COVID-19 Vaccination Policy for Teachers, School Staff and Eligible Students 66 Criminal Record Checks Policy

Company Name: Toronto Montessori School (TMS) Policy Title: Criminal Record Checks Policy Policy Owner: Vince Haines, CAO Approver: Andrew Cross, Head of School Version: 1 Last Review: September 30th 2021

Criminal Record Checks Policy

Policy Statement

TMS has a responsibility to provide a safe and secure learning environment for its students and employees. TMS is in a position of trust with regard to its students, and must take steps to protect their physical, mental and emotional well-being. Accordingly, TMS wishes to ensure that its teachers, adult students, staff and volunteers have not been convicted of a criminal offence(s) that raises any question as to the trust the School places in them and/or which would, if repeated, compromise the safety and well-being of the School’s students and employees.

Purpose

This policy outlines the requirements for obtaining a criminal reference check, including vulnerable sector screening (VSS), and the employment-related decisions and actions that may occur based on the results.

Process and Requirements

TMS requires that all prospective and current teachers, staff, adult students, volunteers, and contractors or consultants retained by TMS who have direct or indirect contact with children ("affected individuals") provide the School with an original copy of a current vulnerable sector screening carried out on themselves by the Canadian Police Information Centre (“CPIC”) or the local police authority. This document shall be provided to the School Administrator within ten (10) days of receipt thereof by the affected individual. The criminal records check can be obtained from an individual’s local police division for a small fee. Any affected individual is required to pay the costs themselves. In addition, persons previously resident of a country other than Canada who provided a police clearance certificate and/or a certificate of non-criminal activity as part of their Canadian immigration or visa application must also provide the School with a copy of that document.

Outcomes

The results of an affected individual’s Vulnerable Sector Screening (VSS) may affect or impact upon employment-related decisions made by TMS, up to and including possible termination of employment. With respect to volunteers, the results may lead to the immediate discontinuation of an existing volunteer’s participation in the School. With respect to prospective employees or volunteers, such results may prompt TMS to cancel an offer for employment or volunteer participation. Any person from whom TMS is required to obtain a VSS is required to provide TMS with an offence declaration, as soon as reasonably possible, any time he or she is convicted of an offence under the Criminal Code (Canada).

In considering the results of a VSS, the overriding concern will be TMS’ determination of whether, based on the results, the affected individual poses a risk to the safety or security of the School’s students or employees. Accordingly, TMS will not employ an individual or utilize as a volunteer, any person who has been convicted of certain offences, including but not limited to: 1. any Criminal Code offence committed against a child under 16 years of age; 2. any sexual offence under the Criminal Code; and 3. any offence involving or related to trafficking in, or importing for the purpose of trafficking, a narcotic under the Narcotic Control Act or a controlled or restricted drug under the Food and Drug Act. Depending upon the circumstances, the existence of a conviction(s) for other offence(s) may have the same result. TMS will also consider whether, in its estimation, a prospective or current teacher can act as the necessary role model for the School’s students in the face of his or her past Criminal Code conviction(s). However, subject to the above, the mere existence of a conviction for another offence on an individual’s record will not necessarily result in the determination that the individual in question cannot be an employee of, or volunteer for, TMS. Each situation will be evaluated on its individual merits, and the School will consider factors including the breadth of the individual’s criminal record, the seriousness of his or her convictions, the length of time since the last conviction, and any rehabilitative efforts taken.

Prospective Teachers, Staff and Volunteers

All job offers for a teaching or staff position are contingent upon providing TMS with an original copy of a current VSS on himself/herself. All volunteers who come into regular contact with students of the School must provide to TMS an original copy of a current VSS before commencing volunteer activities which put them in contact with students. Employment offers or volunteer participation will not generally be considered in the absence of a current VSS and, upon review of the results, may not receive further consideration, at the School’s discretion in accordance with this policy. TMS may, in the absence of a current VSS, enter into a conditional contractual relationship with a candidate for employment if TMS finds it necessary to have the person begin work during the time period that the VSS is being processed. If the individual begins work before the VSS is processed, the contractual relationship is conditional until he/she presents the Vulnerable Sector Screening check to Human Resources and it is approved by TMS. At no time will such conditional contractual relationship exceed a period of thirty (30) days without the express consent of the Chief Administrative Officer. If conditional employment is commenced before the results of the VSS are obtained, employment will be terminated by TMS, if considered appropriate, once the results are received. Those individuals who interact with students are required to be supervised during all interactions with the students.

Existing Teachers, Staff and Volunteers

All existing TMS teachers, staff, and volunteers must provide the School with a current VSS if a criminal records check is not already on file. Volunteers who do not regularly come into contact with students may, in the discretion of the School Administrator, be exempt from complying with the requirement to provide the School with a VSS.

Failure of the affected individual to comply with the above requirements may result in termination of employment of any teacher or staff member, and discontinuation of any volunteer’s participation in school activities.

With respect to existing teachers and staff members, TMS may, upon review of the results of the VSS, take employment-related action at the School’s discretion, in accordance with this policy. The Head, in consultation with the School Administrator and the School’s legal counsel, may review the results of the criminal reference check in considering the appropriate employment related action, if any, to take. Any such action will occur within 60 days of the School’s receipt of the record.

For existing employees, the Offence Declaration, attached to this policy, must be completed and returned to Human Resources as requested by Human Resources. Failure to provide the completed Offence Declaration when requested will result in TMS’ request for a new VSS at the employee’s expense. Such new VSS must be undertaken promptly and provided to Human Resources within 10 days after being requested. Failure to comply could be grounds for termination of employment. New record checks from existing employees on staff may be requested periodically by TMS, the cost of which will be reimbursed by TMS. A VSS for an existing employee will be evaluated on the same basis as for a new employee.

Contractors or consultants

Contractors or consultants retained by TMS who have direct or indirect contact with children are required to provide a criminal records check for themselves and/or their staff assigned to TMS. Failure to comply can result in the banning of contractor/consultant staff, or the termination of work for TMS. A certified true copy or original document of the results of the VSS will be retained in an employee’s personnel file and/or Ministry of Education files. This information which is of a confidential nature will not be used or disclosed, except in accordance with the Personal Information and Electronic Documents Act (PIPEDA), and after consulting with their Supervisor. All job offers for a teaching or staff position are contingent upon providing TMS with an original copy of a current VSS on himself/herself. Employment offers will not generally be considered in the absence of a current VSS and, upon review of the results, may not receive further consideration, at the School’s discretion in accordance with this policy. TMS may, in the absence of a current VSS and/or the other medical reviews, enter into a conditional contractual relationship with a candidate for employment if TMS finds it necessary to have the person begin work during the time period that the VSS, and /or other medical reviews, is being processed. If the individual begins work before all of these reviews are processed, the contractual relationship is conditional until he/she presents the health reviews to

Human Resources and they are approved by TMS. At no time will such conditional contractual relationship exceed a period of thirty (30) days without the express consent of the Chief Administrative Officer. If conditional employment is commenced before the results of the health reviews are obtained, employment will be terminated by TMS, if considered appropriate, once the results are received.