OCT Professional Advisory Professional Misconduct Related to Sexual Abuse and Sexual Misconduct

True/False 1. Teachers should never drive students alone. 2. Teachers cannot ask questions about students lives outside of the school. 3. Teachers should never ask questions about students sexual relationships/experience. 4. Teachers should not tell students their marital status. 5. Teachers are not allowed to report another teacher of suspected child abuse unless they notify the teacher of the report in writing. 6. Male teachers should never physically touch a student if they are alone with them. 7. OCT will not charge a member with sexual misconduct unless the police can substantiate charges.

2002: Bill 101 – adopted into Ontario Legislation Student Protection Act 2002: Bill 101 – adopted into Ontario Legislation Student Protection Act Advisory was to help members recognize when they are at risk of breaching parameters of professional behaviour Advisory was to help members recognize when they are at risk of breaching parameters of professional behaviour

Definitions… Sexual “Misconduct” in the Advisory refers to “any behaviour of a sexual nature which may constitute professional misconduct” Sexual “Misconduct” in the Advisory refers to “any behaviour of a sexual nature which may constitute professional misconduct” Sexual “Abuse” is defined as : sexual intercourse and other forms of physical, sexual relations between the member and a student sexual intercourse and other forms of physical, sexual relations between the member and a student touching, of a sexual nature, of the student by the member, or touching, of a sexual nature, of the student by the member, or behaviour or remarks of a sexual nature by the member towards the student behaviour or remarks of a sexual nature by the member towards the student

Accordingly, members should avoid… sexual relations or sexual intercourse with a student sexual relations or sexual intercourse with a student any form of sexual touching of a student any form of sexual touching of a student any sexual contact including behaviour or remarks of a sexual nature, regardless of the age of the student or any apparent consent of the student (this may include jokes…) any sexual contact including behaviour or remarks of a sexual nature, regardless of the age of the student or any apparent consent of the student (this may include jokes…) Professional misconduct can include a member’s own students, other students or children… Professional misconduct can include a member’s own students, other students or children…

Sexual Relationships regardless of the age of a student…a member engaging in or attempting to establish a sexual relationship with a student is unacceptable regardless of the age of a student…a member engaging in or attempting to establish a sexual relationship with a student is unacceptable Professional Misconduct includes but is not limited to: Professional Misconduct includes but is not limited to:  a student, regardless of the student’s age  a former student under the age of 18

Other forms of professional misconduct may be considered forms of sexual misconduct. Other forms of professional misconduct may be considered forms of sexual misconduct. This may include conduct leading to unprofessional or inappropriate relations with students. This may include conduct leading to unprofessional or inappropriate relations with students. Often called “grooming behaviour” Often called “grooming behaviour”

Members should not engage in activity directed towards establishing a sexual relationship (grooming). This includes, but is not limited to: Sending intimate letters to students Sending intimate letters to students Making telephone calls of a personal nature to students Making telephone calls of a personal nature to students Engaging in sexualized dialogue through the internet with students Engaging in sexualized dialogue through the internet with students Making suggestive comments to students Making suggestive comments to students Dating students Dating students “Such behaviour is inappropriate…”

“even though an action or an event may seem to be in a student’s best interest, members need to consider thoroughly the implications and appearance of the action or event beforehand” “even though an action or an event may seem to be in a student’s best interest, members need to consider thoroughly the implications and appearance of the action or event beforehand” therefore… therefore…

“Members should avoid…” inviting individual students to their homes inviting individual students to their homes seeing students in private and isolated situations seeing students in private and isolated situations exchanging personal notes, comments, or e- mails exchanging personal notes, comments, or e- mails becoming personally involved in students’ affairs becoming personally involved in students’ affairs sharing personal information about themselves sharing personal information about themselves making physical contact of a sexual nature making physical contact of a sexual nature

“When meeting with students, members should, whenever possible, ensure that”: classroom and office doors are left open classroom and office doors are left open a third party is present or aware of the meeting a third party is present or aware of the meeting the student is not physically isolated from other observers, for example, behind closed doors the student is not physically isolated from other observers, for example, behind closed doors they are not alone with individual students except in urgent or emergency situations they are not alone with individual students except in urgent or emergency situations

“Sexual Harassment” Based on definitions of sexual discrimination in the Human Rights Code Based on definitions of sexual discrimination in the Human Rights Code remarks “need not be overly sexual but may nonetheless demean or cause personal embarrassment to the student, based on the student’s gender, race or sexual orientation” remarks “need not be overly sexual but may nonetheless demean or cause personal embarrassment to the student, based on the student’s gender, race or sexual orientation”

“Members should avoid even a single event that may constitute sexual harassment” including but not limited to… objectionable conduct or comments… objectionable conduct or comments… sexual harassment of non-students or co- workers sexual harassment of non-students or co- workers reprisals or threatened reprisals for rejecting sexual advances reprisals or threatened reprisals for rejecting sexual advances

Responsibility to ensure a professional and appropriate relationship rests with the member, not the student. Responsibility to ensure a professional and appropriate relationship rests with the member, not the student.

True/False 1. Teachers should never drive students alone. – False; there are emergencies or unforeseen circumstances 2. Teachers cannot ask questions about students lives outside of the school – false- just not sexual/relationship ones 3. Teachers should never ask questions about students sexual relationships/experience- True. 4. Teachers should not tell students their marital status- False- you should not discuss your relationship and the fact that you are unhappy however… (if that the case) 5. Teachers are not allowed to report another teacher of suspected child abuse unless they notify the teacher of the report in writing – False- with sexual abuse there is no need to notify the teacher 6. Male teachers should never physically touch a student if they are alone with them-I would be hard pressed to think of when this was safe/acceptable unless a medical emergency-i.e.,..... bleeding 7. OCT will not charge a member with sexual misconduct unless the police can substantiate charges – False- they will charge a member if they suspect misconduct regardless of the police intent to lay criminal charges.