OECTA Assisting and Supporting Teachers

Teachers and Investigations

Every year, more and more teachers must confront investigations conducted by the Children’s Aid Society, the police or the College of Teachers and school boards.

No one tolerates teachers who would abuse students, sexually or physically. Such individuals harm innocent students, break the professional trust of teachers and damage our professions reputation. OECTA, provincial and local, is committed to eradicating child abuse at all levels. OECTA is also committed to ensuring that all members receive a fair and just hearing and are considered innocent until proven guilty.

The number of cases where students allege they have been abused or assaulted by a teacher is rising dramatically across this country. Since 1990, the number of allegations has increased tenfold. OECTA provincial handles between 125 and 150 cases in a typical year. Increasingly, students and parents regard any kind of physical contact, including a simple tap on the shoulder, as an assault. Likewise, allegation of sexual harassment and abuse are sometimes made over something as innocent as a thank you note or looking at the student the wrong way.

What you should do if you are being investigated.

If you are being investigated by any agency, do not make any statements to anyone; contact OECTA provincial to
secure immediate advice and assistance.

Children’s Aid Society

The CAS may be called to investigate a complaint by anyone – a student, parent or school administrator. The CAS investigates all complaints, no matter how frivolous or vexatious they seem. The CAS may inform you of an investigation directly or through your principal. This investigation may take any where from one day to six months.

If a CAS caseworker arrives at your school to question you, or you are asked by your principal to discuss any CAS investigation, ask politely to delay the meeting until you have had the opportunity to speak with legal counsel through OECTA.

If you are informed in any way of a CAS investigation,
contact OECTA’s Counseling and Membership Department immediately 1-800-268-7230.

College of Teachers

The Ontario College of Teachers investigates when there is a written complaint about a teacher who is a member of the College. The Registrar or any member of the public can initiate a complaint. College staff can not refuse to investigate a formal complaint. A teacher is usually contacted by telephone to inform him/her of the complaint. The actual complaint is mailed to the teacher – it will indicate the allegations and provide an overview of the investigation process. Once you receive the written complaint, do not make any comments to anyone without contacting OECTA Provincial Office.

If you are contacted by the College of Teachers, regarding an investigation contact the:
Unit office – 1-888-250-3799 or
Provincial office – 1-800-268-7230 immediately.

Police

The police may investigate any complaint of possible criminal activity that is brought to their attention. The police may question individuals before charges are laid. You have the right to remain silent and consult a lawyer before speaking with the police. If the police wish to speak with you before you have contacted an OECTA representative or lawyer, inform them you will be cooperative but that you wish to contact a lawyer through OECTA before answering any questions.

If you are being investigated or if you are arrested, call your local unit office or the Provincial Office at 1-800-268-7230.

OECTA provides legal counsel and legal representation if necessary once Provincial Office staff in the Counselling and Member Services department make the referral. Provincial Office staff determine if the alleged offense directly relates to your teaching duties.

In emergencies, where you are arrested and unable to contact OECTA Provincial Office staff, for example on a weekend or after 5:00 pm, obtain a lawyer of your own choice or a legal aid lawyer for short-term assistance. Contact OECTA Provincial Office as soon as possible to ensure that the appropriate OECTA lawyer can be secured on your behalf.

Avoiding False Allegations

Any teacher is a potential victim of a false allegation.

Cautious, professional conduct is the best prevention:

• Maintain professional boundaries.
• Avoid relationships that can become personal –
  even with adult students.
• A teacher’s duty is to be a role model, not a best friend.
• Avoid meeting students outside of school.
• Avoid driving students in your personal vehicle.
• Avoid touching students when reprimanding or disciplining them.
• Do not email students.
• Avoid mixing socially with students.
• Avoid keeping a student alone in the classroom.
• Avoid physical demonstrations of concern, such
  as hugs, unless in public view of colleagues or
  other students.