EDUC 5963
Legal Aspects
Policy 701 - Key Points
1. This policy is normally referred to as the Pupil Protection Policy.
2. This policy protects against abusive behaviour by adults, including
physical, sexual, and emotional abuse, and discrimination.
3 The adults that Policy 701 applies to include: school personnel, contract and casualemployees, visiting professionals,student teachers, and volunteers.
4. This procedures of this policy apply whenevera pupil is the responsibility of the
school system and when an adult affiliated with the school system abuses any
child, whether the child is a pupil in the public school system or not andregardless of
the involvement of external agencies.
5. Under this policy there are two categories of behaviour discussed. They are
abuse andmisconduct.
6. The most serious category abuse deals with illegal actions counter to the position of trust
conferred upon adults in the school system that include: breaches of theFamily Services
Act, offenses under the CriminalCode, and discrimination under the NB Human Rights
Act or Canadian Charter of Rightsand Freedoms.
7. The two required actions when dealing with category I infractions are to report the
behaviour to the superintendent or designated person as soon as possible, and verify
that Child Protection Services have been notified.
8. Examples of behaviour for the second category include attempting to pursue, isolate, or see
pupils individually without a valid reason, behaviour which generally creates ahostile or
offensive atmosphere, behaviour which would be consideredoffensive or insulting exceeding
reasonable limits of discipline and has remained unremediated after normal intervention by
superiors.
9. Non-professional conduct is defined as: conduct having or likely to have an injurious effect
on the physical, mental, social, or emotional well-being of a pupil or any other person under
the age of 19 years.
10. Who determines inappropriateness for the second category?
Professional educators in the New Brunswick public education system.
11. List five behaviours that are not considered inappropriate under categorytwo:
Normal work or achievement evaluations and discipline measures taken for valid reasons;
Physical force or restraint not exceeding that required for protection of an orderly learning
environment, personal safety, the protection of others, or the protection of school property;
compliments which respect an individual’s dignity; patting the back, holding the hand,
hugging to comfort as appropriate to the situation and the physical or developmental age of the child; assisting with toileting or personal care to the extent that a pupil is not able to perform these tasks without assistance.
12. The policy also includes guidelines for addressing inappropriate behaviour management.
13. Examples that breach these guidelines include: personal attacks on pupils’ character rather
than their behaviour, continuous use of sarcasm, undue, non-constructive criticism in dealing
with pupils, and habitual uncontrolled temper.
14. In order to prevent the possibility of the above infractions the policy requires that the
superintendent ensure screening procedures and all adults are familiar with and adhere to
Policy 701 and the Child Victims of Abuse and Neglect Protocols.
15. How does the complaint process differ between categories I & II infractions?
The superintendent is involved in the information gathering and decision making processes
for both categories BUT Child Protection Services is only involved in Category I infractions.
16. Who is ultimately responsible for investigations and disciplinary actions related to the
school system? The superintendent.
17. The employer must act on all complaints, even if they come from a/an anonymous source.
18. All category I and II complaints must be documented using the Complaint Summary form.
19. Section 30 of the Family Services Act require adults in the school system to notify Child
Protection Services when they have information causing him/her to suspect that a child has
beenabandoned, deserted, physically or emotionally neglected, physically orsexually ill-
treated or otherwise abused.
20. What differences are there in the reporting of infractions for the inappropriate behaviours in
this policy?
Category I – Contact superintendent and Child Protection Services
Category II – Contact superintendent
Guidelines – Contact principal
21. What determines the right for the respondent to know about a complaint against him or her?
In any case the respondent will be informed as soon asan investigation is launched.When
external legal agencies are involved they determine the timing for informing the Respondent
of the details of the allegations. Otherwise the superintendent will do so as soon as possible.
22. What is the role of the investigative team?
At the conclusion of the investigation, the investigative team shall provide a written report to thesuperintendent. The report shall describe the investigative procedure used, describe the events in detail, and state whether the complaint was founded, unfounded, unsubstantiated or false.
23. How does this policy deal with adult behaviour external to the school system?
Any person who becomes aware that an adult who is in contact with pupils in the public
school system has been charged with any violent crime or crime against a child shall
immediately inform the superintendent of the appropriateschool district.
24. How are complaints under the inappropriate behaviour management guidelinesusually
resolved?
They are treated as personnel issues which require supervision by the principal.
25. What behaviour leads to an automatic dismissal?
All instances where an employee has asexual relationship with a pupil or sexually abuses a
pupil.
26. What protections does this policy provide against false or malicious reports?
It provides appropriate disciplinary action up to and including suspension in the case of
pupils, dismissal of employees or banning from school premises and possible legal action in
the case of parents and volunteers. In addition the respondent may pursue civil action against
those responsible for the false or malicious complaint.