also recognizes the importance of progressive discipline which focuses on prevention and early intervention as the key to maintaining a positive school environment.  

 

2.         LEGISLATIVE FRAMEWORK 

The Education Act requires school boards to establish policies and guidelines with respect to the conduct of persons in schools.  School board codes of conduct must address such matters and include such requirements, as the Ontario Ministry of Education requires.  School boards are required to consider the views of school councils with respect to those policies and should also consult with a wide variety of stakeholders, including parents, principals, teachers, students, the TCDSB Safe Schools Committee, the Parent Involvement Committee, the Special Education Advisory Committee, community partners, community agencies, members of Aboriginal communities (e.g. Elders) and those groups that are traditionally not consulted.  

School boards are also required to develop a communications plan that outlines how these standards will be made clear to everyone, including parents whose first language is a language other than English or French. 

The School Councils Regulation requires school boards to solicit the views of school councils with respect to the development of implementation plans for their codes of conduct.    

Policy/Program Memorandum No. 128, issued October 4, 2007, requires that the standards of behaviour in school board codes of conduct be appropriate for local communities.  The memorandum specifically requires school boards to ensure that their codes of conduct: 
 

Policy/Program Memorandum No. 144, issued October 19, 2009, requires the recognition of the importance of addressing bullying, which can have a significant impact on student safety, learning, and the school climate.  This memorandum specifically requires school boards to ensure that their policies reflect the following principles:  

(a)        Bullying adversely affects a student’s ability to learn.

(b)        Bullying adversely affects healthy relationships and the school climate.

(c)        Bullying adversely affects a school’s ability to educate its students.

(d)        Bullying will not be accepted on school property, at school-related activities, on school buses, or in any other circumstances (e.g., online) where engaging in bullying will have a negative impact on school climate.

(e)        Schools will continue to use the Safe Schools Bullying Awareness and Prevention Template to revise their existing school-wide bullying prevention and intervention plans.

(f)         Schools must provide support for students who have been bullied, students who have bullied others, and students who have been affected by observing bullying.

(g)        All employees of the board, including bus drivers/operators and other designated non-board employees (as identified in the Code of Conduct), who become aware that a student at a school of the board may have engaged in an activity for which suspension or expulsion must be considered shall report the matter to the principal as soon as reasonably possibly.

(h)        All employees of the board, who work directly with students, must respond to any student behaviour that is likely to have a negative impact on the school climate.  TCDSB employees are not required to respond to incidents when, in their opinion, responding would cause immediate physical harm to themselves or to a student or another person.

(i)         Training strategies will be provided to administrators, teachers and non-teaching staff.

(j)         Communication regarding policies and procedures on bullying prevention and intervention will be provided to students, parents, teachers and other school staff, board committees, school councils, school bus operators and drivers and other stakeholders.

(k)        Policies and procedures will be regularly reviewed (See Section 14 of the Code of Conduct.)

(l)         Each school shall revise their existing school wide Bullying Prevention and Intervention Plan as part of their School Improvement Plan

(m)       Each school must have in place a Safe Schools Team responsible for school safety that is composed of at least one student (where appropriate), one parent, one teacher, one non-teaching staff member, one community partner, and the principal.  The chair of this team must be a staff member.   Duty of the Safe Schools Team may include the delivery and analysis of climate surveys that must be conducted every two years. 

Policy/Program Memorandum No. 145, issued October 19, 2009, requires all schools to build and sustain a positive school climate for all students in order to support their education so that all students reach their full potential.  This memorandum specifically requires school boards to ensure that their policies reflect the following principles:   

(a)        Schools will provide a safe learning and teaching environment in which every student can reach his/her full potential.

(b)        Schools will take appropriate and consistent action to address behaviours contrary to the provincial, board and school codes of conduct.

(c)        Homophobia, gender-based violence, sexual harassment and inappropriate sexual behaviour must be addressed.

(d)        Principals must develop and implement a school wide progressive discipline plan.  This plan must be consistent with the policies of the Education Act and policies and procedures of the TCDSB.

(e)        Schools will continue to adopt a progressive discipline approach that makes use of a continuum of prevention programs, interventions, supports and consequences, building upon strategies that promote positive behaviours.

(f)         All schools must use a range of interventions, supports, and consequences that are clear and developmentally appropriate and must include learning opportunities for students in order to reinforce positive behaviours and help students make good choices.

(g)        For students with special education needs, interventions, supports, and consequences must be consistent with the expectations in the student’s IEP.

(h)        All school administrators must consider all mitigating and other factors in making decisions regarding consequences/interventions for inappropriate student behaviour.

(i)         All employees of the board are required to report to the principal serious student incidents that may lead to a suspension or expulsion.

(j)         Board employees who work directly with students are required to respond to incidents that may have a negative impact on the school climate.

(k)        Principals are required to notify parents of students who are victims of serious incidents (including activities listed in sections 306 and 310 of the Education Act) unless, in the principal’s opinion, notification to the parents would put the student at risk of being harmed by the parents.

(l)         Where the parents of victims are not notified (as stated in “j”), the principal shall notify their supervisory officer and the principal shall provide supports to these students.

(m)       Where the parents of victims are notified, the principal must develop plans to protect victims and outline a process for parents to follow if they are not satisfied with these supports.

(n)        Principals may delegate their powers, duties, and functions under Part XIII of the Education Act. 

In addition to requiring school boards to establish codes of conduct, the Education Act permits school boards to require principals to establish a local code of conduct governing the behaviour of persons in the school.  All local codes of conduct must be consistent with the provincial code of conduct and with the TCDSB Code of Conduct.  

The Education Act contains existing duties and responsibilities for principals, teachers and students that will impact on the creation of local codes of conduct. 

The TCDSB Violence Prevention Policy, adopted on March 30, 1995, reflects the TCDSB’s commitment to safety in our schools.  The TCDSB Violence Prevention Policy provides the foundation for this policy.  All local school codes of conduct must be consistent with the legislative framework and the principles and standards established in the Violence Prevention Policy.  The TCDSB Code of Conduct is to serve as a guideline for ensuring such consistency.    

3.         PROVINCIAL CODE OF CONDUCT  

The Education Act permits the Minister of Education to establish a code of conduct governing the behaviour of all persons in schools.  The purposes of the provincial code of conduct are:  

The Provincial Code of Conduct became policy of the Minister of Education on September 1, 2000.  The Education Act provides that every board shall take such steps as the Minister directs to bring the Provincial Code of Conduct to the attention of the entire school community including pupils, parents/guardians of pupils, superintendents, senior board staff, board personnel, trustees and others who may be present in schools or at school related events under the jurisdiction of the TCDSB.  

4.         GUIDING PRINCIPLES 

The guiding principles of the Provincial Code of Conduct include the following: 

The guiding principles of the TCDSB Code of Conduct include the broader principles in the Provincial Code of Conduct.  The TCDSB Code of Conduct is also committed to the Foreword/Statement of Principle set out in the TCDSB Violence Prevention Policy.

 

5.         ROLES AND RESPONSIBILITIES

 

The TCDSB Code of Conduct recognizes that all members of the school community, including pupils, teachers, principals, parents, staff superintendents, senior board staff, board personnel, trustees have an obligation to comply with the standards of behaviour outlined in this policy.  Each member of the school community (including all persons who come in contact with or have an impact on school life, e.g. co-op employers, crossing guards, permit holders, bus drivers, service providers, guests, volunteers,  delivery personnel) has the following roles and responsibilities:

 

Toronto Catholic District School Board 

The TCDSB will provide direction to its schools that ensure opportunity, excellence and accountability in the education system.
 

The TCDSB is committed to the principles and standards established by the Violence Prevention Policy.  The TCDSB will not tolerate behaviour that jeopardizes the emotional well-being or physical safety of members of the school community.  
 

As set out in the Violence Prevention Policy, the TCDSB acknowledges the rights and responsibilities for its students and staff, including:  

As part of its broader mandate, the TCDSB will: 

Schools
 

Through the development or refinement of local codes of conduct, schools must communicate provincial and TCDSB standards of behaviour in a variety of languages suited to the respective communities.
 

Schools shall: 

Principals

Principals, under the direction of the school board, take a leadership role in the daily operation of the school. Principals provide this leadership by:

(i)                 the student is 18 years of age or older,

(ii)                the student is 16 or 17 years old and has withdrawn from parental control,

(iii)               in the principal’s opinion, contacting the parent or guardian may put the pupil at risk of harm from the parent or guardian.                  

 

Teachers shall also assist principals in maintaining close co-operation with the school community and in establishing and maintaining consistent disciplinary practices in the school.     

Under the provisions of the Education Act teachers do not have the authority to suspend students.  Teachers must continue to assist the principals by reporting incidents and assisting the principal in conducting inquiries.  

Students
 

Students are to be treated with respect and dignity.  In return, they must demonstrate respect for themselves, for others and for the responsibilities of citizenship through acceptable behaviour.  Respect and responsibility are demonstrated when a student: 

• comes to school prepared, on time and ready to learn;

• shows respect for themselves, for others and for those in authority;

• refrains from bringing anything to school that may compromise the safety of others; and

• follows the established rules, policies and local codes of conduct and takes responsibility for his or her own action. 

Students are also expected to fulfill the Ontario Graduate Expectations and live the Gospel message by:  

• exercising self-discipline;

• accepting such discipline as would be exercised by a kind, firm and judicious parent;  

• being courteous to fellow pupils and obedient and courteous of teachers;

• showing respect for school property;

• complying with all school expectations, procedures and codes of behaviour; and

• giving respect and co-operation to all persons in positions of authority in the school.

Parents and Guardians
 

Parents and guardians play an important role in the education of their children and have a responsibility to support the efforts of school staff in maintaining a safe and respectful learning environment for all students.  Parents and guardians fulfill this responsibility when they: 

• show an active interest in their child’s school work and progress

• communicate regularly with the school;

• help their child be neat, appropriately dressed and prepared for school;

• ensure that their child attends school regularly and on time;

• promptly report to the school their child’s absence or late arrival;

• become familiar with both the Provincial Code of Conduct and their local school code of conduct;

• encourage and assist their child in following the rules of behaviour; and

• assist school staff in dealing with disciplinary issues.   

Police and Community Members

Police and community members are essential partners in making our schools and communities safer.  Community members need to support and respect the rules of their local schools.  Police will investigate and respond to incidents in accordance with the Police/School Board Protocol. 

Community agencies are resources that boards can use to deliver prevention and intervention programs. 

6.         STANDARDS OF BEHAVIOUR 

Respect, Civility and Responsible Citizenship
 

The TCDSB does not tolerate any anti-social or violent behaviour that impacts on learning environments.  All local school codes of conduct must set out standards of behaviour consistent with the standards established in the TCDSB Violence Prevention Policy. Standards of behaviour must promote respect, civility, responsible citizenship and Catholic values.

 

All members of the school community must: 

Safety 

All members of the school community must not: 

• engage in bullying behaviours;

• commit sexual assault;

• traffic weapons or illegal drugs;

• give alcohol to a minor;

• commit robbery;

• be in possession of any weapon, including firearms;

• use any object to threaten or intimidate another person;

• cause injury to any person with an object;

• be in possession of, or be under the influence of, or provide others with alcohol or illegal drugs;

• inflict or encourage others to inflict bodily harm on another person;

• engage in hate propaganda and other forms of behaviour motivated by hate or bias;

• commit an act of vandalism that causes extensive damage to school property or to property located on the premises of the school. 

Electronic Communications and Media Devices 

Schools shall include provisions in their local codes of conduct to ensure that all personal communication devices such as cell phones are powered off and stored out of view in instructional spaces (unless approved by the teacher for program use) and washrooms. Use of these devices in other areas of the school, school property, or on school trips shall be determined by the principal following consultation with the CSAC, staff, students and school based safe school action team.  These recommendations shall be included in the local code of conduct. 

7.       CONSEQUENCES FOR INAPPROPRIATE BEHAVIOURS           

Students 

Local school codes of conduct shall set out consequences that are consistent with the Education Act and the Board Safe School policies for Suspension (S.S.06) and Expulsions (S.S. 05). Mitigating Factors as stated in The Education Act shall be considered. 

Suspension
 

Under subsection 306 (1) of the Education Act, 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 the policy of the board.

The minimum duration of a suspension is one school day and the maximum duration is 20 school days. 

In considering how long the suspension should be, a principal will take into account any mitigating or other factors prescribed by the regulations. 

Under clause 306 (1) 7 of the Education Act, a pupil may be suspended if he or she engages in an activity that is an activity for which a principal may suspend a pupil under a policy of the board. 

Under Board policy, activities for which a principal may suspend a pupil include: 

• Persistent opposition to authority;

• Habitual neglect of duty;

• Wilful destruction of school property; vandalism causing damage to school or Board property or property located on school or Board premises;

• Use of profane or improper language;

• Use of tobacco;

• Theft;

• Aid/incite harmful behaviour;

• Physical assault;

• Being under the influence of illegal drugs;

• Sexual harassment;

• Racial harassment;

• Fighting;

• Possession or misuse of any harmful substances;

• Hate-motivated violence;

• Extortion;

• Distribution of hate material;

• Inappropriate use of electronic communications/media; and/or

• Other – defined as any conduct injurious to the moral tone of the school or to the physical or mental well-being of others.

Suspension Pending Possible Expulsion
 

Under subsection 310 (1) of the Education Act, 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 a sexual assault.

5. Trafficking in weapons or in illegal drugs.

6. Committing robbery.

7. Giving alcohol to a minor.

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.

A pupil who is suspended under this section is suspended from his or her school and from engaging in all school-related activities.

           

The following infractions may result in a suspension pending possible expulsion in accordance with Board policy: 

• Possession of explosive substance;

• Serious or repeated misconduct;

• Refractory conduct; and/or

• Other – defined as any conduct injurious to the moral tone of the school or to the physical or mental well‑being of others.

• Mitigating Factors and Other Factors

In considering whether to suspend a pupil or whether to recommend to the Board that a pupil be expelled, a principal will take into account any mitigating factors or other factors prescribed by the regulations.

 

Mitigating Factors

 
Pursuant to the Suspension and Expulsion of Pupils Regulation, 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.

           

Other Factors
 

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:

(a)        whether the behaviour was a manifestation of a disability identified in the pupil’s individual education plan,

(b)        whether appropriate individualized accommodation has been provided, and

(c)        whether the suspension or expulsion is likely to result in an aggravation or worsening of the pupil’s behaviour or conduct.

The TCDSB Code of Conduct and all local school codes of conduct make reference to actions and responses for inappropriate behaviour that is consistent with the Education Act, Board Safe School policies and other related Board policies.  The reference section of this document gives examples of Board policies that are relevant, however not limited to, inappropriate behaviour of students and non-student members of the school community.  

 

8.         APPLICATION OF STANDARDS OF BEHAVIOUR           

The Board standards of behaviour apply to all members of the school community, including students, parents or guardians, volunteers, teachers, other staff members, superintendents, senior board staff, board personnel, trustees and others who may be present in schools or at school related events under the jurisdiction of the TCDSB. 
 

The standards of behaviour apply: 

• on school property;

• while travelling on a school bus that is owned by the Board or that is under contract to the Board;

• in-school sports activities;

• in off-site school-sponsored activities; or

• in circumstances where engaging in an activity could have a negative impact on the school climate.

•  

9.         LOCAL SCHOOL CODES OF CONDUCT 

All board schools shall have a local school code of conduct which conforms to the requirements of the Provincial Code of Conduct, the TCDSB Code of Conduct and the TCDSB Violence Prevention Policy. Local codes shall set out clearly what is acceptable and unacceptable behaviour for all members of the elementary and secondary school community including students, parents, guardians, staff, visitors, superintendents, senior board staff, board personnel, and trustees. 

Principals shall consult with and consider the views of the Catholic School Advisory Councils, school based safe school action teams and the TCDSB safe schools advisory committee, staff, students, and other members of the school community who are not traditionally consulted. The Principal shall ensure the local code of conduct is communicated to all members of the community. 

Local codes of conduct apply to all members of the school community: 

• on school premises;

• on school –related trips or activities;

•  while travelling to or from school; and

• off school premises where the conduct has an impact on the safety, security or physical and mental well-being of any member of the school community. 

In addition, principals should:
 

(a)     seek input from students, staff, parents or guardians, and members of the community in developing a local code of conduct;

(b)     include procedures and timelines for review, in accordance with Board policy; and

(c)     develop a communication plan that outlines how these standards will be made clear to everyone, including parents and guardians whose first language is not English or French. 

 

10.        DELEGATION OF AUTHORITY OF THE PRINCIPAL 

Principals have the authority to delegate powers, duties, or functions under Part XIII of the Education Act to a vice principal or, in the absence of a vice principal, to a teacher. 

Appendix A outlines the process for providing support and information to individuals who have been delegated authority.  Forms and procedures outlined in Appendix A will be completed in writing and made available to the delegate. 

Communication to staff when and to whom the principal’s authority has been delegated will be the responsibility of the principal and will be consistent with the established practice of the school in question. 

Vice Principals

• Vice principals may not be delegated the authority to suspend a student for more than five school days and may not make a final decision regarding a recommendation to the board to expel a student.

Teachers

• The principal’s authority may only be delegated in writing to a teacher in the absence of the principal and vice principal.

• Teachers have the authority to initially deal with situations involving activities that occur that must be considered for suspension or expulsion. 

• The teacher must report all details of the inappropriate behaviours to the principal as soon as possible.

• The teacher must report to the principal or vice principal any activities that must be considered for suspension or expulsion.  A teacher may not be delegated authority regarding suspension decisions or recommendations regarding expulsion of students.

• Teachers have limited authority to contact the parent/guardian of a student who has been harmed as the result of an activity for which suspension or expulsion must be considered.  The information provided to the parent/guardian by a teacher is limited to the nature of the harm to the student and the nature of the activity that resulted in the harm.

• If the teacher is not sure whether he or she should call the parent/guardian, the teacher will contact the principal or supervisory officer for direction. 

11.        REPORTING TO PRINCIPALS  

The purpose of reporting incidents of inappropriate student behaviour is to ensure that the principal is aware of any activities for which suspension or expulsion must be considered. 

• All TCDSB  employees and school bus drivers who become aware that a student at a school of the board may have engaged in an activity for which suspension or expulsion must be considered shall report the matter to the principal as soon as reasonably possible.   

• TCDSB requires the following non-TCDSB employees who become aware that a student at a school of the board may have engaged in an activity for which suspension or expulsion must be considered to report the matter to the principal as soon as reasonably possible:

• Community School Liaison Officer

• Cafeteria Staff

• Trustees

• Crossing Guard

Non-TCDSB Employees, who are not mandated in this policy to report to the principal activities for which suspension or expulsion must be considered, are encouraged to report these inappropriate student behaviours in an effort to support the principal and school community in their efforts to nurture safe, caring and inclusive school environments.

• The employee must consider the safety of others and the urgency of the situation in reporting the incident, but, in any case, must report it to the principal no later than the end of the school day.

• In cases where an immediate action is required, a verbal report to the principal may be made.  A written report (using the Safe Schools Incident Reporting Form - Part I in Appendix B) must be completed by the end of the school day.

• The principal must provide the person who submitted the report with written acknowledgement of receipt (using the Safe Schools Incident Reporting Form - Part II in Appendix C).  Information that could identify the students involved must not be part of the written acknowledgement. 

• If no action is taken by the principal, the principal will complete the Safe Schools Incident Reporting Form – Part II and is not required to retain the Safe Schools Incident Reporting Form- Part I or Part II, and should destroy them. 

• If action is taken (including any intervention and/or consequence along the progressive discipline continuum), the principal will file a copy of the Safe Schools Incident Reporting Form- Part I with related documentation in the Ontario Student Record of the student whose behaviour was inappropriate.  The names of all other students that appear on the Safe Schools Incident Reporting Form – Part I (both aggressors and victims) must be removed from the reporting form before it is filed in the student’s OSR.

• No information about the incident must be placed in the victim’s OSR unless the victim or parent/guardian of the victim expressly request that it be placed in the OSR.

•  Where the victim is also an aggressor and the principal has taken some action short of suspension, no information about the incident will be placed in this student’s OSR if the principal has decided not to notify this student’s parent/guardian consistent with the exceptions stated in Bill 157.

• If the principal has notified the student’s parent/guardian, information regarding the incident and the action taken will be placed in the OSR.

• If a student is under the age of 16 and may be in need of protection, TCDSB employees must continue to call Catholic Children’s Aid in addition to reporting to the principal. 

12.            RESPONDING TO INCIDENTS 

The purpose of responding to incidents of inappropriate and disrespectful behaviour is to stop and correct it immediately so that the students involved can learn that it is unacceptable.  Students must adopt appropriate behaviours that are aligned with the Code of Conduct and promote positive school climates. 

• All TCDSB employees who work directly with students – including administrators, teachers, and non-teaching staff – must respond to any student behaviour that is likely to have a negative impact on the school climate. 

• Such inappropriate behaviour may involve (but is not limited to) swearing, homophobic or racial slurs, sexist comments or jokes, graffiti, or vandalism, and behaviour identified under sections 306 and 310 of the Education Act.

• Responding may include asking a student to stop the inappropriate behaviour; naming the type of behaviour and explaining why it is inappropriate and/or disrespectful; and asking the student to correct the behaviour and to commit to adopting more appropriate behaviour in future.

• TCDSB employees are not required to respond to incidents when, in their opinion, responding would cause immediate physical harm to themselves, a student or another person.  However, for incidents for which suspension or expulsion must be considered, board employees must report these to the principal and confirm their report in writing.  For other incidents, where suspension or expulsion would not be considered but board employees feel it is not safe to respond, they will be expected to inform the principal verbally as soon as possible. 

13.         SUPPORTS FOR STUDENTS 

All TCDSB employees must take seriously all allegations of inappropriate student behaviour including, but not limited to, gender-based violence, homophobia, sexual harassment, and inappropriate sexual behaviour, and act in a timely, sensitive, and supportive manner. 

14.    REVIEW

 

The TCDSB Code of Conduct shall be reviewed every three years. In conducting such reviews the Board shall seek the input and views of school councils, school based safe school action teams, TCDSB safe schools advisory committee and other groups.