(See also chapter on The Ontario College of Teachers) A principal is accountable before the Ontario College of Teachers for his/her performance and behaviour and his/her performance as a supervisor. Areas that attract complaints against principals must be referable to the Regulation defining professional misconduct:
- Professional Misconduct (Ontario College of Teachers Act, 1996 Regulations – O. Reg. 437/97)
For example:
- Failing to supervise someone under the principal’s professional supervision,
e.g. students – refer to chapter on Liability and Negligence in Schools (Supervision Standards for Ontario’s Schools, Sample Supervision Schedule), or staff
- Failure to supervise staff – Duty to Supervise (See chapter on Supervision of Staff, Performance and Behaviour)
- Abusing a student verbally, physically, psychologically, emotionally or sexually
- Falsifying a record relating to the member’s professional responsibilities
- Failing to comply with the member’s duties under the Child and Family Service Act (e.g. duty to report a child in need of protection).
Some examples of the types of allegations related to EQAO testing made against principals in complaints to the Ontario College of Teachers include:
- Failing to ensure that all staff administering the test or staff (eg. VPs) supervising the administration of the test thoroughly understand the EQAO administrative procedures prior to the test
- Opening the sealed test packages in advance of test day, contrary to EQAO guidelines
- Instructing teachers to photocopy the tests in advance of test day and use them to inform their instruction of students
- Making inappropriate remarks to teachers and scribes that could be interpreted as encouraging them to break the rules or otherwise to intervene to help students write the test
- Examining completed test booklets
- Directing that booklets be re-distributed to students, allowing additional time to complete the test
- Providing students with exemplifiers by writing on the blackboard
- Failing to model a fair and ethical practice in overseeing the administration of the EQAO standardized testing at the school
- Coercing teachers not to follow the Guide and/or to participate in a scheme to correct student answers
- Assisting students while they were writing the test, by coaching them to ensure correct answers were given
- Personally changing students’ incorrect answers on the assessments to correct answers.
After a hearing, the Discipline Committee may determine that a member is guilty of professional misconduct and may impose discipline including:
- Revoking a member’s certificate
- Suspending a certificate for up to 24 months
- Imposing specific terms, limitations or conditions on a certificate
- Reprimanding, admonishing or counseling the member
- Fining the member up to $5,000
- Publishing the findings in Professionally Speaking
- Ordering the member ineligible for reinstatement to the profession for a fixed period of time.
Recommended Practices for Avoiding Complaints
Getting Ready for Testing
- EVERY Year/Semester, you and all staff administering the test must read the Guide for Administering the Assessments and any related instructions issued by the EQAO. Each year, the Administrative Guidelines change and so you must pay particular attention to the year-over-year changes, as well as to the rules related to accommodation, and follow the Guide precisely.
- All teachers new to administering the EQAO must receive training in administering the tests. Do not assume that they understand their role or the support they can/cannot provide to students, even if they assure you that they do.
- Update training for experienced teachers on an annual basis, reviewing with them all of the changes to the Guides.
- Actively supervise the training of scribes to ensure appropriateness and consistency of instructions.
- In advance of test day, store tests in a secure location and DO NOT unwrap, read or distribute tests, or allow anyone else to do so. The Guide says that teachers administering the assessment may receive the assessment materials no earlier than the morning of the day the administration begins.
- Test packages for students who have left the school or are not writing the test should NOT be opened. They must be returned to EQAO with the wrapping intact.
- Document all changes to EQAO verification lists.
- Document all calls to EQAO, including the time and date of the call, and the name of the person to whom you were speaking.
- Ensure that there is nothing on the classroom walls that is of an instructional manner in reading, writing, or math – except for the strategies and key words contained in the provided classroom posters from EQAO.
On Test Day
- DO NOT write anything on the board.
- DO NOT provide students with any answers or direct assistance with the test.
- DO NOT review the tests after they have been remitted to you for bundling.
- ENSURE that the tests are sealed in accordance with the EQAO instructions (Grades 9 & 10).
- Consider your role in the school and with the test – stay out of the EQAO testing room if possible, except to supervise the staff administering and scribing for the test.
If Problems Arise
- If something goes wrong prior to, or during, the administration of the test or an exceptional event occurs in your school that impacts students writing (or about to write) the test (such as a death within your school community), DO NOT try to fix it or alter the administration plan on your own. Report the matter immediately to the EQAO office and your superintendent. Document your conversations.
- DO NOT deviate from the EQAO instructions without explicit direction from EQAO (subject to #3 below). Document who (at EQAO) has provided the direction and the precise instructions given.
- If you are unable to get through to EQAO or cannot obtain instructions, seek assistance from your Superintendent to help make that contact and document your attempts to do so. If you are unable to reach EQAO, seek and rely on instruction from the Board. To be clear, you should not deviate from the EQAO Guidelines for administration of the test without express direction from either or both EQAO and your Superintendent.
Occupational Health and Safety Act
The Occupational Health and Safety Act (OHSA) aims to protect workers against health and safety hazards at work. The OHSA imposes a general duty on employers to take all reasonable precautions to protect the health and safety of the workers. The OHSA also imposes a duty on supervisors to take every reasonable precaution to protect workers and a duty on workers to work safely. A principal has the duties of a supervisor and a worker under the OHSA.
A workplace supervisor’s duties under the OHSA include:
- ensuring that a worker (e.g. teachers, educational assistants) comply with the OHSA and regulations
- ensuring that workers use or wear any equipment, protective device or clothing required by the employer
- advising a worker of any potential or actual health or safety dangers known by the supervisor
- providing a worker with written instructions about the measures and procedures to be taken for the worker’s protection (if prescribed)
- taking every precaution reasonable in the circumstances for the protection of workers.
A worker’s duties under the OHSA include:
- working in compliance with the OHSA and regulations
- using or wearing any equipment, protective devices or clothing required by the employer
- reporting to his or her employer or supervisor the absence of or defect in any equipment or protective device that may be dangerous
- reporting any known workplace hazard to the employer or supervisor
- not removing or making ineffective any protective device required by the regulations or by the employer
- not using or operating any equipment in a dangerous manner
- not engaging in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.
Obligations pertaining to Workplace Violence, Domestic Violence and Harassment require the following:
- An employer must prepare a policy regarding workplace violence and harassment and review the policy at least annually
- An employer must develop and maintain a program to implement the policy regarding workplace violence
- An employer must conduct risk assessments of workplace violence
- If an employer (or supervisor) becomes aware or ought to reasonably be aware, that domestic violence would likely expose a worker to physical injury, the employer must take every reasonable precaution to protect the worker
- An employer (or supervisor) has a duty to disclose information to a worker, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if:
– the worker can be expected to encounter that person at work; and – the risk of workplace violence is likely to expose the worker to physical injury.
Every person who contravenes or fails to comply with the OHSA or regulations is guilty of an offence and on conviction, is liable to a fine of up to $25,000 and/or to imprisonment for up to 12 months.