This webinar is brought to you by CLEONet cleonet

1. This webinar is brought to you by CLEONet www.cleonet.ca CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario. 2010, Community Law School (Sarnia-Lambton) Inc.

2. 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.

3. School Safety Reporting Peer to Peer Violence In Schools: What you need to know Presented by Zahra Dhanani Legal Director, Justice Program

4. METRAC’s Youth Program

5. METRAC’s Youth Program

6. METRAC’s Youth Program

7. 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"

8. 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"

9. LEGISLATIVE FRAMEWORK "Safer for Women, Safer for Everyone"

10. 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"

11. 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"

12. Using the Criminal Court SystemPossible 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))

13. 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

14. 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

15. 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

17. 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 ProcedurePR.560 SCH: Abuse and Neglect of Students, and Operational Procedure PR 697 SCH: Consequences of Inappropriate Student Behaviour. "Safer for Women, Safer for Everyone"

18. 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>. "Safer for Women, Safer for Everyone"

19. 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>. "Safer for Women, Safer for Everyone"

20. 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>. "Safer for Women, Safer for Everyone"

21. Youth Criminal Justice Act

22. 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)

23. Context: School Safety Guns in lockers? That's to be expected, they say. Girls having their rear ends "smacked" 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 "snowjob" 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) "Safer for Women, Safer for Everyone"

24. 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. "Safer for Women, Safer for Everyone"

26. 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.

28. THE FALCONER REPORT "Safer for Women, Safer for Everyone"

29. The Road to Health: A Final Report on School Safety "Safer for Women, Safer for Everyone"

30. 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 "Safer for Women, Safer for Everyone"

32. 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. "Safer for Women, Safer for Everyone"

33. 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.

34. 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. "Safer for Women, Safer for Everyone"

35. 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.” "Safer for Women, Safer for Everyone"

36. 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 "Safer for Women, Safer for Everyone"

37. 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.” "Safer for Women, Safer for Everyone"

38. What are you thinking? QUESTIONS OR COMMENTS? "Safer for Women, Safer for Everyone"

39. Reactions and Responses BILL 157 Amending the Education Act "Safer for Women, Safer for Everyone"

41. 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

42. 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 staffto principals, and by principals to parents and the appropriate authorities "Safer for Women, Safer for Everyone"

43. What incidents? The types of activities that must be reported include those that can lead to: Expulsion Or Suspension "Safer for Women, Safer for Everyone"

44. 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>. "Safer for Women, Safer for Everyone"

46. 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>. "Safer for Women, Safer for Everyone"

48. 4 Key Elements: • Delegation • Mandatory and Positive Duty to Report • Limitations to Reporting • Duty to Respond "Safer for Women, Safer for Everyone"

49. Specifics of BILL 157 "Safer for Women, Safer for Everyone"

50. 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 "Safer for Women, Safer for Everyone"