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Reporting Peer to Peer Violence in Schools Slideshare Version (2)

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Reporting Peer to Peer Violence in Schools Slideshare Version (2)

Reporting Peer to Peer Violence in Schools Slideshare Version (2)

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Reporting Peer to Peer Violence in Schools Slideshare Version (2) Reporting Peer to Peer Violence in Schools Slideshare Version (2) Presentation Transcript

  • To view this presentation as a webinar with sound visit CLEONet http://www.cleonet.ca/training CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario. www.cleonet.ca
  • About our presenter… Long-time educator, activist and lawyer, Zahra Dhanani is the Legal Director for the Metropolitan Action Committee on Violence Against Women and Children (METRAC), an agency that ensures access to justice for women, youth and children facing the threat of violence.
  • School Safety Reporting Peer to Peer Violence In Schools: What you need to know Presented by Zahra Dhanani Legal Director, Justice Program
  • METRAC’s Youth Program
  • METRAC’s Youth Program
  • METRAC’s Youth Program
  • Just Legal Information…Sorry!
    • I CAN try and answer general legal information questions.
    • I CANNOT give advice on individual cases.
    "Safer for Women, Safer for Everyone"
  • Overview
    • Snapshot of Legislative Framework
    • Context: How Bill 157 Came About
    • The Faulkner Report
    • BILL 157: PART I
    • BILL 157: PART II-IV
    • CHALLENGES WITH THIS LEGISLATION
    • RECAP
    "Safer for Women, Safer for Everyone"
    • LEGISLATIVE
    • FRAMEWORK
    "Safer for Women, Safer for Everyone"
  • Legislative Framework: School Safety
    • Education Act (Bill 157)
    • Criminal Code
    • Youth Criminal Justice Act (YCJA)
    • Ontario Human Rights Code
    • Child and Family Services Act
    • Privacy Legislation
    • NOTE: A lot of School Safety Practices are found in “Program Policy Memo’s” and “Operational Procedures” guidelines.
    "Safer for Women, Safer for Everyone"
  • CFSA: Duty to Report
    • S.72 Anyone (SW’s, Lawyers, etc.) has become aware that a child has suffered or is at the risk of suffering harm (neglect, abuse, lack of care/medical treatment) by someone who has “charge” (parent, babysitter, teacher) of the child, MUST REPORT TO CAS.
    • PENALTY: Could be convicted, fine of $1000.00 and/or imprisonment for up to 1yr.
    "Safer for Women, Safer for Everyone"
  • Using the Criminal Court System Possible Charges
    • Assault (s. 265)
    • Criminal Harassment (aka. “stalking”) (s. 263)
    • Unlawfully causing bodily harm (s. 269)
    • Sexual assault with a weapon, threats to a third party or causing bodily harm (s. 272)
    • Aggravated sexual assault (s. 273)
    • Uttering threats (s. 264.1)
    • Sexual exploitation of a person with a disability (s. 153.1)
    • Forcible confinement (s. 279(2))
  • Criminal Code Covers
    • Sexual interference
      • Criminal Code s. 151; victims aged 16 and under
    • Invitation to sexual touching
      • Criminal Code s. 152; victims aged 16 and under
    • Sexual exploitation
      • Criminal Code s. 153
    • Incest
      • Criminal Code s. 155
  • What is Sexual Assault?
    • Any unwanted sexual act done by one person to another
    • Can include everything from an unwanted kiss or touch of a sexual nature to forced penetration, vaginal or oral
    • There does not have to be any physical injury
    • Force, threats, intimidation or coercion to engage in sexual that is undesired, may be sexually assault
  • OHRC: Sexual Harassment
    • = Any unwanted action/comment of a sexual nature in public environments (workplace or school)
    • In Canada, sexual harassment falls under Human Rights Law (Ontario Human Rights Code and Canadian Human Rights Act), and not the Criminal Code of Canada.
    • What to do? May be reported to office of Human Rights Legal Support Centre, rather than police
  •  
  • Reporting to the Police
    • Bill 157 does not speak to the issue of reporting sexual assault (or other offences) to the police. That matter is still dealt with by local school board protocols on the subject. Within the Toronto District School Board (TDSB) this type of reporting is governed by: Policy P.045 SCH: Dealing With Abuse and Neglect of Students , Operational Procedure PR.560 SCH: Abuse and Neglect of Students , and Operational Procedure PR 697 SCH: Consequences of Inappropriate Student Behaviour .
    "Safer for Women, Safer for Everyone"
  • Police: Let them Investigate
    • The Procedural Guide “Abuse and Neglect of Students” makes it clear that if a Board member becomes aware of sexual assault allegedly perpetrated by a student 12 years of age or over, the Board employee:
      • Must inform the principal or designate immediately, and
      • Must not investigate the disclosure unless specific instructions are received from the police.
      • Toronto District School Board (September 12, 2007), Operational Procedure PR.560 SCH, “Abuse and Neglect of Students,” at 8 online: < http://www.tdsb.on.ca/ppf/uploads/files/live/99/281.pdf>.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Principals must consult SW’s
    • The principal must contact the Chief of Social Work and Attendance to make further decisions (when and how to communicate with the police, appropriate intervention strategies and discipline, support for the victim, and notification to the Safe Schools Administrator).
    • Toronto District School Board (September 12, 2007), Operational Procedure PR.560 SCH, “Abuse and Neglect of Students,” at 8-9, 11 online: < http://www.tdsb.on.ca/ppf/uploads/files/live/99/281.pdf>.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Must report Sexual Assault
    • The principal or designate must contact the police in response to all reports of sexual assault. Once an investigation is commenced, the Safe Schools Administrator determines an appropriate placement for the alleged perpetrator. The Road to Health: A Final Report on School Safety found that, in practice, students 18 years of age and over were permitted to decide whether the police should be contacted in cases of sexual assault.
    • Julian Falconer, et al. The Road to Health: A Final Report on School Safety , Volume 3 (January 2008) at 384, online: < http://www.schoolsafetypanel.com/pdf/finalReport_volume3.pdf>.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Youth Criminal Justice Act
  • Youth Criminal Justice Act
    • 12-17 yrs old
    • EJM
    • Aboriginal youth
    • Restoration, Re-integration and Rehabilitation
    • Previously Juvenile Delinquents Act and then The Young Offenders Act
    • Youth Identities must be protected
    • Youth Court
    • Alternative Custody to adult jails
    Metropolitan Action Committee on Violence Against Women and Children (METRAC)
  • Context: School Safety
    • Guns in lockers? That's to be expected, they say.
    • Girls having their rear ends &quot;smacked&quot; in the hallway? It's common, they say.
    • Boys throwing girls to the ground, kicking snow in their faces and getting a cheap feel? That's just a &quot;snowjob&quot; and it happens in the schoolyard after the snow falls.
    • Brett Popplewell, Michelle Henry & Robyn Doolittle, “Few Fears Among Students” The Toronto Star (11 January, 2008)
    &quot;Safer for Women, Safer for Everyone&quot;
  • Range of Issues:
    • Hate Crimes: “Die Dyke”, LGBTQ youth experience highest level of hate crimes.
    • 50% of all Hate Crimes are committed by youth
    • Young Women with Disabilities 4 x’s as likely to experience violence/harrassment
    • Young Women performing oral sex to avoid intercourse : “Rainbow Rings”
    • 17 yr old got an 11 yr old pregnant, the 11 year old showed signs on many levels, no one reported or dealt with it.
    &quot;Safer for Women, Safer for Everyone&quot;
  •  
  • Context: School Safety
    • A 2008 report from the Centre for Addiction and Mental Health stated that 36% of boys and 46% of girls in grade nine complained of unwanted sexual contact of some kind. By grade 11 this rate declined significantly for boys, yet remained at 46% for girls.
    • David A.Wolfe & Debbie Chiodo, “Sexual Harassment and Related Behaviours Reported Among
    • Youth From Grade 9 to Grade 11”, CAMH Centre for Prevention Science (Toronto: Centre for
    • Addiction and Mental Health, February 5, 2008), p. 3.
  •  
    • THE FALCONER REPORT
    &quot;Safer for Women, Safer for Everyone&quot;
  • The Road to Health: A Final Report on School Safety &quot;Safer for Women, Safer for Everyone&quot;
  • The Road to Health: A Final Report on School Safety
    • Commissioned after the death of Jordan Manners at C.W. Jefferies Collegiate on May 15, 2007
    • Panel consisted of Julian Falconer, Linda MacKinnon, and Peggy Edwards
    • Report was released in January 2008
    &quot;Safer for Women, Safer for Everyone&quot;
  •  
  • The Road to Health: A Final Report on School Safety
    • Some key findings:
      • 23% of students reported that they know someone who had brought a gun to school in the past two years
      • 22.5% reported that they have seen a gun in the past two years
      • 6.1% reported that they knew four or more people who brought guns to school in the past two years
      • Julian Falconer et al. , “The Road to Health: A Final Report on School Safety” (January 2008) at 2.
    &quot;Safer for Women, Safer for Everyone&quot;
  • The Road to Health: A Final Report on School Safety
    • The Report also uncovered a culture of sexual assault that was going unaddressed by school officials. In one incident, a young women was sexually assaulted and school officials chose not to report the incident to her parents or the police based on the fear that she would be further punished because of her race/religion. This decision was based only on stereotypes.
    • Julian Falconer et al. , “The Road to Health: A Final Report on School Safety” (January 2008) at371-372.
  • What has been revealed
    • It was revealed that the young girl had been caught in a washroom with 6 boys performing oral sex. When the school administrator found out he chalked it down to “promiscuous behavior”. He did not report it to her parents, because she was Muslim and he made a judgement that the parents would not want to hear about this. This decision was based on no evidence.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Context: The Safe Schools Initiative 2008
    • A project of the Ministry of Education
    • Provides a Code of Conduct
    • Provides information about bullying
    • The Safe School Action Team has written a report entitled “Shaping a Culture of Respect in Our Schools” which deals with “gender-based violence, homophobia, sexual harassment and inappropriate sexual behavior in schools, as well as barriers to reporting these incidents.”
    &quot;Safer for Women, Safer for Everyone&quot;
  • School Safety
    • Can involve violent acts such as assault or murder as well as bullying and verbal assault
    • Can involve weapons such as guns or knives
    • Must be considered within a gendered and racialized framework
    • Can involve sexual assault
    • Can involve hate crimes based on sexual orientation, race, religion, ethnicity, gender
    • Can be made worse by a system that ignores the victims of violence
    &quot;Safer for Women, Safer for Everyone&quot;
  • Shaping a Culture Report
    • “ We believe that every adult in the school has a role to play in addressing gender-based violence, homophobia, sexual harassment, and inappropriate sexual behavior. Behavior that is not addressed becomes accepted behaviour .”
    &quot;Safer for Women, Safer for Everyone&quot;
  • What are you thinking?
    • QUESTIONS
    • OR
    • COMMENTS?
    &quot;Safer for Women, Safer for Everyone&quot;
  • Reactions and Responses
    • BILL 157
    • Amending the Education Act
    &quot;Safer for Women, Safer for Everyone&quot;
  •  
  • Bill 157: Timeline
    • Bill 157 is an Act to amend the Education Act
    • First reading: March 12, 2009
    • Second Reading: April 7, 2009
    • Third Reading: June 1, 2009
    • Royal Assent: June 5, 2009
    • Became law: February 1, 2010
    • Very few Bills get passed this quickly
  • Bill 157: Staff-Principals-Parents
    • Bill 157 is designed to ensure that certain “harmful incidents”, including sexual assault, do not go unreported within the school and that parents/guardians are informed of harm suffered by their children
    • The legislation deals primarily with reporting of incidents by teachers/other staff to principals , and by principals to parents and the appropriate authorities
    &quot;Safer for Women, Safer for Everyone&quot;
  • What incidents?
    • The types of activities that must be reported include those that can lead to :
    • Expulsion
    • Or
    • Suspension
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: Suspension
    • Incidents that can lead to suspension include:
      • Uttering a threat to inflict serious bodily harm on another person
      • Possessing alcohol or illegal drugs
      • Being under the influence of alcohol
      • Swearing at a teacher or at another person in a position of authority
      • Committing an act of vandalism that causes extensive damage to school property
      • Bullying
      • Any other activities identified in school board policy. [1]
    • “ Keeping Our Kids Safe at School: Reporting and Responding to Incidents” (Ontario: Queen’s for Ontario, 2009) at 2, online: <http://www.edu.gov.on.ca/eng/safeschools/KeepKidSafeSchool.pdf>.
    &quot;Safer for Women, Safer for Everyone&quot;
  •  
  • Bill 157: Expulsion
    • Incidents that can lead to expulsion include:
      • Possessing a weapon
      • Using a weapon to cause or to threaten bodily harm to another person
      • Committing physical assault on another person that causes bodily harm requiring
      • treatment by a medical practitioner
      • Committing sexual assault
      • Trafficking in weapons or in illegal drugs
      • Committing robbery
      • Giving alcohol to a minor
      • Any other activities identified in school board policy .
    • “ Keeping Our Kids Safe at School: Reporting and Responding to Incidents” (Ontario: Queen’s for Ontario, 2009) at 2, online: <http://www.edu.gov.on.ca/eng/safeschools/KeepKidSafeSchool.pdf>.
    &quot;Safer for Women, Safer for Everyone&quot;
  •  
  • 4 Key Elements:
    • Delegation
    • Mandatory and Positive Duty to Report
    • Limitations to Reporting
    • Duty to Respond
    &quot;Safer for Women, Safer for Everyone&quot;
    • Specifics of
    • BILL 157
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: Behaviour, Discipline and Safety
    • Part I of Bill 157 adds section 300.1 to 300.4 to Part XIII of the Education Act
      • Section 300.1 permits the principal of a school to delegate his or her powers, duties and functions under the Part XIII to Board Employees
      • DELEGATION OF RESPONSIBILITY TO BOARD EMPLOYEES
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: Duty to Report
      • Section 300.2 requires board employees who become aware that a pupil may have engaged in an activity listed in subsection 306 (1) or 310(1) of the Act to report on the matter to the principal.
      • DUTY TO REPORT TO THE PRINCIPAL
    &quot;Safer for Women, Safer for Everyone&quot;
  • Who is a board employee?
    • vice principals
    • teachers and educational assistants
    • non-teaching staff involved in social work, child and youth work, psychology, related disciplines,
    • administrative and custodial staff, and
    • school bus drivers
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: Principal Duty to Report
      • Subsection 300.3 (1) requires a principal who believes that a pupil has been harmed as a result of an activity listed in subsection 306(1) or 310 (1) of the Act to notify the parent or guardian of the pupil.
      • DUTY OF PRINCIPAL TO REPORT TO THE PARENT
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: LIMITS
      • Subsections 300.3 (2) and (3) set out exceptions to this requirement.
      • THERE ARE LIMITS AND DISCRETION
      • Age and Risk of Harm
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: AGE LIMITS
    • Subsection 300.3 (4) and (5) set out what the principal shall and shall not disclose when notifying a parent or guardian under the section.
    • A principal shall not, without the pupil’s consent , notify a parent or guardian of a pupil who is,
    • (a) 18 years or older; or
    • (b) 16 or 17 years old and has withdrawn from parental control.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: Risk of Harm
    • A principal shall not notify a parent or guardian of a pupil if in the opinion of the principal doing so would put the pupil at risk of harm from a parent or guardian of the pupil, such that the notification is not in the pupil’s best interests.
  • Bill 157: What the Principal Can Disclose?
    • If the student’s parents/guardian are informed, the principal may provide the following information:
      • The incident
      • The harm suffered by the student
      • Steps taken to protect the student’s safety and any disciplinary measures taken
      • The name of the aggressor cannot be revealed
      • (s.32 of MFIPA )
  • Bill 157: “School Climate”
    • Section 300.4 requires board employees who observe a pupil behaving in a way that is likely to have a negative impact on the school climate to respond in accordance with policies and guidelines established under sections 301 and 302 .
    • WHOA!!!!!!!!!!!!!!!!!
    &quot;Safer for Women, Safer for Everyone&quot;
  • Important to know:
    • CONSENT: If a student reveals an incident of sexual assault but requests that it be kept private, the teacher (or any other Board employee) must still disclose the matter to the principal or his/her designate.
    • OFF SCHOOL PROPERTY : Events that happen off school property must also be reported if they are of a nature that “will have a negative impact on school climate and could lead to a student being suspended or expelled.”
    • “ Keeping Our Kids Safe at School: Reporting and Responding to Incidents” (Ontario: Queen’s for Ontario, 2009) at 3-4, online: <http://www.edu.gov.on.ca/eng/safeschools/KeepKidSafeSchool.pdf>.
  • IF YOU HAVE ANY DOUBT
    • Ask the Principal
    &quot;Safer for Women, Safer for Everyone&quot;
  • What are you thinking?
    • QUESTIONS
    • OR
    • COMMENTS?
    &quot;Safer for Women, Safer for Everyone&quot;
  • PART II – IV Policy and Regulations
    • DUTY
    • TO RESPOND
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: Part II Delegation
    • Part II of the Bill adds subsections 5.2 to 5.6 to section 301 of the Education Act
      • Subsection (5.1) permits the Minister to establish policies and guidelines governing delegation by principals under section 300.1.
      • Subsections (5.2) and (5.3) permit the Minister to establish policies and guidelines requiring certain individuals who are not board employees but who come into contact with pupils of a board on a regular basis to report to the principal if they become aware that a pupil may have engaged in an activity listed in subsection 306 (1) or 310 (1) of the Act.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: Part II MINISTRY POLICY Activities/Support/Responses
      • Subsection (5.4) permits the Minister to establish policies and guidelines respecting reporting certain activities to principals.
      • Subsection (5.5) permits the Minister to establish policies and guidelines respecting the support to be provided to pupils in certain circumstances .
      • Subsection (5.6) permits the Minister to establish policies and guidelines respecting responses by board employees under section 300.4 of the Act.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: Part III BOARD POLICY
    • Part III of the Bill adds subsection (0.1) and subsections (3.1)to (3.3) to section 302 of the Education Act
      • Subsection (0.1) requires boards to establish policies and guidelines governing delegation by principals under section 300.1.
      • Subsection (3.1) provides for board policies and guidelines respecting reporting certain activities to principals.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Bill 157: Part IV Regulations
    • Part 4 of the Bill adds clauses (c) and (d) to subsection 316(1) of the Act, authorizing the Minister to make regulations governing actions to be taken by a principal in the circum-stances described in subsection 300.3 (3) and to make regulations setting out circumstances in which employees are not required to respond under section 300.4.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Shortcomings of the Legislation
    • Bill 157 does not ensure that the police are contacted
    • The Bill contains a significant amount of inflexibility with respect to reporting to parents/guardians
    &quot;Safer for Women, Safer for Everyone&quot;
  • Mandatory Reporting
    • Mandatory reporting can present a barrier to women and girls who have experienced sexual assault as it may prevent them from accessing the supports they need
    • Julian Falconer, et al. The Road to Health: A Final Report on School Safety , Volume 3 (January 2008) at 385-386, online: <http://www.schoolsafetypanel.com/pdf/finalReport_volume3.pdf>.
    &quot;Safer for Women, Safer for Everyone&quot;
  • Mandatory Reporting
    • A decision not to report could be informed entirely by cultural stereotypes, as in the case discussed in The Road to Health
    • The authors of The Road to Health point out that it is important to remember that people from all cultural and socio-economic background have the potential to react poorly to the news that a child has been harmed
    &quot;Safer for Women, Safer for Everyone&quot;
  • Mandatory Reporting
    • CONSENT: there is no language in the act requiring the principal to seek or consider input from the child her/himself about potential harm of reporting
    &quot;Safer for Women, Safer for Everyone&quot;
  • Mandatory Reporting
    • Bill 157 considers only harm from a parent or guardian as a reason not to report
      • There is no space in which to consider other types of harm (e.g. emotional harm to the child done through mandatory reporting)
      • There is no space to consider harm from other parties
      • There is no space to consider the privacy interests of the child
    &quot;Safer for Women, Safer for Everyone&quot;
  • Quick and Easy Legislation: Reporting Doesn’t Necessarily HELP!
    • Bill 157 does little to remedy the problems identified in The Road to Health
    &quot;Safer for Women, Safer for Everyone&quot;
  • Change
    • Lobby the TDSB
    • Lobby the Minister/Ministry of Education
    • TDSB Social Workers currently making the case that this is “Comprising the Therapeutic Relationship”
    &quot;Safer for Women, Safer for Everyone&quot;
    • RECAP
    &quot;Safer for Women, Safer for Everyone&quot;
  • If you work with youth…
    • You may have a duty to report
    • Ask the principal at the schools in the areas where you serve youth
    • Figure out organizational policy on the requirements
    • Tell the youth you work with about Bill 157
    &quot;Safer for Women, Safer for Everyone&quot;
  • What All This Means
    • The principal must report the incident to the student’s parents/guardian UNLESS:
      • the students is 18 years of age or over, OR
      • the student is between 16 and 18 years of age and has withdrawn from parental control, OR
      • the principal believes that telling the student’s parents/guardian would place the student at risk from the parents/guardian
    &quot;Safer for Women, Safer for Everyone&quot;
  • What All This Means
    • If the student’s parents/guardian are informed, the principal may provide the following information:
      • The incident
      • The harm suffered by the student
      • Steps taken to protect the student’s safety and any disciplinary measures taken
    • The name of the aggressor cannot be revealed.
    &quot;Safer for Women, Safer for Everyone&quot;
  • What are you thinking?
    • QUESTIONS
    • OR
    • COMMENTS?
    &quot;Safer for Women, Safer for Everyone&quot;
  • If you would like to order METRAC’s materials, please contact METRAC at Tel: (416) 392-3135 E-mail: [email_address] For online resources, visit www.metrac.org www.owjn.org
  • 2010, Community Law School (Sarnia-Lambton) Inc. This webinar was brought to you by CLEONet For more information visit the Education Law section of CLEONet at www.cleonet.ca For more public legal information webinars visit: http://www.cleonet.ca/training