TCDSB Policy Register

SAFE SCHOOLS:
Code of Conduct S.S.09

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: 

·                    discerning believers formed in the Catholic faith community who celebrate the signs and sacred mysteries of God’s presence through word, sacrament, prayer, forgiveness, reflection and moral living;

·                    effective communicators who speak, write, and listen honestly and sensitively, responding critically in light of gospel values;

·                    reflective, creative and holistic thinkers who solve problems and make responsible decisions with an informed moral conscience for the common good;

·                    self-directed, responsible, life-long learners who develop and demonstrate their God-given potential;

·                    collaborative contributors who find meaning, dignity and vocation in work which respects the rights of all and contributes to the common good;

·                    caring family members who attend to family, school, parish, and the wider community;

·                    responsible citizens who give witness to Catholic social teaching by promoting peace, justice and the sacredness of human life. 

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 academic achievement.  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: 

(a)                include the standards stated in the provincial code of conduct;

(b)               set out standards of behaviour for all members of the school community, including students, staff, visitors and volunteers;

(c)                contain standards developed by the board that can be linked to a provincial standard;

(d)               indicate where and/or when these standards will apply (e.g. in school sports activities, on school buses, in off-site school-sponsored activities, or in circumstances where engaging in an activity could have a negative impact on the school climate);

(e)                include procedure and timelines for review and ensure that reviews are conducted every three years;

(f)                 link locally developed standards to the relevant provincial standards (e.g. school board rules for the use of electronic devices such as cell phones could be linked to the provincial standard requiring those at school to “respect the need of others to work in an environment that is conducive to learning and teaching”; and

(g)                develop a Safe School Safety Plan and a Communication Plan that reflect the expectations, goals and spirit of the TCDSB Code of Conduct.  

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: 

·                    to ensure that all members of the school community, especially people in positions of authority, are treated with respect and dignity; 

·                    to promote responsible citizenship by encouraging appropriate participation in the civic life of the school community;

·                    to maintain an environment where conflict and difference can be addressed in a manner characterized by respect and civility;

·                    to encourage the use of non-violent means to resolve conflict;

·                    to promote the safety of people in schools; and

·                    to discourage the use of alcohol and illegal drugs.   

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: 

·                    all participants involved in the publicly funded school system - students, parents or guardians, volunteers, teachers and other staff members, superintendents, senior board staff, board personnel and trustees - are included in the Provincial Code of Conduct whether they are on school property, on school buses or at school-authorized events or activities that may have an impact on school climate;

·                    all members of the school community are to be treated with respect and dignity, especially persons in a positions of authority;

·                    responsible citizenship involves appropriate participation in the civic life of the school community.  Active and engaged citizens are aware of their rights, but more importantly, they accept responsibility for protecting their rights and the rights of others;

·                    members of the school community are expected to use non-violent means to resolve conflict.  Physically aggressive behaviour is not a responsible way to interact with others;

·                    the possession, use or threatened use of any object to injure another person endangers the safety of oneself and others;

·                    alcohol and illegal drugs are addictive and present a health hazard.  Ontario schools will work cooperatively with police, drug and alcohol agencies to promote prevention strategies and, where necessary, respond to school members who are in possession of, or under the influence of, alcohol or illegal drugs;

·                    insults, disrespect, and other hurtful acts disrupt learning and teaching in a school community.   Members of the school community have a responsibility to maintain an environment where conflict and difference can be addressed in a manner characterized by respect and civility; 

·                    members of the school community must not engage in bullying behaviours (including: physical, verbal, social and cyber);

·                    members of the school community must not commit sexual assault;

·                    members of the school community must respect and comply with all applicable federal, provincial and municipal laws;

·                    members of the school community must respect differences in people, their ideas and their opinions;

·                    members of the community must respect and treat others fairly, regardless of , for example, race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, gender, sexual orientation, age, or disability. 

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: 

·                    to be respected by all members of the school community;

·                    to work and learn in a safe, orderly and positive environment;

·                    to access facilities and to participate in programs offered by the school without fear of violence;

·                    to respect all members of the school community;

·                    to contribute positively to the Christian climate of the school;

·                    to respect the property of the school and all members of the school community; and

·                    to respond positively to the educational environment provided by the school community.  

As part of its broader mandate, the TCDSB will: 

·                    develop policies that set out how its schools will implement and enforce the Provincial Code of Conduct and all other rules developed as related to the provincial standards for respect, civility, responsible citizenship and physical safety;

·                    seek input from Catholic School Advisory Councils, school based safe school action teams and the TCDSB safe schools advisory committee and review these policies regularly with students, staff, parents or guardians, parish priests, volunteers and the community; 

·                    establish a process that clearly communicates the Provincial Code of Conduct to all members of the school community--including parents, students, staff, superintendents, senior board staff, board personnel and trustees--in a manner that ensures their commitment and support;

·                    ensure an effective prevention-intervention strategy and response to all infractions related to the standards for respect, civility, responsible citizenship and physical safety; and

·                    provide opportunities for all staff to acquire the knowledge, skills and attitudes necessary to develop and maintain academic excellence and safe learning and teaching environments. 

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: 

·                    seek input from Catholic School Advisory Councils and school based safe school action teams in the development or refinement of local codes of conduct; 

·                    review their local codes of conduct regularly with students, staff, parents or guardians, volunteers and the community;

·                    establish a process that clearly communicates the school code of conduct, the TCDSB Code of Conduct and the Provincial Code of Conduct to all parents, students and staff in a manner that ensures commitment and support; 

·                    include in the local code of conduct a summary of the TCDSB Violence Prevention Policy;

·                    ensure that the local code of conduct is distributed to students at least once per school year, including students admitted during the school year;

·                    ensure that the local code of conduct is explained to each student and that the expectations in the local code are clearly communicated to each student at least once per school year; and

·                    ensure that the local code of conduct is enforced in a fair and even-handed manner throughout the school year.   

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:    

·                    demonstrating care and commitment to academic excellence and a safe teaching environment and learning environment;

·                    holding everyone, under their authority, accountable for their behaviour and actions;

·                    developing and enforcing local codes of conduct;

·                    communicating the contents and expectations contained in local codes of conduct regularly with all members of their school community;

·                    ensuring the communication of local codes of conduct includes a communication plan that outlines how these standards will be made clear to the entire school community, including school communities who have a significant number of parents whose first language is not English; 

·                    providing an example of respect and civility for all members of the school community;

·                    empowering students to be positive leaders in their schools and community.    

Principals have a duty to maintain proper order and discipline within the school.  Local codes of conduct are a key component of that duty.  Principals shall develop local codes of conduct that are expressly tailored for their schools.  

Under the provisions of the Education Act, principals are responsible for suspending students and for referring expulsions to the school board in appropriate circumstances.  Principals will conduct investigations in accordance with the Guidelines for Conducting a Disciplinary Investigation. 

Teachers and School Staff
 

Under the leadership of the principal, teachers and staff shall maintain order in the school and are expected to hold everyone to the highest standard of respectful and responsible behaviour.  As role models, staff uphold these high standards when they:

·                    help students work to their full potential and develop their self-worth;

·                    communicate regularly and meaningfully with parents;

·                    maintain consistent standards of behaviour for all students;

·                    demonstrate respect for all students, staff and parents;

·                    empower students to be positive leaders in the classroom, school and community;

·                    prepare students for the full responsibilities of citizenship; and

·                    comply with the responsibilities established by the TCDSB Violence Prevention Policy    

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 for one school day.  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:  

·                    respect and comply with all applicable federal, provincial and municipal laws;

·                    demonstrate honesty and integrity;

·                    respect differences in people, their ideas and opinions;

·                    treat one and other with dignity and respect at all times, and especially when there is a disagreement;

·                    respect and treat others fairly, regardless of their race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, gender, sexual orientation, age or disability;

·                    respect the rights of others;

·                    show proper care and regard for school property and the property of others within the school community;

·                    take appropriate measures to help others in need;

·                    respect all members of the school community, especially persons who are in a position of authority; and

·                    respect the need of others to work in an environment of learning and teaching.

·                    seek assistance from a member of the school staff, if necessary, to resolve conflict peacefully;

·                    not swear at a teacher or at another person in a position of authority or any other person. 

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.

If a principal decides to suspend a pupil for engaging in an activity described in subsection (1), the principal will suspend the pupil from his or her school and from engaging in all school‑related activities. 

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: 

1.                  Persistent opposition to authority;

2.                  Habitual neglect of duty;

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

4.                  Use of profane or improper language;

5.                  Use of tobacco;

6.                  Theft;

7.                  Aid/incite harmful behaviour;

8.                  Physical assault;

9.                  Being under the influence of illegal drugs;

10.              Sexual harassment;

11.              Racial harassment;

12.              Fighting;

13.              Possession or misuse of any harmful substances;

14.              Hate-motivated violence;

15.              Extortion;

16.              Distribution of hate material;

17.              Inappropriate use of electronic communications/media; and/or

18.              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: 

1.                  Possession of explosive substance;

2.                  Serious or repeated misconduct;

3.                  Refractory conduct; and/or

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

5.                  Mitigating Factors and Other Factors

6.                  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: 

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.

5.                  The age of the pupil.

6.                  In the case of a pupil for whom an individual education plan has been developed,

(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.

Non Student Members of the School Community
 

The TCDSB Code of Conduct and all local school codes of conduct make reference to actions and responses for inappropriate behaviour that are 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 Boar