frame of reference " police presence in educational establishments" training of school...

Frame of Reference

" Police Presence in Educational Establishments"

Training of School Boards and Police Force Respondents

Thanks!

For their research,

For their work,

For their writings,

which we used in the preparation and realization of the contents of our

"teacher training" in the frame of reference "Police Presence in Educational Establishments".

Thanks!

To the Service régional de soutien – behavioral problems (Montréal Island);

To the Chambre de la jeunesse;

To the Service de police de la communauté urbaine de Montréal (January to April 2001);

And, to those who participated and completed their training in the frame of reference during the training sessions in crime prevention offered by the ministère de la sécurité publique (November 17, 2004).

Daily SequenceWelcoming and introduction of the participantsMembers of the work committee and trainersObjectivesMission of the two organizationsPolice presence in educational establishments3 contexts

* Context of prevention and community relations– brief overview* Context of emergency* Context of investigation

- Reflections on the educational sector - Scenarios and teamworkConclusionAssessment – discussion

Training Objectives

Share a common understanding of the frame of reference;

Suggest and discuss means and approaches proposed within the frame of reference;

Invite the participants to use this tool to prepare or revise their action plan, seeking dialogue between the partners.

Respective mission

of the two organizations

A - The school environment:

Primary or secondary education Professional training services

or adult education

B - The police forces

Due to its triple mission to educate, socialize and qualify, the educational establishment has an important role to play in the development of attitudes and responsible social behavior in students, both youth and adults.

A preventive approach with a focus on open mindedness as well as an emphasis on respect, collaboration and sharing is the best means.

With the aim of developing a global approach, joint actions using contribution by various partners are encouraged, in order to offer a continuous service and to thus promote the development of youth in a healthy and secure context.

A - The school environment

The school environment considers the parents as preferred partners because they have the primary responsibility for the education and development of their children.

The school environment considers, above all, the police force as one of the partners who contribute to the education in rights and responsibilities which is offered to the students, both youth and adults, which includes interventions of preventive and corrective nature.

The success of this approach depends on the capacity for dialogue of all participants in the educational environment and the desire for collaboration by the students and their parents.

A - The school environment (cont’d)

Ensure the enforcement of laws;

Promote the development of attitudes, skills and techniques enabling the resolution of conflicts in a peaceful way and to intervene in a relevant way towards aggressive behavior;

Inform and create awareness of the variety and complexity of problems related to violence;

Provide the means to students to assist them to prevent acts of violence;

Establish a link between the partners in order to find lasting community solutions to the various real life problems experienced in the school environment;

B - The police forces

Act as a resource person and guide the students and parents towards specialists or appropriate organizations;

Collaborate in initiating community activities (group outings, sporting activities or others);

Jointly respond to the defined needs (plan projects with the milieu, coordinate common activities);

Participate in common actions in association with the school team and the students (development and implementation of programs, intervention strategies, projects);

Participate, when necessary, in individual measures to respond to the specific needs of a student.

B - Police forces (cont’d)

Whether or not to call the police? School authorities have the authority to

decide whether or not to place the call. This authority is not absolute.

Depending on the occurrence in question, the fact of not having exercised this authority may cause them to be held at fault.

Two questions?

When should the management of the school request the police service to intervene?

When and how should the police service intervene in the school?

Origin of the document

Frame of reference"Police presence in educational establishments"

Launch Date

May 1999

Update: Nov. 2004 to date

Why this update…


Nature of the document

Frame of reference

Working tool to guide organizations and schools in their

interventions when facing violence.


WHY UPDATE THE FRAME OF REFERENCE?

Legislative Amendments

The former "Young Offenders Act" replaced by "Youth Criminal Justice Act";

"Police Act" modified with an emphasis on police behavior " Police Act " (2001);

Amendments to the "Public Education Act".

New practices or ministerial policies

Policy on the approach to community-based policing;

Policy concerning the prevention of criminal activity;

New inter-ministerial agreement relative to children who are victims of sexual abuse, physical mistreatment or a lack of care which endangers their physical well-being.

From which arises an obligation of juridical consistency and an update to the frame of reference.

WHY UPDATE THE FRAME OF REFERENCE?

Composition of the Panel Association des cadres scolaires du Québec (ACSQ) Association des centres jeunesse du Québec Association des CLSC et des CHSLD du Québec Association des directeurs de police du Québec (ADPQ) Association des directeurs généraux des commissions scolaires du Québec (ADIGECS) Association québécoise du personnel de direction des écoles (AQPDE) Centrale des syndicats du Québec (CSQ) Fédération des comités de parents du Québec (FCPQ) Fédération des commissions scolaires du Québec (FCSQ) Fédération québécoise des directeurs et directrices d’établissement d’enseignement (FQDE) Ministère de l’Éducation, du Loisir et du Sport du Québec (MELS) Ministère de la Justice du Québec Ministère de la Santé et des Services sociaux du Québec Ministère de la Sécurité publique du Québec Regroupement des maisons de jeunes du Québec Sûreté du Québec

General objectives of the frame of reference Invite the educational establishments to use the frame of reference to agree with

the police forces on a draft agreement and an action plan which encourages dialogue amongst all the partners of the milieu, and this, in respect of the educational project and the school's plan for success or, in the case of an educational centre, its directions, its objectives and its plan of success.

Provide educational establishments and police with a tool enabling them to intervene in an appropriate manner and with respect to the rights of the students, whether it is in the context of prevention and community relations, emergency, arrest or investigation.

Invite the management of the educational establishments and police officers to develop and regularly maintain cooperation and communication links and to foresee mechanisms favoring the continuity of this action from year to year.

Suggest to police officers and educational establishments the means by which the latter remain places of education where the safety and integrity of students, youth and adults, are protected.

Three contexts

Prevention and community relations: an overview

Emergency: awareness and scenario

Investigation: considerations and scenarios

Section 1

"Police Presence in Educational Establishments"

Context of prevention and community relations


Targetted objectives:

Establish a rapport between the police service, the school personnel and students.

Implementation of preventive measures in collaboration with all the parties: efforts agreed upon by both sides.


Dialogue around a common definition of the message to be passed on to the students / consensus on values to be promoted;

Implementation of prevention program: different steps to follow;

The prevention programs could notably address problems related to: - violence - alcohol and drugs - intimidation and bullying - harrassment- vandalism - gangs - sexual abuse - suicide - highway safety

Context of prevention

Dialogue steps as follows:

Establish a diagnosis in matters of criminal activity and security;

Develop an action plan for each problematic judged to be a priority;

Implement the interventions foreseen in the action plan;

Assess the processes and the results of the interventions achieved.

" Police Presence in Educational Establishments"

Context of an emergency

Section 2


Objectives: Encourage the school board, its educational establishments and the

police to provide a procedure to be followed in the event of an emergency situation requiring a police presence.

Encourage the school board and its educational establishments to set up mechanisms promoting disclosure to the management of an educational establishment or to a staff member of any act capable of threatening the safety of individuals or seriously disrupting the functioning of the establishment, with the purpose of allowing a rapid and effective intervention. Any disclosure of information has to be done in respect of the rules of confidentiality.


Guidelines for the educational establishment:

Promptly report the problem to management;

Request assistance from a police force;

Place a separate sheet on file;

Advise the parents.


Guidelines for the police force Advise management before intervening or

as soon as possible

Guidelines for both Plan for feedback Agree upon a communication strategy

Remember: have an emergency preparedness plan

In an emergency context

Some steps to take: Sensitize school representatives on emergency situations;

Inform them that these occurrences could happen in their schools;

Know the operations of the police force(s) within the territory / school boards in relation to the services offered in the case of an emergency;

Whenever possible, attempt to prevent the occurrence of certain violent events in schools;

Encourage the schools to prepare in advance any necessary materials which will be used during an emergency situation, and to set up a procedure clarifying the roles and responsibilities of each of the partners when an emergency situation arises;

Identify emergency situations which may arise in a school.

Some steps to take:

before; during; after.


1 - Make school representatives

aware of an emergency

Definitions of an emergency

… necessity to react quickly … without delay … in all haste

… which have to be dealt with immediately

… urgent … important

School administrators are continuously confronted with all types of violent occurrences in their schools. These are usually handled by school principals and demand an immediate intervention. Some of these violent occurrences do not always require a police intervention (example: fighting between students).

However, when a life is in danger or when an individual constitutes a danger to the safety of another person, management must immediately request the assistance of the police. In case of doubt, it is always possible to request advice from the police officers and thus have recourse to their expertise.


aware of an emergency (cont’d)

School representatives should note that tragic events such as the fatalities in Littleton, Colorado (12 students and 1 teacher killed), in Jonesboro, Arkansas (4 students and 1 teacher killed), Olivehust, Californie (4 students killed) and in Dublande, Scotland (15 children attending kindergarten and 1 teacher killed), can sadly occur even here in Québec.



Here is a partial list of some emergencies which may arise in a school environment and which would require police assistance:

Mad gunman (fusillade…); Hostage taking (barricaded person…); Threats by a violent individual; Presence of weapons in the school; Kidnapping of a child (run away…); Bomb threat (suspicious package, presence of explosives…); Crowd movement (student demonstration…).

It goes without saying, that if such events occur in a school, a call to 9-1-1 would be required without delay.



2 – Services offered by the police force

in your area (to be completed locally)

2.1 How to communicate with the police service

2.1.1 Dial 9-1-1

For approximately 20 years, cities (municipalities) and police forces have been equipped with a call reception system which is amongst the best in the world. This call centre enables directing, with the briefest of delay, of a distress call to the most appropriate service. Health emergency;Fire prevention service;Police service;Hydro-Québec;Others.

2.1 How to communicate with the police service

9-1-1 is reserved for EMERGENCY calls. Personnel at 9-1-1 have received specific training. They regularly direct numerous calls towards the various services (police, firefighters, ambulance,…). In a few seconds, the call is analyzed and assessed, based on a priority scale.

2.1.2 All other emergency numbers provided by your local police force(s).


in your area (cont’d)

2.2 Handling of an emergency call (9-1-1)

2.2.1 The call Within seconds, an employee receives the call at the 9-1-1 centre.

He/she refers the call to the appropriate service, including the analysis section of the police service.

From the onset of this analysis, a request for dispatching is completed, and an officer assigns a police vehicle.

The police officers may have already been advised of the situation and be at the scene of the occurrence, while the caller is still in communication with the analyst.

It is even possible, for the personnel at 9-1-1-, to connect the call directly to the police officers arriving at the site of the intervention.



2.2.2 At the scene

The first police officers arriving at the scene have the mandate to analyze the situation (type of threat, danger, seriousness,…). To do this, they must meet a representative of the school who will describe the layout in detail and who will describe the recent occurrences.

At this stage, the school representatives should supply all pertinent and necessary information which they have at their disposal, in order that the police intervention may be as efficient and adequate as possible. The intervention method chosen by the police (example: armed or unarmed intervention, anti-riot squad, SWAT, etc.) will be dictated by the nature and circumstances of the occurrence. It is therefore impossible to anticipate in advance the details of this policing operation.



2.2.2 At the scene (cont’d)

In this context, the responsibilities of the police are the following:

Identify the source of the danger and where the occurrence is taking place;

Isolate the suspect (or the object); Control the scene (supervise the location where the action is); Evacuate the victims; Arrest the suspect (or have the suspect surrender).



2.2.3 The supervisor

A supervisor will quickly arrive at the scene and should coordinate the occurrence.

The supervisor is the leader. He is the commander at the scene and must control it as well as bring the evacuation to a satisfactory ending. He may be replaced by the detachment commander or the officer in charge of major crimes.

The following information will be required by the supervisor:An adequate and updated intervention plan;

Detailed plans of the building and its points of access (blueprints);A predetermined gathering place (refuge);

The applicable evacuation procedure for this school.



3 – Considerations to prevent certain emergencies

3.1 Multisector planning

Tight links must be woven between school management and police officers, to prevent certain violent occurrences which could arise in the school environment. As partners, school representatives and police forces should have the concern of forming a permanent team whose function would be to intervene in emergency situations.

Together, they should develop a communication plan, determine roles and responsibilities for each party, identify the resource persons, see that these persons receive particular training, and this, on an annual basis.


3.1 Multi-sector planning (cont’d)

Finally, they may implement a detailed intervention procedure, concerning emergency situations. Considering the complexity of school and police structures, it would be desirable that organizational charts containing names and duties of those in charge at the two bodies (school board and police force) be distributed at the schools and police force, in order that the persons in authority be easily recognized and that they may be informed from the beginning of an emergency event in a school.

3.2 Access control

The school should be a secure place, favorable to concentration and learning. Access control to the establishments must be the forethought of school authorities. It is important to know who circulates in the school, in the same manner as in a private place of residence.

During entry by the students, security at accesses must be foremost. During school hours, there should only be one possible access for students and school staff. Furthermore, access to the school by a third party, should be tightly controlled (bell, window allowing those inside to see the individual, a voice system, doors only able to be opened from the inside, etc.).


3.3 Intruders

It is unacceptable that a person can walk into a school, without permission. All staff members and students have the right and the duty to inform the principal of the presence of an outsider in their establishment. In addition, it is possible to revoke an earlier access permission granted to somebody, and to expel them as an intruder.

To this effect, in the Yvon Vallée vs. The Queen case, (1994) R.J.Q. 330, Madame Judge Mailhot of the Appeal Court asserted that: "In spite of the fact that a person enters legally into a building opened to the public as as an invitee or customer, he may be considered as an intruder, if he refuses to leave the building, when he is asked to do so because he is an undesirable person."


3.3 Intruders (cont’d)

The police service can support a principal who asks for assistance to evict an individual who refuses to leave the school. The officers evict the intruder while considering his physical and psychological state. The officers will arrive at the school and will ask the principal to sign an eviction request form .

This form enables the peace officers to resort to necessary force to evict the individual, in a legal manner. The police officers should first ensure that the intruder is informed by the person in charge at the school, that he is no longer welcome. This action validates the legality of the eviction request. They will also consider the physical and psychological state of the individual in question.

School authorities are totally at liberty to inform the unwanted individuals, by way of a formal demand or an official letter, that their presence is no longer permitted at the school (example: parent with an inappropriate or aggressive behavior).


3.4 Policy in matters of prevention and handling of violent incidents

Intervenors in the school environment would have an interest to adopt, review or publish a clear policy dealing with the prevention and handling of violent incidents and add to it the elements discussed on emergency measures, if this is not already done.

The school’s code of conduct could also benefit from some of these elements. Several school boards implement a zero tolerance policy in matters of violence at school and widely distribute it to students, staff members and parents.


3.5 Notification

School authorities equally have an interest in encouraging students and employees to report all forms of violence in the school.

To encourage notification, they could implement such programs as info-crime and protect the confidentiality of those who make the disclosure, in order to create a climate of confidence in the environment.

They should also offer support to victims of acts of violence and assure them of particular assistance.


4 – Preparation of necessary material by the school in case of an emergency and identification of the roles and responsibilities of each of the partners

4.1 Intervention plan

This intervention plan must be completed in advance by the school principal and given to the police authorities, in order that the information contained therein may form part of the central files of the police force.

It should be updated regularly, to include all changes. This computerized document will enable rapid contact with those in charge at the school, to know the particularities of the location involved in the emergency situation, as well as to identify the clientele of the school. Police authorities may thus ensure a more secure perimeter around the school.

4.2 Blueprints of the building.

These plans are drawn by the architects of the school board and updated on a regular basis, offering a complete visage of the entire site, as well as all accesses to the building.

They should be filed in a secure location (example: a metal box at the entry to the building) and be easily accessible to police officers from the exterior of the building, upon their arrival at the school.


4.3 Place of assembly

All school personnel and all students should be able to rapidly find refuge when an emergency situation arises in a school establishment.

A place of assembly should therefore be determined in advance by the school authorities. This location will be known by all school personnel, by the students and by their parents, who can be directed there in case of an emergency.

The school authorities will not choose the recreation yard, but rather a safe building situated close to the school.


4.4 Evacuation procedure

This procedure is an important element whenever an emergency situation arises in a school. The students and personnel should familiarize themselves with all aspects of the evacuation.

In effect, as with a fire drill, the evacuation should be practiced by all and known by all.

This procedure should take into account the different types of emergencies and may even, as an example, necessitate the evacuation of students by the classroom windows.


4.5 Communication strategies

The emergency team, made up of representatives of the school and police forces should first develop plans and communications strategies with the media, to prevent false information from circulating and causing additional problems.


5 – Analysis of certain emergency events

5.1 Fusillade or hostage taking A fulsillade in a school is an extremely serious occurrence, having physical and

psychological consequences, as much for the students as for the personnel, and this over many years.

As outlined earlier, a call to 9-1-1 regarding a fusillade or hostage taking, will be first directed to patrollers of that sector. Numerous other resources will also be rushed to the scene of the occurrence.

In spite of a complete and immediate taking charge by the police service, the knowledge and expertise of school management will be very valuable and will contribute to the efficient administration of the emergency. A responsible member of the school should assist the police supervisor to direct the police intervention. This individual should have detailed building plans in his possession and should immediately identify himself to the commander of the operation.

5.1 Fusillade or hostage taking (cont’d)

School management may proceed with the evacuation of students and personnel and then direct them towards a secure location, namely the place of assembly previously identified.

It is to be expected that the media will appear, following the call to 9-1-1. In

addition, numerous parents will want to go to the school, in order to assure themselves of the safety of their children. It will thus be necessary to direct them to the place of assembly (refuge). The responsible parties at the school should have a list with the names of all students in their possession, as well as an attendance record for for that school day.

N.B. A hostage taking arises when an abductor holds individuals in exchange for something.


5.2 Threats

Frequently, the assessment of the degree of danger of a threat made by an individual is complex. Many factors enter into the process.

Fear is not an element to overlook, it is better to make a call to the police as soon as we feel in danger and thus take advantage of their expertise and advice, in order to prevent or to counter an unfortunate occurrence which may result for example, from a simple verbal threat.

We remind you of the importance to report all types of violence in the school environment.


5.3 Presence of weapons5.3.1 Firearm

Only a ballistic examination enables distinguishing a real firearm from a simple imitation. There is therefore reason to suspect any object which has the appearance of a firearm, since it is easy to convert, as an example, a starting pistol or a pellet gun into a real firearm.

The police service should be advised immediately of the presence of a firearm in a school.


5.3 Presence of weapons (cont’d)5.3.2 Sharp devices

The harm which sharp devices may cause (exacto, pocket knife, kitchen knife or machette…) are extremely serious.

Authorities should not tolerate any sharp devices in their establishments.

These devices should be confiscated by the school management or by the police officers.


5.4 Kidnapping

Such occurrences are extremely serious and should be handled in an urgent manner by the school and police forces.

It is to be noted that conflicts linked to the care of a child should be the subject of a notice to the DYP (example: a father who was denied custody by the courts and who arrives at the school and attempts to remove the child, despite the court ruling).

It is the duty and responsibility of the school management to disclose any situation involving the safety of a child to the Director of Youth Protection (DYP). In case of doubt or an emergency, he must communicate with 9-1-1.


5.5 Bomb threats – Suspicious packages

School establishments are frequently the target of numerous bomb threats, especially during examination periods and when nice temperatures draw students outdoors…

The school principal is the person designated to assess the situation and will judge if it is appropriate to proceed with a search of the establishment. Other personnel members may be solicited in order to search the school interior and note the presence of suspicious parcels. The police service should be informed and will proceed with a search of the exterior of the building.


5.5 Bomb threats – Suspicious packages (cont’d)

A search procedure should be implemented in each school and receive the support of the school authorities. A bomb call becomes a serious threat as soon as a suspicious parcel is found by school personnel or the police.

If a suspicious parcel is identified, the responsible individuals (school management, police) proceed with the evacuation of the premises. The police supervisor coordinates the scene and places the call to the specialized units.

A person in charge at the school should give assistance to the police force in its task.


5.6 Crowd movement

Before certain demonstrations which bring groups of students to move from the school exterior towards another location or when there is a gathering of two rival gangs in front of a school establishment, it becomes necessary to call 9-1-1 in order to ensure the safety, both for the students and the employees of the school, as well as the individuals participating in the gathering or the demonstration.

When face with an ongoing crowd movement, a committee made up of school representatives and police, should be formed in order to quickly ensure a coordination of the occurrence.


6 – Follow up on the occurrence

6.1 The media

The police service in the territory of your school board has, over several years, developed an expertise in matters of relations with the media.

It is essentiel that a committee composed of specialists in communication from the police force and the school boards be formed to coordinate the information broadcast on television, radio and in the newspapers.

6.2 Evidence

Numerous samples and several analyses of all kinds must be taken at the location (the scene) where the occurrences happened.

It is probable that no one will be allowed access to the school establishment until all evidence is gathered by the police investigators.


6.3 Victim support

School authorities must anticipate the interventions to put in place with victims and witnesses of incidents of violence, and provide access to professional consultation services from the school network and the health network in order to offer both medical and psychological support.

(example : provision of post-traumatic intervention teams).


Scenario

Primary school XXXX - 2 floors

Tuesday morning, 10 h

You are informed that there is gunfire on the second floor. Several children are running in all directions…

What do you do?

What do you do?

Call the 9-1-1 emergency centre; Control the media; Meet the police officers; Find another location for the children; Control the wave of parents; Evacuate the children; Provide a plan to the police upon their request; Notify management of the school board.

Preparation

A – An intervention plan

B – "Blueprints"Outside the school establishment;

In safety;Updated;

In a metal box; Accessible.

C – Place of assembly Not in the school yard; During the emergency is not the time to look; Organized transportation.

D – Evacuation proceduresBased on the evacuation procedure already given;

Praticed as often as possible;

Possibles variants. .

Preparation

E – Communication strategy Direct communications during the occurrence; Don’t make contradictory statements; Establish a communication plan; Know each other beforehand.

Preparation

Section 3

"Police presence in educational establishments"

Context of an investigation


School establishment: a location to maintain a climate of healthy learning.

Students: youth in development.

Parents: primary individuals in charge and partners in the intervention.

Offences committed: distinguish "normal" from behavioural trouble.

The agressor, victim, witness and all others: impacts of the intervention.

Statement of incidents of violence: difficulty to elaborate, reporting.

Understand the sense to act and to adopt an individualized approach .

Take into account all circumstances surrounding the youth.

Share the information and discuss together before making a decision.

Implement disciplinary and educational measures in the school, independently of judicial measures or complementary to them: responsabilization.

Objectives:

Make the management of the educational establishment aware of the different reasons which could require a police intervention in the context of an investigation.

Inform management of the educational establishment of the different actions pertaining to the police intervention in the context of an investigation.

Context of an investigation (cont’d)

General Rule :

By preference, police force interventions are done elsewhere than in the establishment and in consultation with the establishment.

When an intervention is conducted in an educational establishment, the police force limits its movements to the area reserved for administrative services.

A police investigation may be conducted following a decision by the police force or at the request of the educational establishment.


Criteria which may guide in the decision to call the police force:

The circumstances, nature or seriousness of the infraction;The safety of the individuals or the premises;Harm caused to the victim;The age of the alleged perpetrator of the infraction and his prior

record;The family context;The risk of re-occurrence;The seizure of unlawful or illegal goods.


Principal motives for a police intervention:

Interrogation of a witness;

Interrogation of a suspect;

Arrest with or without warrant;

Search of an individual and search of a location;

Major operations.


Scenarios


Context of an investigation – Scenarios

Frame of reference "Police presence in educational establishments"

Scenario 1

Search of an individual

Alexandre, age 13, participates at a dance organized by his school. Certain students inform the vice-principal at the secondary school that Alexandre is traficking in drugs at the school and that he will have the drugs on him, during the dance. These young students "informers" are known to the vice-principal and are credible and deemed trustworthy in his eyes.

Young Alexandre arrives at the dance. The vice- principal asks Alexandre to accompany him to his office, where he searches him in the presence of a police officer who does not participate in the search and remains passive throughout the intervention. Drugs (marijuana) are found in his socks.

Search of an individual (cont’d)

Can a vice-principal search a student? Are there prerequisites to do so? Did any exist in the circumstances of this case? Are there any rules of prudence to observe during the search of a

student? What are they? After the discovery of drugs, what should the vice-principal do? What alternatives did he have? Can criminal charges be laid? Can the vice-principal be called as a witness, during an eventual

trial?



Scenario 2

Search of a student’s purse

A French professor in a secondary school discovers two girls smoking marijuana in the washroom. The professor takes the two girls to the principal’s office. Following questioning by the principal, one of the young girls admits to having taken drugs. The other girl, Marie-Hélène, denies the fact. The principal orders her then to follow her to her office and demands to see her purse. The principal opens her purse and sees the drugs, which she removes, telling the young girl that she lied. While the principal was taking the drugs, she notices an object which may be a weapon, obviously also forbidden in the school. She therefore decides to fully search Marie-Hélène’s purse. The "search" revealed that the purse also contained a knife.

The principal seizes the objects, calls the police and informs Marie-Hélène’s mother of the events involving her daughter.

Can the teacher force the young girls to go to the principal’s office? Can the principal search her student’s purse when the latter breaks a

school regulation? Can the principal go further than the simple seizure of the drugs? Did she have reasonable cause to search the purse? After the discovery of the forbidden objects, what should she do? Could she have called the police before searching the purse? In the circumstances of this matter, can she become a witness in the

eventuality that a criminal charge be laid?

Search of a student’s purse (cont’d)



Scenario 3

Search of a locker

Max is a supervisor in a higher level of a secondary school. For a few days, he suspects a group of students of being involved in certain illegal activities. He observes them secretively exchanging objects near a locker belonging to one of the students who is a member of this group. However, he cannot see exactly what it is; he believes he saw a knife. This article is forbidden in the school.

Max shares his observations with the vice-principal. Together, they decide to open the locker of each student involved in order to learn information about the illegal activities of this group. The search reveals nothing in particular.

Search of a locker (cont’d)

Does the principal of a school have the right to open and search the locker assigned to a student?

If yes, specify the circumstances.In this case, did the principal have sufficient cause to do so?Can she proceed in the absence of the student who was assigned the

locker?Instead of proceeding with locker searches, can school authorities

instead request the collaboration of police forces and their specialized teams, if needed? (such as canine squad, sniffer dog…)

In the case of a specialized team, for example a canine squad, if a dog remains immobilized before a locker, can the police officer then seize the drugs without having a search warrant and charge the user of the locker?



Scenario 4

Criminal activities

For some time, it is obvious that a group of students is involved in the sale of drugs. They are observed by the supervisor and a few professors, while exchanges of money and small transparent bags takes place.

Situations are also observed where certain students appear to be victims of intimidation by the group involved. Additionally, this group loiter on the school property after school hours.

The principal decides to call the police. The latter are interested in intervening but cannot do so for several days.

Criminal activities (cont’d)

In the circumstances, what should the principal do?

What steps can she take? Explain.

If the police officers intervene promptly following the telephone call by the principal informing them of this situation, what should the role of the principal be? Explain.

How can the police intervene in these circumstances? Explain.



Scenario 5

Police investigation

Repeated calls from citizens about drug trafficking carried on by students at the high school, as much around the neighbouring businesses as on the school grounds, oblige the police force to begin a large-scale investigation.

In this context, the police service wish firstly to place a double agent in the school and also, if the situation so requires, to

interrogate the suspected students or the eventual witnesses.

Police investigation (cont’d)

Does the police force have the power to act in this way? How should school management react? Can the police officers interrogate the suspects at the site? Can they proceed with arrests? If no, explain. If yes, explain. Can school management intervene in this context? Explain. Can the police officers interrogate the witnesses at the school? How should they do this? What is the role of the school management in this context? On whom falls the duty to call the parents in order to inform them of

the interrogation or arrest of suspects or witnesses?



Scenario 6

Intervention by the vice-principal in the investigation process

At the end of the school day, following a conflict between two groups of youths of different ethnic backgrounds, a fight breaks out. The accused stabbed the victim and then fled, with the knife still in his hand. Several youth are witness to the altercation. Upon the arrival of the police, all the friends of the accused have already left. After having calmed the friends of the hospitalized victim, the vice-principal places each of them in a different room in order to help the police investigation and facilitate the interrogation of witnesses.

Meanwhile, in order to quickly identify the aggressor, the vice-principal takes out the album of students for the current year and surrounded by several of them, proceeds with a systematic examination of the photos and names of each students. With the rumours and after comparaison of the different descriptions of the physical particulars given on the individual wanted, the group succeeds in identiying the agressor. The police then proceed with his arrest.

Intervention by the vice-principal

in the investigation process (cont’d)

What should the school authorities do, once the police have been called to conduct an investigation?

In this case, can the vice-principal separate the witnesses, as much as possible, and put them in different rooms?

As the police investigation follows its course, can the vice-priincipal proceed with the identification of the agressor with the aid of the photo album? Explain.

Can criminal charges be laid?

In this case, can the vice-principal be called to testify?



Scenario 7

Taking of statements by school authorities

A midget basketball game took place in a secondary school. During the game the referees had to intervene repeatedly to calm high spirits. The host school was victorious and noisily showed its satisfaction, which was not appreciated by the losing team.

While the players waited for their parents to leave the school, or left on foot for home, insults were exchanged and the situation deteriorated. The trainer of the losing team was struck. He called the police.

Taking of statements by school authorities (cont’d)

Following the incidents, the principal of the host school, accompanied by the program coordinator, met jointly with the students involved, one at a time.

They explained to the students that the purpose of the meeting was to determine the involvement of each in the event and that everything could be used by the police.

Three students gave incriminating statements.

What do you think of the intervention by the school principal and the program coordinator?

Do you believe the incriminating statements are admissible as evidence in the court proceedings? Explain.

Taking of statements by school authorities (cont’d)



Scenario 8

Intimidation, extortion

Marc is a grade four student. For some weeks, his mother, notices that her son has been spiriting away small sums of money from her. This behavior surprises her. She confronts her son who eventually explains to her that Dave, age 12, a big youth in grade six, obligates certain students to pay him $0.50 a day in exchange for which, he insures their protection against other pupils who could beat them. Marc tried to avoid paying once or twice, but he was severely threatened by two 11 year old friends of Dave .

Marc’s mother communicates with the school principal to inform her of the situation, in order that she may take the necessary steps to put an end to this activity.

Intimidation, extortion (cont’d)

What should the principal do?

Can she call the police?

Can they intervene? Explain.


On what charge?

Investigation Section

Answers to scenarios





Scenario 1 – Search of an individual

Scenario 1 (Search of an individual)

Can a vice-principal search a student?

Yes.

Although students have a reasonable expectation of privacy with regard to their person and articles which they carry on them, they know that the teachers or other school authorities have the responsibility to provide a safe environment and to maintain order and discipline in the school and that, consequently, they can order a search of students and their personal effects as well as the seizure of banned articles.

Are there prerequisites to do so?

Yes.

However it is not necessary to obtain a warrant to do so.

School authorities must have reasonable cause to believe that there was a breach of a regulation or to school discipline and that the search

of a student will provide evidence.


Did circumstances exist in this case?

Yes

The vice-principal had received information from certain students to the effect that Alexandre was trafficking in drugs. These young "informers" were known to the vice-principal and were deemed credible in his eyes.


Are there rules of prudence to observe during a search of a person who is a student?Yes

What are they?

The search must be reasonable and appropriate to the circumstances, according to the seriousness of the infraction, the age and sex, for example.

It must be conducted in a delicate manner and be the least invasive possible.


After the discovery of drugs, what should the vice-principal do?

Seize the drugs;

Store them in a location provided for this purpose;

Complete the document provided for this purpose;

Call the police without delay;

Give the drugs and the document to the police officers.


What alternatives are available to him?

The vice-principal may decide to file a complaint so that criminal charges be brought or he may decide to apply disciplinary measures previously provided for this purpose.

He may also decide to apply both alternatives.



Yes.

Can the vice-principal be called as a witness, during an eventual court proceeding? Yes, evidently.



Scenario 2 Search of a student’s purse



Can the teacher oblige the young girls to go to the principal’s office?

Yes.

Students often find themselves instructed by teachers to go to a certain place and to remain there pending further instructions.

Scenario 2 (Search of a student’s purse)

May the principal search a student’s purse when the latter contravened a school regulation?

Yes.

She may conduct this search if she has reasonable grounds to believe that a school regulation has been violated or is in the process of being broken and that evidence of this violation can be found therein or on the person of the student being searched.


Can the principal go further than simply seizing the drugs?

Yes.

Once the principal saw an object which might be a restricted device, she then had reasonable grounds to continue searching the purse in order to confirm or refute the fact.


Did she have reasonable cause to search the purse?

Yes.

School authorities are in the best position to assess information which is given to them and to make the connection between that and the situation which prevails in their school.


After the discovery of banned objects, what should she do?

Seize the banned objects and substances;

Store them in a location provided for this purpose;

Complete the document provided for this purpose;

Call the police without delay;

Give the drugs and the document to the police officers;

Decide whether or not she wishes to lay charges.


Can she call the police before searching the purse?

Yes.

The young girls had taken drugs and were caught in the act.


In the circumstances of this matter, can she be a witness in the eventuality that a criminal charge be laid?

Yes, without a shadow of a doubt.


Context of an investigation Answers to scenarios


Scenario 3 – Search of a locker

Does the principal of a school have the right to open and search a locker assigned to a student? If yes, specify under what circumstances.

Yes.

Scenario 3 (Search of a locker)

One can reasonably say that infringement on the privacy of a student with regard to the locker which the school lent him is even more reduced than the one that exists with regard to his person.

It depends entirely on the degree of locker control exercised by school authorities .

It is therefore important to indicate in the agenda or in the code of conduct, that the locker remains the property of the school board.

That way, there would be no risk of confusion in the mind of the student on this question


In this case, did the principal have sufficient cause to act?Yes.

Carrying of firearms represents a risk of potential danger in schools and is so wide-spread that it threatens the capacity of the school authority to carry out the duty of maintaining a safe and orderly environment. Current conditions are such that it is necessary to give teachers and school administrators the necessary flexibility to settle disciplinary problems at the school. They must be able to act quickly and effectively to ensure the safety of the students and to prevent serious violations of the school regulations.


May she proceed in the absence of the student to whom the locker was assigned?

If the situation so requires, yes.


Instead of proceeding with locker searches, can school authorities instead request the collaboration of police forces with their specialized teams, if needed? (such as canine squad, sniffer dog…)Yes.

However, the school authorities should then allow the police service to do its work since the rules which govern its intervention are not the same as those for school authorities.


In the case of a specialized police team, for example a canine squad, if a dog remains immobilized before a locker, can the police officer then seize the drugs without having a search warrant and charge the user of the locker?


No, the behaviour of a dog in front of a locker does not in itself give reasonable cause. Other elements of the investigation should add themselves in order to justify issuance of a search warrant which the police officer should obtain.



Scenario 4 – Criminal Activities


Under these circumstances, what should school management do?What steps could they take? Explain.

Since the principal called the police, he should wait for the police intervention.

He should continue his supervision and ensure the safety of the students and the premises.

Scenario 4 (Criminal Activities)

If the police intervene rapidly after the phone call from the principal informing them of this situation, what should the principal’s role be? Explain.

Management must take appropriate measures to protect the health and safety of persons under its responsibility. Its role should have been clarified with the police service in advance.

Elsewhere, in a general sense, the school must allow the police service to do its work.


How should the police intervene in the circumstances? Explain.

The police service expects that school authorities will cooperate to assure the efficiency of the intervention.

Generally, in the case of an emergency, a intervention plan determining the roles of each party should be in place and unless it is an exceptional situation, the police service should conform to it.


In an investigative context, the police service limits its movements to the place reserved for administrative services unless the nature of the interventions requires its presence elsewhere in the establishment.

In the particular situation of this case, the police service should first meet with the management of the establishment to plan the process of the intervention.

It would be important to appoint contact persons on both sides to ensure continuous contacts.



Scenario 5 – Police investigation


Does the police force have the power to act this way?

Yes.

A police investigation may be conducted following a decision of the police service regardless of the location where the infraction was committed.

Scenario 5 (Police Investigation)

How should school management react?

They should cooperate with the police service. In this context, the roles of each should be determined in advance because there is at first a preliminary planning process followed by meetings to present the methods that will be used.


May police interrogate suspects at the scene? Can they proceed with arrests?If no, explain.If yes, explain.

Interrogation is normally done at the police station. Generally, the police service should have obtained a warrant to proceed with the arrest of a student. However, in certain cases, it may proceed with the arrest without a warrant (see frame of reference, on the subject).


Can school management intervene in this context?

Explain.

School management does not have to judge the motives invoked by the police officer to justify his intervention. It is up to the appropriate court to rule on the validity of the arrests.


May police officers interrogate witnesses at the school? Yes, the gathering of information can be done with a witness or any other person likely to provide information.

How should this be done?

In the scope of an investigation, no person has the obligation to answer a police officer’s questions. The authority to order a witness to divulge what he has seen is a privilege reserved for the court.


What is the role of school management in this context?

In this instance, school management could provide facilities to the police force in order to facilitate the investigation.


On whom falls the duty to call the parents in order to inform them of the interrogation or arrest of suspects or witnesses?

Police ForcePolice officers have the obligation of advising parents of the arrest of their minor child.Police officers do not have the obligation of advising parents when they interrogate their minor child as a witness.

Educational establishment

School authorities have the obligation of advising parents of the arrest of their minor child.School authorities have the obligation of advising parents when they interrogate their minor child as a witness.



Scenario 6 – Intervention by the vice-principal in the investigation process


What should school authorities do, once the police have been called to conduct an investigation?

When school authorities have made the decision to call the police service, it's better to let the police pursue their work (facilitating their task, if necessary and depending on their requests) but by staying away from the scene.

Scenario 6 (Intervention by vice-principal in investigation process)

In this case, can the vice-principal separate the witnesses, as much as possible, and put them in different rooms?

Yes.

This excellent initiative helps the investigation by preventing as much as possible exchanges of information between the witnesses. The versions gathered become even more credible since the possibilities of contamination of the evidence have been greatly diminished.


As the police investigation follows its course, can the vice-priincipal proceed with the identification of the agressor with the aid of the photo album? Explain.

No.

When the police investigation begins, the vice-principal has to withdraw from the process. By proceeding with the identification of the aggressor by means of the photo album in the manner described above, the vice-principal became a forefront actor, an official of the state and was subjected to all the rules to which a policeman is subjected during an investigation .


He would have been able to supply the album to the police officers to allow them to proceed legally with the identification of the aggressor, nothing more.

Similarly, the vice-principal should not try to obtain a version of the suspects because specific rules apply to the taking of a statement from a youth (Art. 56 YCJA). If these rules are not followed, statements will not be acceptable as evidence even though the youths were informed that their versions could be used for the police investigation. If no other evidence is available, the accused persons will be acquitted even though they admitted to the facts. Therefore, when a police investigation is ongoing, school authorities should withdraw.


Can criminal charges be laid?Yes.

However, the identification process of the accused person was not followed and it could lead to the acquittal of the latter.

Indeed, the witnesses exchanged information while being able to leisurely read the names of all the students.

The identification of the aggressor became the fruit of a comparison of recollections, association of faces to rumours and not the result of a rigorous investigation.

Regrettably, if no other proof, totally independent of the identification led by the vice-principal, connects the accused person to the crime committed, he will certainly be acquitted.


In this case, can the vice-principal be called to testify?

Yes, without a doubt, as a very important witness in the identification of the aggressor, in the same capacity as the investigator.

Once again to repeat, in this case, the vice-principal acted as a police investigator, without having followed the legal rules to which the latter would have been forced to follow, in an identification procedure.



Scenario 7 Taking of statements by school authorities


What do you think about the intervention by the school principal and the program coordinator?

The intervention by the school principal and the program coordinator can be qualified as purely "policing".

They did not act as delegates of parental authority who wanted to ensure that their students are evolving in a healthy environment, appropriate to their development .

They acted as investigators, without following the rules which would govern investigators in a criminal matter.

Scenario 7(Taking of statements by school authorities)

Do you believe that these incriminating statements are admissible as evidence in court proceedings?

Explain.

No.


The vice-principal and the program coordinator did not follow the rules governing the taking of statements from an accused person. By mentioning to the students that the result of their investigation could be used by the police officers, without giving a warning, without the right to a lawyer while a police investigation was in progress, they ill-advisedly interfered in a process and by this fact, the statements will not be considered admissible.

If no other evidence is available, the accused will be acquitted even though they admitted their involvement.

So, once again, when a police investigation is requested by school authorities, they should then withdraw.



Scenario 8 – Intimidation, extortion


What should the principal do?

Can she call the police?

Can they intervene? Explain.

Can criminal charges be laid? In which cases?

Scenario 8 (Intimidation, extortion)

Certain criteria may guide the decision whether or not to call the police service.

These same criteria can serve as a base to decide on measures to take following a violation of the school's rules of conduct and of safety, or once an infraction has been noted:


The circumstances, nature or seriousness of the infraction;

The safety of individuals or the premises;

The age of the alleged perpetrator, prior conduct;

The collaboration of the parents;

The risk of re-offending.


The principal should call the parents and should assess the criteria mentioned above.

She can therefore call the police, who can then intervene according to the pre-established plan.

Criminal charges could be laid against Dave who is 12 years old.

As for the two other 11 year old friends, they can not be accused due to their age, but that does not rule out a police intervention.


Search of students By the principal

Supreme Court of Canada ruling M.R.M. V. The Queen (1999) 20 C.R. (5) 197.

A school principal may proceed with a search of a student if the following conditions are all present:He has reasonable cause to believe that a school regulation was violated or is being violated;He has reason to believe that evidence of this violation can be found on the person of the student;The search must be delicate and the least invasive possible.

Note : The police officer may be present for this search. If he remains passive, the evidence will be admissible.

Frame of reference"Police Presence in Educational Establishments"

Search of students By the police officer

The usual rules apply. The police officer may search a student after placing him under arrest.

The police officer may never use a tracking dog "to search" a student.


Search of a locker

By the principal

Appeal Court of Manitoba ruling The Queen v. Z. (S.M.) (1999) 131 C.C.C. (3d) 436 The principal may proceed to search the students’ lockers, because the expectation of privacy is reduced in a school.If, in this school, there is a code of conduct or a regulation which foresees that the principal may search lockers without advance notice, it is not necessary that these searches be justified or that the principal has cause to believe that banned articles are contained therein.In the absence of a regulation or of a code of conduct, it is expected that the principal proceeds with a locker search only when circumstances justify it. Note : The principal may invite the police officer to assist him in this search. Because the officer participates actively in the search, the usual rules for police

officers then apply.


Search of a locker By the police officer

The usual rules apply to a search inside a locker, the police officer must obtain a search warrant.

The police officer may, if need be, bring a tracker dog to the front of the students' lockers.

If, by its behavior, the dog indicates a particular locker, the police officer will then have reasonable grounds justifying the issuance of a warrant.

The Queen v Leipert (1997) 1 RCS p. 281

Me Denis Asselin and Me Suzanne Bousquet, Division des affaires juridiques, SPCUM (September 2000)


Conclusion

1. It is up to each milieu to update this frame of reference and

to eventually sign a protocol between both parties involved, namely those responsible for the educational establishment and those of the police force(s).

2. To prevent and curb violence in the school environment should be the object of a community effort, based on dialogue by

the various networks of the partners, and starting with the preschoolers.

3. Thanks to this collaboration, the police action will increase in efficiency and the school will improve in safety.

Protocol

With regard to the frame of reference "Police Presence in Educational Establishments" we, signatories of the aforementioned protocol, on behalf of our respective bodies, commit ourselves, to the best of our knowledge, in a spirit of dialogue and collaboration, for the general well-being of our community.

Protocol

In a context of prevention and community relations

The educational establishment undertakes:

To work towards the development of attitudes and responsible social behavior with the students, both youth and adults.

To promote a preventive approach by enhancing the learning of respect, collaboration and sharing.

To encourage joint actions calling on a contribution by various partners, aiming to offer a continuous service and to promote the development of youth in a healthy and secure context.

Protocol


The educational establishment undertakes: (cont’d)

To consider the parents as primary partners bearing the major responsibility for the education and development of their children.

To consider the police force as partners who contribute to education , to rights and responsibilities which is offered to students, and which includes interventions of a preventive and corrective nature.

To collaborate and participate in the organization and realization of community activities.

To respond to the defined needs collectively with the partner(s).

Protocol


The police force undertakes:

To encourage the development of attitudes, skills and techniques favoring the resolution of conflicts in a peaceful manner and to intervene in a pertinent way towards aggressive behavior.

To inform and to create awareness of the diversity and complexity of problems linked to violence.

To give students the opportunity to assist in the prevention of acts of violence.

To establish a link with its partners to find lasting community solutions to the various problems experienced in the school environment.

Protocol


The police force undertakes: (cont’d)

To act as a resource person and to direct the students and parents towards specialists or appropriate organizations.

To collaborate in the organization of community activities (outings, sports activities, etc. …) To participate in concerted actions in association with the "school" team and the students.

To respond to the defined needs collectively with the partner(s). To participate when necessary in individual measures to answer the

specific needs of a student.

Protocol

In the context of an emergency


To foresee the procedure to be followed in cases where an emergency situation requires the presence of a police officer.

To set up mechanisms encouraging disclosure to the management of an educational establishment, or to a member of personnel, of any act capable of threatening the safety of individuals or seriously disrupting the functioning of the establishment, to enable a fast and efficient intervention.

Protocol


The educational establishment undertakes: (cont’d)

To request, when required, assistance from the police force, to record all information on a separate sheet on file and to advise the parents of those involved.

To plan a feedback session with the partner(s). To agree on a joint communication strategy and to appoint

an official spokesperson.

Protocol



To foresee the procedure to follow in a case where an emergency situation requires the presence of a police officer.

To inform management of the educational establishment before intervening or, as soon as possible.

To foresee joint feedback with the partner(s). To jointly agree on a communications strategy and to appoint an

official spokesperson.

Protocol

In the context of an investigation


To allow and facilitate a police intervention when various motives justify and require it.

To facilitate various actions relative to the police intervention when required.

To foresee joint feedback. To foresee a common communication plan with the partner(s) and to

appoint an official spokesperson.

Protocol

In the context of an investigation


To inform the management of the educational establishment of the various grounds which may require a police intervention in this context.

To inform the management of the educational establishment of the various actions pertaining to the police intervention in this context.

To foresee joint feedback. To foresee a common communication plan with the partner(s) and to

appoint an official spokesperson.

Protocol

Conscious that together, through dialogue, partnership and collaboration that we are going to work best towards the well-being of our community, we affix our signatures:

Date: _________________________

Educational establishment by : _____________________

Police Force by: ______________________

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