Midland Behavioral Policy

Prairie Rose School DivisionBehaviour Policy

1.0 PROCEDURES

Each school shall make known to its students, parents/guardians, in writing the Division’s Code of Conduct, Behavioural Policy and also the school’s Discipline Plan.

2.0 GENERAL STATEMENT

The Board of Trustees of Midland School Division No. 25 is responsible for the safety and well-being of all its students and employees.

The Board will support its staff in maintaining appropriate conduct in order to ensure a safe and orderly environment for all within its jurisdiction.

In accordance with the Public Schools Act after all efforts have been made at the school level to maintain a safe and orderly environment, the Board will authorize the suspension or expulsion of those whose conduct, upon investigation, is deemed to be injurious to the welfare of others within its jurisdiction.

Midland School Division has developed this Behavioural Policy through a collaborative process with representatives from parent advisory councils, student councils, educators and trustees. The Code is intended to provide guidelines and reference for students, parents and staff regarding appropriate behaviour in an educational environment. The intent of this Policy is to outline specific procedures to deal with serious offenses. It is expected that every school will have developed a Discipline Plan to respond to general student behaviour during the regular school day including after school functions. Such plans should outline student behavioural expectations and a consequence/discipline cycle.

3.0 GUIDING PRINCIPLE

Students and employees have the right to function in an environment free from physical, emotional, verbal and sexual abuse or harassment. (A volunteer serving in a school will be considered a staff member for the purposes of this policy.)

4.0 ABUSE:

4.1 Definitions

Types of abuse may include but are not restricted to the following examples:

4.1.1 physical

– consists of acts of violence against students, employees, their families and/or property with the intent of causing hurt or harm. Examples would include hitting, slapping, biting, kicking, spitting, breaking belongings and throwing objects.

4.1.2 verbal & emotional

– consisting of but not limited to derogatory comments and/or discriminatory actions directed against an individual or group based on gender, race, lifestyle, sexual orientation, religion, etc. Examples may include swearing, threats, name-calling, harassment/gestures, written abuse, wrongful allegations, abusive telephone calls, ostracism, etc.

4.1.3 harassment

– consists of behaviour/acts which intimidate or threaten a person in such a way as to deny the individual his/her dignity and respect, and results in a feeling of powerlessness. For examples see 4.1.2.

– consists of stalking which is the persistent following, contacting, watching, or any other such threatening actions that compromise the peace of mind or the personal safety of the individual.

4.1.4 sexual harassment

– consists of behaviour which includes any unwanted, unwelcomed sexual advance or sexually oriented behaviour made by a person who knows or who ought reasonably to know that such attention is unwanted. Sexual harassment may include, but is not limited to, unnecessary touching or petting, suggestive or other sexually aggressive remarks and gestures, leering at a person’s body, demands for sexual favours, or compromising invitations.

NOTE: Division employees by virtue of their positions have responsibilities, and consequently, have certain expectations. Reasonable insistence upon compliance with these expectations will not be interpreted as harassment. Examples: meeting deadlines, behavioural/academic/procedural expectations, etc.

4.2 PROCEDURE
A school administrator is expected to document incidents of abuse.

In the case of serious abuse committed by a staff member or student, a written report must be completed by the victim (or parent in lieu of student) and filed with the administrator (see Abuse Report form).

The administrator shall exercise judgement regarding appropriate procedures.

4.3 STUDENT CONSEQUENCES FOR ABUSE
The administrator may take one or more of the following actions:

1. the administrator has the latitude to invoke consequences consistent with their school Discipline Plan.
2. set up a conference involving the parent(s), student and staff member to resolve the problem;
3. develop an individual behavioural contract which may include counselling services;
4. set up a formal mediation process whereby with their consent, the victim and the offender meet in the presence of a trained mediator;
5. detention/suspension within the school;
6. suspend from school for up to five days;
7. recommend to the Superintendent that the student:

i) be reinstated under certain conditions, including referral to Divisional support services or outside agencies:

ii) be suspended for a longer period of time with re-entry subject to an appearance before the Board of Trustees;
iii) be expelled from Midland Division schools;

8. contact the police if deemed appropriate. NOTE: 1) Parents will be informed by phone (if possible) and in writing when any of the preceding actions are taken.

2) If the person is not a student of the Midland School Division, the administrator (or designate) shall call the police and have the person removed from the premises.

3) Cases of sexual assault or indecent exposure shall follow the Divisional Child Abuse Policy JHF which references prevailing legislation.

5.0 WEAPONS 5.1 Definition
A weapon is any instrument designed or used to injure or intimidate another person. This includes items generally understood to be weapons as well as replicas of weapons. Any other item, if used to injure, threaten or intimidate, is also a weapon. Possession is defined as having a weapon on one’s person, or in an area subject to one’s control, on school property or at a school activity.

5.2 Consequences for weapons possession
No person shall bring onto any school property or into a school building or Division vehicle, or have in their possession or in a locker, any weapon or item intended to be used as a weapon.
When a person is found or suspected to be in possession of a weapon while under a school’s jurisdiction or such weapon is discovered in that person’s locker, the following shall occur:

5.2.1 The administrator (or designate) shall call the police to deal with the incident.
5.2.2 If the person is a student, he/she shall receive a suspension from the class or school with the possibility that the suspension may be extended or that expulsion may be recommended to the Board. The latter shall be after consultation with the superintendent.
NOTE: Parents or guardians shall be notified when 5.2 needs to be carried out. 5.3 Where the offender is a student and a suspension has been imposed, readmission to school shall be contingent upon prescribed criteria for readmission being met by the student and his/her parent(s)/guardian(s).
6.0 GANG ACTIVITY 6.1 Definition
Gangs are groups of youth who share common beliefs, attitudes and attire and exhibit unlawful and anti-social behaviour, and who associate with each other for mutual protection and/or profit.

6.2 Consequences for gang related activity like displaying gang insignia or soliciting students for gang membership, etc.

See consequences outline in section #4.3

7.0 DRESS

Schools are expected to delineate standards of dress for the schools and inform students of expectations.

7.1 Consequences for inappropriate dress Consequences can range from an informal interview on the first instance to withdrawal from the class or school setting.
8.0 VANDALISM/DESTRUCTIVE BEHAVIOUR

Vandalism is the willful damage or destruction of property. It includes:

damage to property such as defacing ceilings, walls, school furniture, carpeting, textbooks, school materials, electronic equipment or computer software, fire extinguishers, smoke and heat detectors, fire alarms, lockers or any other property not belonging to the individual.
destruction of private, personal or school property (one’s own school or a school being visited).

Damage and destruction of property shall result in restitution for damages, as well as the application of one or more of the consequences outlined in section #4.3.

9.0 UTILIZATION OF COMPUTER/NETWORKS
Students are expected to adhere to the terms and conditions of the Acceptable Use Agreement which they and their parents are required to sign.

9.1 Consequences for inappropriate use of computers

See consequences outlined in section #4.3

10.0 STAFF CONDUCT 10.1 Physical Contact: Acceptable physical contact may include but is not restricted to the following examples:
10.1.1 when used as an integral part of the instructional process (i.e. spotting in a P.E. class; guiding in handwriting);

10.1.2 when clearly used for positive reinforcement or encouragement (i.e. a pat on the back accompanied by a statement such as, "Good work on that test.");

10.1.3 when used to control students who are obviously out of control and are a danger to themselves, others or property;

10.1.4 when used for comforting distraught students;

10.1.5 when used to aid an injured or sick student;

10.1.6 when used to protect self, a student or staff member provided that such physical force is that which is required for protection only.
NOTE: 1). Staff must be sensitive to each student’s comfort level regarding physical contact.

2). The Division acknowledges its commitment to ensuring that its personnel are protected from unfounded abuse allegations which may be directed against staff. The rights of its personnel will be respected in situations which may arise from an allegation of abuse or harassment directed at a member of staff by a student. (see 10.1)

10.2 Consequences for abuse by a staff member
In cases of abuse by a staff member on a student or adult in the Division, the superintendent shall exercise judgement regarding appropriate procedure and shall act in accordance with any existing agreement(s) and/or applicable legislation.

The following measures shall be taken:
10.2.1 In the event of a complaint against the administrator, a signed written report shall be filed with the superintendent and a copy forwarded to the administrator.

10.2.2 Any complaint regarding inappropriate staff conduct must be signed and submitted in writing to the administrator and a copy sent to the staff member and the superintendent.

10.2.3 Investigation of such complaints by the superintendent will include the school administration and the staff member.

10.2.4 If, after thorough investigation, the conclusion is that a staff member engaged in inappropriate conduct, the superintendent shall, at his/her discretion, use any of an escalating scale of responses, depending upon the severity of the case and other mitigating circumstances. They are (in order of increasing severity):

10.2.4.1 consult with Child & Family Services as required by the law;

10.2.4.2 superintendent may, at his/her discretion, provide a verbal warning;

10.2.4.3 superintendent may, at his/her discretion, provide written warning, a copy of which shall be placed in the staff member’s file in a sealed envelope;

10.2.4.4 superintendent may, at his/her discretion, suspend the staff member. If suspension occurs, the matter shall be reported to the Board and a report containing the details shall be placed in the staff member’s file in a sealed envelope. During the suspension, pay may continue at the discretion of the Board (based upon legal advice).

10.2.4.5 The superintendent may, at his/her discretion, recommend to the Board that the staff member be dismissed from his/her position.
NOTE: 1) If the staff member is cleared of wrongdoing and pay was not provided during the suspension, wages not paid will be provided within seven (7) days of resolution of the case and the report shall be removed from the file.

2) In the event of a malicious, wrongful allegation, a student(s) will be dealt with according to the provisions outlined in #4.3 of this policy.

11. APPEAL

Any disciplinary action taken by the superintendent or Board against a student shall be open to any or all of the following appeal procedures:

11.1 to the superintendent;

11.2 to the Board.

Any disciplinary action taken by the superintendent or Board against a staff member shall be open to any or all of the following appeal procedures:

11.3 to the superintendent;

11.4 to the Board;

11.5 to arbitration (as per terms of Collective Agreement).

MIDLAND SCHOOL DIVISION NO. 25 ABUSE REPORT

This form is to be used in conjunction with #4.2; #10.2.1; #10.2.2

Complete this form in full and submit to your immediate supervisor.

School:

Name of person making report:

Address: Phone No.

Date and time of incident:

Location of incident:

Persons involved:

Provide a factual report of the incident(s) (use back of form if necessary):

Witness(es) to the incident: Signature:

Signature:

Date: Signature of complainant:

Date received by supervisor: Signature of supervisor:

MIDLAND SCHOOL DIVISION NO. 25 SUPERVISOR’S REPORT ON ALLEGED ABUSE

Action taken:

Witness(es) interviewed: Date:

Date:

Date: Signature of supervisor: