Disclaimer
In this workshop, we discuss legal issues.
The information provided is not intended as legal
advice/counsel. It is an overview of the issues.
For assistance, please contact a Professional
Services Consultant at the OPC Office at
1-800-701-2362.
Act
Regulation
Board Policy
PPM
Who do principals supervise?
Principals supervise:
Students Teachers

Regular

SPE

Sect.23

E-learners
VP
 ECE
Occasional  EA
 Office Adm
 Custodians

Contract
School
Staff

Board
Employees:
Academic
Board
Employees:
Plant
Psychologist
 Social Work
 Speech/ Lang
 Autistic Svs
 Behaviour
 Oth Supports


Contractors
 Maintenance
 Trades
By what authority do principals supervise
Performance?
Students
Staff
Students
Staff Performance
Authority to supervise
Education Act R.S.O. 1990
298
Education Act R.S.O. 1990
Operations of Schools
 X.0.1 New Teacher Induction & Reg.
266/06
 306 Special Education Programs
 X.2 Teacher Perf. Appraisal & Reg . 99/02
and Services
 X.3 Designated ECE
 308 - SALEP
 XI – Supervisory Officers & Reg. 309
 181/98 – Identification and
 XI.1 – Performance Appraisal of Principals
Placement of Exceptional Pupils
 PPM 142 – School Board
 Reg. 298 Operations of Schools
Programs for Expelled Students
 Ontario College of Teachers Act, 1996
PPM 146 – Revisions to Credit
 Ontario Human Rights Code R.S.O.
Requirements etc.
1990
Education Quality &
Accountability Office Act, 1996
Board Policies that relate to the supervision
of Performance
Students
Staff
Special Education Plan
 SALEP
 Reporting to parents
Policies relating to:
 New Teacher Induction
 TPA
 PPA
 Performance appraisal of support staff
 Collective Agreement


Accommodation of disability*
By what legal authority do principals
supervise behaviour?
Students
Staff
Authority to supervise behaviour
Students
Staff
Ed. Act Part XIII
Behaviour, Discipline & Safety
 Ed Act 265 (m)
 Reg. 298 Duties of P, T, and Pupil
 Reg. 472/07 Behaviour, Discipline,
and Safety of Pupils


PPM 144 Bullying Prevention
 PPM145 Progressive Discipline

Education Act R.S.O. 1990 Act X.O.1,
X.2, X.3, XI, XI.1
 Ontario Labour Relations Act S.O.
1995
 Ontario Health & Safety Act R.S.O.
1990
 Employment Standards Act 2000
 Child & Family Services Act R.S.O.
1990
 Ontario Human Rights Code R.S.O.
1990
 Ontario College of Teachers Act 1996
 O. Reg 437/97 Professional
Misconduct

By what board policy do principals
supervise behaviour?
Students
Staff
Board policies that inform the supervision
of behaviour
Students
Staff
Safe Schools Policy
 Bullying Prevention Policies
 Code of Conduct


Collective Agreement
 Occupational Health and Safety Policy
 Child Protection Policy
 Harassment Policy
 DSB Discipline policy
 Code of Conduct

Supervision of staff
Supervision of staff
Discipline/Performance Review:
Delivering…
Triggers of complaints
by staff
1.
2.
3.
4.
5.
6.
Change
Discipline*
Performance Appraisal*
Management Style*
Mental Health*
Meta-labour Relations
Supervision: Potential Complaints
To:
Employer Board
To:
Tribunals
To:
College of
Teachers
To:
Civil Justice
(Lawsuit)
To:
Criminal
Justice
Alleging:
 Harassment
Alleging:
 Poor process
Alleging:
 Prof. Misconduct
 “Failure to
supervise”
Alleging:
 Injury, loss
 Defamation
Alleging:
By: Union
By: Parent/
Teacher
 Investigation
Dispute
Resolution
Hearing
Discipline
By: Parent
By: Police

Incompetence

Misconduct
By:
Employees/union
SO
Investigation
Discipline
Demotion
Dismissal
Griev /Arb
Lab Rel Bd
OHR Tribunal

By: Parent
SEAC/SEAB
OHR Tribunal
Investigation
 Examination
for Discovery
 Trial (rare)

Assault
 Theft

Rare
Investigation


Charge

Trial
Typical Complaints:
Human Rts or Workplace Harassment
The Human Rights Tribunal of
Ontario
http://www.hrto.ca
Allegations of Harassment:
Typical Grievances
Allegations of Harassment:
Responding with OPC Assistance
Principals do not supervise
parents or visitors
ONTARIO REGULATION 437/97
Professional Misconduct
TABLE DISCUSSION
Principles of Staff Supervision
Be compassionate, fair, and brave
Consult with Senior Staff
Follow Board Policy Scrupulously
Look for win-win situations
Give clear notice of expectations
Be proactive
Keep an open mind
Seek first to understand
Be prepared
Hope for the best; plan for the worst
Trade short-term cost for long term benefit
Pick your battles
Don’t take it personally
Aim for joint decision
Show respect