If It Happens to You (Professional Relations Services)
Many of you will have read the Robert Munsch story, Thomas’ Snowsuit, to your students. When Thomas refuses to put on his snowsuit to go out to play at recess, his teacher and his principal try to force him into it. The story is a classroom hit, but have you ever thought about what would happen if such a situation occurred in your classroom? Thomas might tell all his friends that you had yelled at him and wrestled him to the floor. He might say that he ended up wearing your dress while you stood there in his snowsuit, and that when he left, you and the principal were fighting each other.
When it became known, the incident would be reported to the Children’s Aid Society (CAS). Since it involves a possible physical assault on a student and possible sexually inappropriate behaviour, the incident might also be reported to the police. You would most likely be suspended from teaching pending the outcome of these investigations; if you were charged by the police, you would be suspended until criminal proceedings were concluded. Then the school board would want to meet with you to determine what, if any, discipline to impose. The board might move to fire you. Finally, there could be a complaint to the Ontario College of Teachers (OCT), which could result in discipline. This might include the college suspending or revoking your licence to teach in Ontario. All of these outcomes could affect you personally and professionally.
What would you do if this happened to you? Allegations can arise from any number of teaching situations, even when there has been no deliberate or obvious misconduct. Professional Relations Services staff at ETFO have the following advice.
DO NOT PROVIDE ANY STATEMENTS
Do not give anyone a written or verbal account of the incident. This applies even when you know exactly what the allegation is, who the students involved are, and that you are innocent. Anything you say about an allegation – including a denial – is a statement. If your principal asks for a written report, say that you want to speak to ETFO first. It may be helpful for you to make notes about the incident while it is fresh in your mind; however, do not show your notes to anyone until you have an opportunity to get some advice. In some cases, you will have no idea what the allegation is and will be tempted to speak to the police or the CAS to find out. Resist that temptation. Let your union or its legal counsel get this information for you.
Many allegations are referred to the police for investigation, either directly or by the CAS. You will not necessarily be told that the police are involved. If they are, understand that a criminal charge is possible. Do not assume that talking to the police and explaining “your side of the story” will necessarily end the investigation; talking to the police could, in fact, work against you. If you are contacted by the CAS or the police, or if you are being asked by anyone else to respond to an allegation, you should say that you want to co-operate, but that you wish to speak to the union first.
CONTACT ETFO
ETFO is your union and has experienced staff available to help you. If you are at school when you learn about an allegation, tell the principal you need to call ETFO immediately. Ask to make the call from a private office. This will allow you to have a frank discussion about your situation and get advice about handling any investigations that may be underway. Where appropriate, ETFO will provide you with a lawyer who can explain and defend your legal rights, contact the investigating officers or caseworkers on your behalf, and act as your advocate throughout the process.
If you are contacted by the police or Children’s Aid Society regarding an allegation
- Do not participate in or consent to an interview.
- Make no statement to anyone regarding the allegation.
- Say, “I am willing to co-operate but I am unable to comment until I contact the federation and legal counsel.”
- Call Professional Relations Services staff at 1-888-838-3836 or 416-962-3836.