Employee Policy Handbook
3. Employee Conduct

3.5 Reporting Abuse and Neglect of Students

Updated: October 2023

Crescent School (the “School”) is committed to providing each and every student with a safe, nurturing, positive and respectful learning environment. Every year, thousands of cases of child abuse and neglect are reported to child welfare authorities in Ontario cities. Both the Ontario Child, Youth and Family Services Act, 2017 and the Criminal Code of Canada demonstrate our society’s commitment to protecting children from abuse and neglect. The employees of the School have a special role and responsibility in the protection of children and students of all ages.

Under the Child, Youth and Family Services Act, 2017 (“CYFSA”), all persons have a duty to immediately report a child in need of protection to a children’s aid society, if the person has reasonable grounds to suspect abuse or neglect. If a person who performs professional or official duties with respect to children, including a teacher, early childhood educator, school principal, or youth and recreation worker, fails to report suspected abuse or neglect, and the suspicion arose out of information obtained in the course of the person’s professional or official duties, they are guilty of an offence under the CYFSA, and liable to a fine of up to $5000. Thus, all staff employed by the School shall comply with the CYFSA’s mandatory duty to immediately report reasonably suspected abuse or neglect, and the information on which the suspicion is based, to the relevant children’s aid society. 

Further aspects of the duty include:
  1. The duty applies specifically to children aged 15 and under, but suspected abuse or neglect of children aged 16 or 17 may also be reported.
  2. The person with the suspicion must make the report directly to a children’s aid society, without relying on any other person to make the report, such as the Headmaster or Head of School.
  3. The obligation to report a reasonable suspicion of a child in need of protection is ongoing. A person with additional reasonable grounds of suspicion must make a further report, even if the person has made a previous report with respect to the same child.
  4. The duty prevails over any other Act, including privacy legislation. Even confidential or privileged information must be reported, including information contained in the Ontario Student Record, if it supports a reasonable suspicion of abuse or neglect.
  5. The CYFSA protects a person coming forward with a report of abuse by preventing a lawsuit against that person unless the person acted maliciously or without reasonable grounds for suspension.
  6. Any and all cases must be reported where there are reasonable grounds to suspect that abuse or neglect occurred, regardless of the severity, or whether or not an injury is minimal.
Whether a child suffers from physical, sexual or emotional abuse or is a victim of neglect, the long-term effects can be enormous. Increased rates of suicide, addiction, and mental health disorders of all kinds are directly related to child abuse or neglect. Experience has shown that it is not only younger children who are victims of abuse, but that older students can also be victimized in the home, at school, or in the community.

The School is committed to preventing, detecting, intervening in and reporting abuse or neglect of any students. Every member of the school community, including students, teachers, parents/guardian, support staff, or others while on school property and at school-sponsored events – is governed by the policies of the School and shares in the responsibility for creating an environment that is safe, harmonious, and respectful.

Early identification of child abuse and neglect can occur through disclosure or as the result of reasonable suspicions on the part of school employees and volunteers. Reporting disclosures or suspicions may not only prevent future victimization of children; it may also permit both the victim and perpetrator to receive the help they need. Early intervention may ameliorate the long-term effects of abuse and break the ongoing cycle of further victimization and harm.

By pursuing an integrated program of prevention education and intervention, and by providing the necessary resources to support these initiatives for all students, the School will demonstrate its commitment to the goal of eradicating abuse and neglect. The School, therefore, has zero tolerance in all of its learning environments for physical, sexual and emotional abuse and/or neglect of students.

 

List of 4 items.

  • Definitions

    For the purpose of this policy, the following working definitions are used:

    Abuse: means sexual, physical, or emotional abuse.

    Emotional Abuse: a pattern of behaviour that attacks a child’s emotional development and sense of self-worth.
    It includes excessive, aggressive or unreasonable demands that place expectations on a child beyond their capacity. Emotional abuse includes constantly criticizing, teasing, belittling, insulting, rejecting, ignoring or isolating the child. It may also include exposure to domestic violence.

    Employee: an employee of the School.

    Neglect: when a caregiver fails to provide basic needs such as adequate food, sleep, safety, education, clothing or medical treatment. It also includes leaving a child alone or failing to provide adequate supervision. If the caregiver is unable to provide the child with basic needs due to financial inability, it is not considered neglect, unless relief has been offered and refused.

    Physical Abuse: any deliberate physical force or action, by a parent or caregiver, which results, or could result, in injury to a child. It can include bruising, cuts, punching, slapping, beating, shaking, burning, biting or throwing a child. Using belts, sticks or other objects to punish a child can cause serious harm and is also considered abuse.

    Sexual Abuse: when a child is used for the sexual gratification of an adult or an older child. The child may cooperate because they want to please the adult or out of fear. It includes sexual intercourse, exposing a child’s private areas, indecent phone calls, fondling for sexual purposes, watching a child undress for sexual pleasure, and allowing/forcing a child to look at or perform in pornographic pictures or videos, or engage in prostitution.
  • Principles

    1. Students attending the School are entitled to a learning environment free from violence and harassment, including threats and/or bullying and inappropriate sexual behaviour by other students, and no student will experience corporal punishment, physical mistreatment, sexual, emotional, physical, or verbal abuse by staff or other employees of the School.
    2. The School will educate all of its students about their right to live without fear of physical, sexual, and emotional abuse and neglect, and will support disclosure of such abuse.
    3. The School will establish a series of age-appropriate programs to educate all of its students about the issues of abuse and neglect.
    4. The School will educate all its employees, volunteers and parents about the issues of abuse and neglect, and their duty to maintain safe and abuse-free learning environments.
    5. The School is committed to addressing issues and suspicions of harassment, physical, sexual, and emotional abuse and neglect in a manner that is culturally appropriate to all communities in Ontario. While The School respects the diversity of its school communities, child abuse prevention and reporting practices must be consistent with Canadian law.
    6. The School will ensure its employees collaborate and cooperate with any investigation by a children’s aid society or the police relating to a suspicion of child abuse or neglect.
    7. The School will hold all employees and volunteers accountable for the following:
      • The School employees and volunteers working directly with a student of any age in their professional capacity will not enter into a sexual relationship with that student during the course of the professional relationship or for a period of one year thereafter; and
      • In the case of students and former students under the age of 18, any such relationship, in addition to being a serious breach of school policy, is also a criminal offence of sexual exploitation or sexual assault.
    1. The School will ensure that all prospective employees are screened for records of criminal convictions for sexual offences and offences involving children.
    2. The School will ensure that its physical spaces are regularly reviewed to address significant risks of abuse or neglect.
    3. The School will respect the dignity and privacy of its students.
  • Protection from Reprisal

    A reprisal is defined as any act of retaliation, whether direct or indirect. This Policy prohibits reprisals against individuals who, acting in good faith, report incidents of abuse or neglect or act as witnesses in relation to such reports and their investigation. The School will take all reasonable and practical measures to prevent such reprisals or threats thereof, and any such act or threat of reprisal may result in disciplinary action being taken by the School, up to and including dismissal for cause.

    Related links (these documents can be found in the Appendix of this Handbook and in the Green Room)
    • Protocol for Reporting & Investigating Abuse & Neglect
    • Protocol for Sexual Assault Sexual Abuse
    • Possible Indicators of Child Abuse
    • Prevention of False Accusations of Abuse Towards Employees
  • Protection of Employees from False Accusation of Abuse

    Employees have a right to due process in the handling and examination of allegations of abuse. If allegations are determined to be unfounded, no record of the allegation will be kept in the employee’s personnel file. However, a record of the incident will be kept in a separate incident file, maintained in strict confidence, in a secure location in accordance with appropriate administration procedures.
    The School recognizes that employees who have been falsely accused of abuse may need support, and the School will endeavour to assist the employee, wherever possible. Possible forms of support may include:
    • modified workload expectations to relieve stress;
    • time off; and/or
    • personal, professional, and/or family counselling.