DisclaimerDisclaimerIn this workshop, we discuss legal issuesIn this workshop, we discuss legal issues..

The information provided is not intended as legal The information provided is not intended as legal advice/counsel. It is an overview of the issues.advice/counsel. It is an overview of the issues.

For assistance, please contact a Professional For assistance, please contact a Professional Services Consultant at the OPC Office at Services Consultant at the OPC Office at 1-800-701-2362.1-800-701-2362.

Act Act Regulation Regulation PPM PPM Board PolicyBoard Policy

Who do principals supervise?Who do principals supervise?

Principals supervise:Principals supervise:StudentsStudents TeachersTeachers School School

StaffStaffBoard Board Employees:Employees:

AcademicAcademic

BoardBoard

Employees:Employees:

PlantPlant RegularRegular

SPESPE

Sect.23Sect.23

E-learnE-learnersers

ContractContract

OccasionalOccasional

VPVP ECEECE EAEA Office AdmOffice Adm CustodiansCustodians

PsychologistPsychologist Social WorkSocial Work Speech/ LangSpeech/ Lang Autistic SvsAutistic Svs BehaviourBehaviour Oth SupportsOth Supports

ContractorsContractors MaintenanceMaintenance TradesTrades

By what authority do principals supervise By what authority do principals supervise Performance?Performance?

StudentsStudents StaffStaff

Authority to supervise PerformanceAuthority to supervise Performance

StudentsStudents StaffStaff

Education Act R.S.O. 1990Education Act R.S.O. 1990298 Operations of Schools298 Operations of Schools 306 Special Education Programs 306 Special Education Programs and Servicesand Services 308 - SALEP308 - SALEP 181/98 – Identification and 181/98 – Identification and Placement of Exceptional PupilsPlacement of Exceptional Pupils PPM 142 – School Board PPM 142 – School Board Programs for Expelled StudentsPrograms for Expelled StudentsPPM 146 – Revisions to Credit PPM 146 – Revisions to Credit Requirements etc.Requirements etc.Education Quality & Education Quality & Accountability Office Act, 1996Accountability Office Act, 1996

Education Act R.S.O. 1990Education Act R.S.O. 1990 X.0.1 New Teacher Induction & Reg. X.0.1 New Teacher Induction & Reg. 266/06266/06 X.2 Teacher Perf. Appraisal & Reg . 99/02X.2 Teacher Perf. Appraisal & Reg . 99/02 X.3 Designated ECEX.3 Designated ECE XI – Supervisory Officers & Reg. 309XI – Supervisory Officers & Reg. 309 XI.1 – Performance Appraisal of PrincipalsXI.1 – Performance Appraisal of Principals

Reg. 298 Operations of SchoolsReg. 298 Operations of Schools Ontario College of Teachers Act, 1996Ontario College of Teachers Act, 1996 Ontario Human Rights Code R.S.O. Ontario Human Rights Code R.S.O. 19901990

Board Policies that relate to the supervision Board Policies that relate to the supervision of Performanceof Performance

StudentsStudents StaffStaff Special Education PlanSpecial Education Plan SALEPSALEP Reporting to parentsReporting to parents

Policies relating to:Policies relating to: New Teacher InductionNew Teacher Induction TPATPA PPAPPA Performance appraisal of support staffPerformance appraisal of support staff Collective AgreementCollective Agreement

Accommodation of disability*Accommodation of disability*

By what legal authority do principals By what legal authority do principals supervise behaviour?supervise behaviour?

StudentsStudents StaffStaff

Authority to supervise behaviourAuthority to supervise behaviour

StudentsStudents StaffStaff Ed. Act Ed. Act Part XIII Part XIII

BBehaviour, Disciplineehaviour, Discipline & Safety& Safety Ed ActEd Act 265 (m) 265 (m) Reg. 298 Reg. 298 Duties of P, T, and PupilDuties of P, T, and Pupil Reg. 472/07 Reg. 472/07 Behaviour, Discipline, Behaviour, Discipline, and Safety of Pupilsand Safety of Pupils

PPM 144 PPM 144 Bullying PreventionBullying Prevention PPM145 PPM145 Progressive Discipline Progressive Discipline

Education Act R.S.O. 1990 ActEducation Act R.S.O. 1990 Act X.O.1, X.O.1, X.2, X.3, XI, XI.1 X.2, X.3, XI, XI.1 Ontario Labour Relations Act S.O. Ontario Labour Relations Act S.O. 19951995 Ontario Health & Safety Act R.S.O. Ontario Health & Safety Act R.S.O. 19901990 Employment Standards Act 2000Employment Standards Act 2000 Child & Family Services Act R.S.O. Child & Family Services Act R.S.O. 19901990 Ontario Human Rights Code R.S.O. Ontario Human Rights Code R.S.O. 19901990 Ontario College of Teachers Act 1996Ontario College of Teachers Act 1996 O. Reg 437/97 Professional O. Reg 437/97 Professional MisconductMisconduct

By what board policy do principals By what board policy do principals supervise behaviour?supervise behaviour?

StudentsStudents StaffStaff

Board policies that inform the supervision Board policies that inform the supervision of behaviourof behaviour

StudentsStudents StaffStaff Safe Schools PolicySafe Schools Policy Bullying Prevention PoliciesBullying Prevention Policies Code of ConductCode of Conduct

Collective AgreementCollective Agreement Occupational Health and Safety PolicyOccupational Health and Safety Policy Child Protection PolicyChild Protection Policy Harassment PolicyHarassment Policy DSB Discipline policyDSB Discipline policy Code of ConductCode of Conduct

Supervision of staffSupervision of staff

Supervision of staffSupervision of staff

Discipline/Performance Review:Discipline/Performance Review:Delivering…Delivering…

Triggers of complaints Triggers of complaints by staffby staff

1.1. ChangeChange

2.2. Discipline*Discipline*

3.3. Performance Appraisal*Performance Appraisal*

4.4. Management Style*Management Style*

5.5. Mental Health*Mental Health*

6.6. Meta-labour RelationsMeta-labour Relations

Supervision: Supervision: Potential ComplaintsPotential ComplaintsTo: :

Employer Board

Alleging: Harassment Incompetence Misconduct

To:

Tribunals

Alleging: Poor process

To:

College of Teachers

Alleging: Prof. Misconduct “Failure to supervise”

To:

Civil Justice (Lawsuit)

Alleging: Injury, loss Defamation

To:

Criminal Justice

Alleging: Assault Theft

By:By:

Employees/unionEmployees/union

SOSOInvestigationDisciplineDemotionDismissal

By: Union By: Union Griev /Arb

Lab Rel Bd

OHR Tribunal

By: ParentBy: ParentSEAC/SEAB

OHR Tribunal

By: Parent/ By: Parent/ TeacherTeacher InvestigationDispute ResolutionHearingDiscipline

By: ParentBy: Parent Investigation Examination for Discovery Trial (rare)

By: PoliceBy: Police

RareInvestigation Charge Trial

Typical Complaints:Typical Complaints:Human Rts or Workplace HarassmentHuman Rts or Workplace Harassment

http://www.hrto.ca

The Human Rights Tribunal of The Human Rights Tribunal of OntarioOntario

Allegations of Harassment:Allegations of Harassment:Typical GrievancesTypical Grievances

Allegations of Harassment:Responding with OPC Assistance

Principals Principals do notdo not supervisesupervise parents or visitorsparents or visitors

ONTARIO REGULATION 437/97ONTARIO REGULATION 437/97Professional MisconductProfessional Misconduct

TABLE DISCUSSIONTABLE DISCUSSION

Principles of Staff SupervisionPrinciples of Staff Supervision

Be compassionate, fair, and braveBe compassionate, fair, and braveConsult with Senior StaffConsult with Senior Staff

Follow Board Policy ScrupulouslyFollow Board Policy ScrupulouslyLook for win-win situationsLook for win-win situations

Give clear notice of expectationsGive clear notice of expectationsBe proactiveBe proactive

Keep an open mindKeep an open mindSeek first to understandSeek first to understand

Be preparedBe preparedHope for the best; plan for the worstHope for the best; plan for the worst

Trade short-term cost for long term benefitTrade short-term cost for long term benefitPick your battlesPick your battles

Don’t take it personallyDon’t take it personallyAim for joint decisionAim for joint decision

Show respectShow respect