THE DUTY TO SUPERVISE presented by the OPC Protective Services Team Hosted on behalf of.
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Transcript of THE DUTY TO SUPERVISE presented by the OPC Protective Services Team Hosted on behalf of.
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THE DUTY TO SUPERVISE
presented by the OPC Protective Services Team
Hosted on behalf of
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Students Teachers School-based staff Board employees: Academic
Board employees:
Plant
Who Do Principals Supervise?
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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
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VIDEO CHAT 2Supervision of Performance
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Performance: “About the Work”
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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
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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*
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VIDEO CHAT 3Supervision of Behaviour
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Behaviour = Conduct: “About the Worker”
V.S.
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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
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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
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Objective Measure
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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
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VIDEO CHAT 4The Role of the District School
Board
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Board Support: What does it Look Like?
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Off-Duty Conduct:Can these board employees be
dismissed?
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VIDEO CHAT 5The Role of the Union
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Collective Agreement: Just Cause
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Labour Relations: What is the Principal’s Role?
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Process is Your Friend!
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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
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The Ontario College of Teachers
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OPC Resources
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Principal as “Agent of the Board”
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Thank You for participating
THE DUTY TO SUPERVISE
presented by the OPC Protective Services Team
Hosted on behalf of