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Progressive Discipline Policy
Company Name: Toronto Montessori School (TMS) Policy Title: Progressive Discipline Policy Policy Owner: Vince Haines, CAO Approver: Andrew Cross, Head of School Version: 1 Last Review: September 30th 2021
Policy Statement
Toronto Montessori School (“TMS” or “the School”) believes that its employees are responsible and trustworthy and are capable of making decisions appropriate to their area of responsibility when given the necessary information, training and expertise. Respect and trust in an education working environment are achieved by communicating reasonable expectations of acceptable conduct to employees, and by fair, objective and consistently enforced disciplinary procedures, including fair investigatory techniques, when these expectations are not met for reasons within the employee’s control.
TMS’ approach is to correct behaviour, not punish it. The emphasis is on the identification and isolation of problem situations in a supportive and non-intrusive manner before formal corrective action is undertaken. However, discipline may be imposed without prior corrective action where the behaviour is serious, recurrent, or results in harm of any sort to another individual or risk to the TMS’ operations or reputation within the community.
Purpose
Every incident of employee misconduct is unique, just as every individual is unique. Therefore, administrative responses to such behaviour will be considered in light of all the circumstances. This policy acts to guide these responses in coming to a fair and equitable resolution.
The Head of School will intervene with an employee when the employee’s performance is not up to minimum standards or when the behaviour of the employee is not appropriate. Where performance standards are not being met, the Head of School will appraise the performance, clarify or set standards, inform the employee and provide resources to assist the employee. The employee will then be given time to improve. PERFORMANCE APPRAISAL IS NOT CONSIDERED DISCIPLINE, although a failure to improve performance may result in a negative sanction for an employee. That sanction may include demotion, discharge, suspension or other penalty. Where behaviour does not conform to expectations, the Head of School will advise the employee that the conduct is unacceptable, and that repetition of the misconduct will have consequences for the employee. IMPOSING CONSEQUENCES FOR EMPLOYEE MISCONDUCT IS DISCIPLINE. It is expected that, once an employee is put on notice, there will be an immediate correction of the behaviour and that no time for improvement will be given.
Examples of Unacceptable Behaviour
1. In the Workplace
● Lateness ● Absenteeism ● Abuse of sick days ● Inappropriate use of school property
● Breach of confidentiality of student or other personal information ● Theft of school property ● Threats/assaults ● Missing assigned supervision ● Disclosure of confidential information ● Physical, verbal or mental abuse of a student or another individual in the workplace (includes harassment) ● Insubordination (includes rudeness or disrespect) ● Breach of school policy or procedure Mitigating factors take into account the context of the situation. The Head of School will consider what circumstances faced the employee when the misconduct occurred, and any extenuating reasons that motivated the employee to the misconduct or poor performance, or that may have played a role in the seriousness of the misconduct. Mitigating factors do not necessarily excuse the conduct or determine that no discipline will be imposed. Rather, they may be considered in determining the extent or scope of the discipline, and whether an alternative response (such as mediation or support) may be in order in place of or in addition to the disciplinary sanction. Mitigating factors may include: ● The employee’s prior disciplinary (or non-disciplinary) history ● The nature of the work at issue vis-à-vis the employee’s personal/professional profile (includes training, experience and background of the employee, and the need for or extent/availability of supports) ● The interference or assistance (including involvement) of other persons and the nature of any relationship(s) between/amongst them ● The length of employment with TMS ● The employee’s health (physical, mental or emotional) or the presence /absence of addiction or disability that may have contributed to the behaviour.
2. Out of the workplace
Employees of TMS must be careful that, by their actions, they do not bring the reputation of TMS into disrepute or compromise the employee’s ability to perform the work of TMS. A teacher’s off-duty conduct may be seen as a bad example for students or to create an apprehension of risk to students. Criminal behaviour such as drug trafficking, sexual assault or child abuse are examples of such misconduct, even where TMS students are not involved. Teachers and other professional employees with professional qualifications such as nurses, accountants, engineers, psychologists and social workers are also subject to professional standards of practice and ethical guidelines. A breach of the professional expectations and standards may result in discipline for just cause both by the employer and by the respective governing body. If the Head of School concludes that an employee did commit the offence or engage in the conduct at issue, the seriousness of the misbehaviour must be then determined. This may determine the scope of discipline, including whether it should attract formal discipline or an informal warning. Once that determination is made, the appropriate degree of discipline will be imposed, having regard to the presence or absence of mitigating factors.
Investigation of Complaints or Allegations against an Employee
Criminal matters will be reported to the police and, if the employee is a teaching professional, to the Ontario College of Teachers. Criminal convictions and determinations of child sexual abuse, physical or emotional abuse will be reported to the Children’s Aid Society, and to the Ontario College of Teachers or other governing professional body, if applicable. Reporting a complaint about the behaviour of an employee is a very serious matter and with the right to complain comes the duty to act responsibly. Complaints and allegations will be investigated promptly, professionally and without bias. When considering discipline, TMS will address the following ● Did the employee have knowledge of the rule or practice breached? ● An inadvertent or naïve violation is more suitably corrected by counseling or advice. This constitutes notice in the event the behaviour reoccurs. Putting an employee on notice is the equivalent of giving a warning. ● Considering all circumstances, did the employee neglect his/her duties or responsibilities? ● Deliberate or negligent behaviour justifies some discipline if knowledge of the rules is demonstrated, or if the employee has been warned, or if the duty/responsibility is properly known to be a professional expectation. ● Did the employee violate any rules or practices, and were there harmful or potentially harmful consequences for TMS, its employees, and or its students? ● When there are serious consequences, TMS will intervene formally with the employee. Discipline will be seriously considered even when no knowledge of the rules can be imputed to the employee in the following situations: o Anyone has been physically or emotionally harmed o Anyone has been put at risk of physical harm o The employee engaged in theft o The reputation of TMS has been jeopardized. ● Are there any mitigating circumstances? Every situation will be reviewed in context. The Head of School will consider what circumstances faced the employee when the misconduct occurred. The Head of School will examine any extenuating reasons that motivated the employee to act. In particular, efforts will be made to determine whether the employee was well (physically, mentally or emotionally) or was reasonably settled in a new assignment. These circumstances and other mitigating factors will be weighed against the risk of condoning culpable conduct. The Head of School will not impose discipline until the employee has been given an opportunity to provide a full answer and defense. Where the employee refuses to meet with the Head of School a negative inference will be made and discipline imposed. Where an employee denies an allegation, especially when there is only one witness or complainant, it is up to the Head of School to judge the credibility of the complainant and that of the employee to make an appropriate determination as to culpability. Where there are incriminating circumstances, the obligation is on the employee to explain if he or she wishes to avoid discipline.
Determining the Appropriate Penalty
The Head of School will impose a penalty that is fair to the individual in the circumstances. This requirement makes it impossible to determine a schedule of pre-set penalties for various types of culpable behaviour.
Some of the major factors that will be considered include the following: ● The seriousness of the consequences and the range of the effect of the behaviour on others or the School. ● The circumstances under which the misconduct occurred, and in particular whether the behaviour was observed by others and whether there were mitigating circumstances. ● The employee’s length of service. ● Whether the employee has a past disciplinary record. ● Whether there is evidence of rehabilitation, including whether the employee admitted to the conduct and demonstrated remorse. ● Whether the conduct was provoked. ● The employee’s state of mind at the time, and in particular whether the conduct was planned or premeditated.
Progressive Discipline
At TMS, progressive discipline is a five-step process, except in the case of very serious misconduct, which may justify omitting one or more steps. Alternatively, steps may be repeated as required by the circumstances.
Step 1: Verbal Reminder Step 2: Warning/Letter of Expectation Step 3: Written Reprimand Step 4: Suspension without Pay Step 5: Recommendation for Dismissal from Employment All discipline will be imposed as soon as possible after the misconduct has taken place, so that there is a clear connection between the employee’s conduct and the consequences. The first step in the process will be to hold a meeting with the employee to allow him or her to respond to the concerns and explain any mitigating factors. If allegations are sufficiently serious that, if proven they suggest that the employee is a danger or risk to others at TMS, the employee will be suspended WITH PAY until the investigation can be completed and a decision made as to culpability.
The Process
Step 1: Verbal Reminder
On a first instance of culpable behaviour, an employee will be put on notice of the Head of School’s expectations, and the consequences of repetition of such conduct. This is a verbal reminder.
Step 2: Warning/Letter of Expectation
On a second instance of culpable behaviour, an employee will be put on notice of the Head of School’s expectations, and the consequences of repetition of such conduct. A formal disciplinary meeting will be held to convey the notice, and the warning will be confirmed in a letter of expectation. There may be occasions when the culpable behaviour is so serious that formal discipline can reasonably be imposed without prior notice or verbal warning having been given.
Step 3: Written Reprimand
If there is a repetition of conduct for which an employee has been warned, or the circumstances of an incident of culpable behaviour call for a more formal response, the employee in question will be
reprimanded. A formal disciplinary meeting will be convened, at which the employee will be informed of the reprimand and the reasons for it. A letter of reprimand will be issued subsequent to the disciplinary meeting.
Step 4: Suspension without Pay
A suspension without pay is a temporary denial of employment by the employer, imposed as a disciplinary penalty. In situations where the continued presence of the employee may be detrimental to the interest of TMS, or may compromise the safety and well-being of other employees and/or students, the employee will be sent home with pay for the remainder of the work day with the requirement that he/she report for an interview as soon as possible to determine whether he/she can return to work. No discipline will be imposed at this time. Instead, once the investigation is complete, a disciplinary meeting may be scheduled.
In the case of an investigation into allegations of serious criminal activity for which the employee could be dismissed if convicted, an employee will be suspended immediately, with pay, pending a determination by the police that charges will or will not be laid. If charges are laid, the suspension may be continued, with pay, pending a court disposition or conclusion of TMS’ investigation of the allegations. If TMS’ administration has clear and cogent evidence of serious misconduct, independent of the police investigation, a suspension may be without pay, as discipline, or pending termination of the employee’s employment if there is just cause and supporting evidence. If a police investigation results in no charges being laid, or the charges are subsequently dropped or the employee is found not guilty, there may still be an internal investigation which will require a continuation of the suspension until a disciplinary meeting or a termination proceeding is held.
Step 5: Dismissal from Employment
Single acts of misconduct that may be considered serious enough to warrant dismissal include: significant theft, a serious case of dishonesty, willful and deliberate disobedience, aggravated assault, abuse of management, sexual harassment, and criminal acts of violence and sexuality. Dismissal can also result from repeated acts of misconduct or failure to improve substandard performance.
