THE DUTY TO SUPERVISE

presented by the OPC Protective Services Team

Hosted on behalf of

Students Teachers School-based staff Board employees: Academic

Board employees:

Plant

Who Do Principals Supervise?

VIDEO CHATThe Duty To Supervise

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Students Teachers School-based staff Board employees: Academic

Board employees:

Plant

Regular

SPE

Sect.23

E-learn’s

Contract

Occasional

VP ECE EA Office Adm Custodians

Psychologist Social Work Speech/ Lang Autistic Svs Behaviour Oth Supports

Contractors Maintenance Trades

Principals Supervise

VIDEO CHAT 2Supervision of Performance

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Performance: “About the Work”

Authority To Supervise Performance

Students StaffEducation Act R.S.O. 1990 Regulations:•298 Operations of Schools• 306 Special Education Programs and Services• 374/10 Supervised Alternative Learning and other Excusals from Attendance at School• 181/98 – Identification and Placement of Exceptional Pupils• PPM 142 – School Board Programs for Expelled Students•PPM 146 – Revisions to Credit Requirements etc.•Education Quality and Accountability Office Act, 1996

Education Act R.S.O. 1990

• X.0.1 New Teacher Induction & Reg. 266/06

• X.2 Teacher Perf, Appraisal & Reg . 99/02• X.3 Designated ECE• XI – Supervisory Officers & Reg. 309• XI.1 – Performance Appraisal of Principals• 265 (m) Duties of Principals

• Reg. 298 Operations of Schools. • Reg. 98/02 Teacher Learning Plans

• Ontario College of Teachers Act, 1996•Reg. 437/97 Professional MIsconduct• Ontario Human Rights Code R.S.O. 1990

Board Policies that Relate to the Supervision of Performance

Students Staff• Special Education Plan•SALEP• Reporting to parents

Policies relating to:• New Teacher Induction• TPA• PPA• Performance appraisal of support staff• Collective Agreement

• Accommodation of disability*

VIDEO CHAT 3Supervision of Behaviour

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Behaviour = Conduct: “About the Worker”

V.S.

Authority to Supervise Behaviour

Students Staff• Ed. Act Part XIII Behaviour, Discipline & Safety• Ed Act 265 (m)

• Reg. 298 Duties of P, T, and Pupil• Reg. 472/07 Behaviour, Discipline, and Safety of Pupils

• PPM 144 Bullying Prevention• PPM145 Progressive Discipline

• Education Act R.S.O. 1990 Act X.O.1, X.2, • X.3, XI, XI.1 • Ontario Labour Relations Act S.O. 1995• Ontario Health & Safety Act R.S.O. 1990• Employment Standards Act 2000• Child & Family Services Act R.S.O. 1990• Ontario Human Rights Code R.S.O. 1990• Ontario College of Teachers Act 1996 *

• O. Reg 437/97 Professional Misconduct•Municipal Freedom of Information Protection of Privacy Act R.S.O. 1990

Board Policies that Inform the Supervision of Behaviour

Students Staff• Safe Schools Policy

• Bullying Prevention Policies

• Cole of Conduct

• DSB Discipline/Culpable Behaviour

• Collective agreement, past practice and arbitral decisions

Objective Measure

Progressive Discipline

Progressive Discipline

1. Verbal Warning

2. Written Warning (copy to HR file)

3. Written Discipline/Reprimand

4. Suspension with pay

5. Suspension w/o pay

6. Dismissal

N.B. Very serious misconduct may justify starting process at a higher step

VIDEO CHAT 4The Role of the District School

Board

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Board Support: What does it Look Like?

Off-Duty Conduct:Can these board employees be

dismissed?

VIDEO CHAT 5The Role of the Union

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Collective Agreement: Just Cause

Labour Relations: What is the Principal’s Role?

Process is Your Friend!

VIDEO CHAT 6Disability Management

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VIDEO CHAT 7Accountability

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Bad Behaviour: Possible Adjudicators

College of TeachersWas the behaviour

professional misconduct?

Incapacity?

TribunalsDid bad behaviour occur?

Was the process fair?

Employer Board Did bad behaviour occur?

What discipline, if any, will be imposed?

Civil Justice System *

Did bad behaviour result in injury, loss?

Criminal Justice System Was the bad behaviour criminal?

Steps:Discipline or Fitness to Practice•Investigation *•Dispute resolution or

Hearing

Outcomes:•Exoneration*•Limitations•Undertakings•Revocations

Venues:Grievance

Arbitration

OHR Tribunal

Occ HS Bd

•Discipline upheld, modified, or quashed

Steps:

Investigation

Exoneration

Discipline

Steps:

Lawsuit filed

Investigation*

Examination for Discovery*

Trial

*settlement

Award made to plaintiff if loss/injury determined and quantified

PoliceInvestigation

Charge

Trial

Not guilty

Guilty/Penalty

The Ontario College of Teachers

OPC Resources

Principal as “Agent of the Board”

Thank You for participating

THE DUTY TO SUPERVISE

presented by the OPC Protective Services Team

Hosted on behalf of