6. COMPENSATION & BENEFITS
6.1 Salary Adjustments
Faculty Employees
All faculty of TMS shall be paid in accordance with the salary classification on the teacher’s salary grid in effect at the time. TMS Salary Grids shall be reviewed periodically by the Head of School and Chief Administrative Officer as part of the budget process. Any approved adjustment to the salary grid will include eligibility, the amount of the adjustment and the effective date. Any approved adjustment will be communicated to employees.
Grid Placement on Hire
On occasion, TMS may hire a faculty member for which a concrete educational assessment cannot be completed. TMS reserves the right to select a grid placement that is in accordance with educational and employment documentation available on the date of hire.
Grid Movement during the Academic Year
A member of TMS’ faculty who receives accreditation for education which may change his/her current grid placement must submit an Employee Request for Adjustment to Salary Grid signed by the Department Head to Human Resources within thirty (30) days after the receipt of confirmation of such accreditation. The employee is responsible for advising Human Resources of his/her request for adjustment to salary. Human Resources, on receipt of the request, will begin the process of assessing whether the new accreditation qualifies the employee for movement on the Grid in effect at that time.
Grid Change assessments will be conducted by Human Resources, Chief Administrative Officer and Head of School. Changes in an employee’s grid placement will be retroactive to the date of the award of the accreditation, or three (3) months from the date of the request for grid placement change, whichever represents the shorter duration.
Non-Faculty Employees
All TMS non-faculty employees shall be paid in accordance with TMS compensation policies in effect for its administrative staff on July 1 of each year.
Salary adjustments for such employees shall fall within a range determined by the Head of School and Chief Administrative Officer. Individual salary adjustments within the range are based on performance, changing job duties, internal salary comparisons and external market pressures.
6.2 Service
For the purpose of salary grid advancement and vacation entitlement ‘service’ shall mean the length of continuous service with TMS from the last date of hire. Service is expressed in terms of “years”. For the purposes of clarity, “last date of hire” refers to the date that an employee was hired for his/her current period of employment. Regular status employees shall begin accumulating service from their last date of hire. Service shall not accumulate after the first two weeks of any authorized unpaid leave of absence, or after the first two weeks of any sick leave, short term disability or long term disability leave of absence.
Temporary status employees shall receive retroactive service to the start of their last date of hire if they are successful in being hired into a regular status position. Retroactive service shall not apply when casual or student employees change to regular full-time.
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Previously accumulated service shall not be included in determining an employee’s service.
6.3 General Benefits
Discovery Day Camp Fees
Faculty and non-faculty regular full-time and part-time employees will receive a 50% discount on camp fees. A maximum of fifty percent (50%) discount applies to each child in a family, regardless of whether both spouses are TMS employees. Please note there will be a taxable benefit involved.
Extended Care Fees
Faculty and non-faculty employees with children enrolled at TMS will receive access to TMS’ Extended Care Programs at no cost provided they are actively at work. Employees are not allowed to leave their children in the program at no charge for the purpose of activities outside of the organization which are not directly related to TMS business.
TMS Tuition Support
TMS believes in lifelong learning and wishes to advance education beginning at an early age. In support of this, the School currently provides this program for the benefit of children of employees as described below. The program may be changed from time to time as determined by the School.
• Students who are enrolled at TMS and are children of Faculty and Non-faculty regular full-time employees, those working in a 0.6 FTE or greater, will receive a fifty percent (50%) bursary for the tuition payable based on the payment plan chosen.
• Students who are enrolled at TMS and are children of Faculty and Non-faculty regular part-time employees will receive the part-time percentage equivalent tuition bursary for the tuition payable based on the payment plan chosen. (Example – if the parent works 0.4 FTE the student bursary is 50% * 0.4 = 20% of tuition payable)
• Students who are enrolled at TMS and are children of Faculty or Non-faculty employees must meet the same entrance requirements as other students at TMS, as appropriate to their grade level.
The one-time (non-refundable) Initial Registration Fee (IRF) is waived for each student enrolled at TMS who is the child of a Faculty or Non-faculty regular full-time employee. TMS staff/faculty who are parents do not have to pay the $3,000 tuition deposit at the time of re-enrolment.
If both parents work at TMS, the student is only eligible for the bursary based on one parent. The bursary will be calculated based on the parent who provides the maximum bursary benefit to the student. Bursaries are awarded as a reduction in the remaining tuition or IRF payable. They are not cash awards.
TMS-partnered Programs
For programs that TMS offers in partnership with other organizations for which there is a fee, TMS staff/parents can access these programs for their children at 50% of the fee. Please note that a taxable benefit may be incurred, depending on the nature of the partnership.
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6.4 Employee Group Benefits
Benefits are available to all regular full-time employees, provided they satisfy the current carrier’s eligibility requirements and subject to the terms of any leave of absence. Group benefits for employees in receipt of long-term disability benefits will be continued for up to twenty-four (24) months following the LTD waiting period or age sixty-five (65) provided the employee satisfied the current carrier’s eligibility requirements. Benefits, as described in the carrier’s employee booklet, are effective three (3) months after the date of hire unless otherwise noted. TMS reserves the right to add, change or delete any of the existing benefits at its discretion. For more information on TMS Employee Group Benefits plan, please refer to the benefits handbook provided by our insurance carrier Sunlife Financial.
6.5 Travel and Related Business Expenses
From time to time, TMS may require an employee to attend at locations other than the employee’s regular work location for the purpose of carrying out TMS business. In such cases, TMS will reimburse the employee for actual approved incremental expenses incurred on TMS business only. Expenses must be over and above which are normally incurred going to or from work.
Supervisors, who approve travel and related business expense reports are responsible for:
• ensuring that any business-related expense and resulting expense reports are consistent with this policy and within their travel budget
Employees are responsible for:
• the propriety and reasonableness of expenditures, for ensuring that expense reports are submitted promptly and that receipts and explanations properly support reported expenses.
Business Travel on Personal Car:
• All destinations – mileage will be determined by the TMS Business Office
• Trips between the Upper and Lower School Campuses are not eligible
• Alternative means of transportation (train, plane) should be considered for long trips
• TMS reimburses only travel costs above those which normally would be incurred going to and from work
• Alternates to travel should be used when practical (i.e. video conference call)
Meal Allowance (Daily):
• All meal costs will be determined by the TMS Business Office
• Employees can claim on “Simplified Method” with no receipts required
• Employees are also eligible to claim “Actual Expenses” when supported with receipts
All questions related to this policy must be referred to the CAO prior to any expenditure.
6.6 Company Phones
TMS provides phones to select members of the leadership, academic and management team if the responsibilities of their job require them to be accessible at all times in case of a crisis or emergency. Upon the request of the employee, a personal phone can be used in place of the company-provided phone. In this case, the employee will be compensated at a set rate per month as determined by the Business Office.
For those employees whose daily duties and responsibilities do not necessitate the ongoing use of a phone, but who may require the use of one for certain TMS events (both within the school’s premises or on outside property), a “floater” or temporary phone will be provided. Once the event is completed, the phone should be returned to the front desk at either campus.
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7. LEAVE & VACATION
While the Management of TMS recognizes and respects the personal obligations of its employees beyond those to TMS, we are obligated to fulfill our commitment to the students and families of our community. We have created what we believe to be a fair and reasonable system of time off, in a variety of forms, not including school closures, for the benefit of our employees.
This being said, the goal of each TMS employee is to serve the students and their families and be mindful that any absence during the term negatively impacts the School’s obligations to its students and to other employees.
TMS encourages its employees to make every effort to practice and maintain a commitment to their personal health and well-being to limit disruptions in its operations and expects that each employee will make every effort to arrange appointments and other personal time off outside of business hours, including during school breaks.
TMS will consider requests for leaves before or after school breaks only in EXCEPTIONAL circumstances. (For clarity, requests for additional days off to travel to receive a discount on travel costs will not be considered an exceptional circumstance). Requests for leaves under exceptional circumstances will be considered on a case by case basis and the needs of the School will be considered paramount. They should be directed in writing to the Human Resources Office.
Appointments
It is the expectation of TMS that employees will make every effort to schedule any required personal appointments outside of work hours. TMS will allow employees to take time off work for a limited number of appointments in exceptional circumstances.
• The Office Manager and appropriate Supervisor require an LOA form or email indicating all absences from work, including appointments. This is for safety, fairness and insurance purposes.
• Absences for appointments less than 2 hours will not be counted towards sick leave. Longer absences will be counted towards your sick leave.
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7.1 Paid Holidays for Non-Faculty and Faculty
The following days shall be recognized as ‘paid’ Holidays for non-faculty employees:
o New Year’s Day
o Family Day
o Good Friday
o Easter Monday
o Victoria Day
o Canada Day
o Civic Holiday
o Labour Day
o Thanksgiving Day
o Christmas Day
o Boxing Day
If any of the paid holidays fall on Saturday or Sunday, the day of observance shall be determined by the Head of School.
In order to qualify for payment on the above holidays, regular full-time, regular part-time, temporary full-time, and temporary part-time employees must work the full scheduled work day immediately preceding and the full scheduled work day immediately following the holiday, except where the absence on either or both of the scheduled work days is due to verified personal illness or approved leave of absence with pay (i.e. vacation, approved sick leave, etc.) A verified personal illness is one for which a medical doctor’s certificate is required.
For full time employees, pay for the holiday shall be equal to the employee's regular daily earnings. For part-time employees, pay for such holidays shall be based on the employee's regular earnings per day, e.g.
• If an employee regularly works 3.5 hours each day, Monday to Friday, holiday pay shall be based on 3.5 hours regular earnings
• If an employee regularly works seven hours a day, three (3) times each week, holiday pay shall be based on the average daily working hours for the four (4) weeks preceding the public holiday
Notwithstanding the above, non-managerial staff scheduled to work on a designated paid holiday shall be paid their regular straight time hourly rate for all hours worked and will receive a regular work day off, with pay, mutually agreed to between the employee and the School as if that day were a designated paid holiday.
If, at the time of the holiday, an employee has been absent due to a verified illness or approved leave of absence with pay, payment for the holiday shall be the benefit sum received from the income protection plan in effect e.g. Short Term Disability or Long Term Disability benefits.
Pay for such holidays shall be in accordance with the relevant legislation stipulated by the Employment Standards Act (ESA) and the hours that the employee would normally work.
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7.2 Vacation Pay and Entitlement
The vacation year runs from September 1st to August 31st of each year. Except as approved under exceptional circumstances by the CAO or Head of School, vacation can not be carried over to the subsequent year.
Regular Full-time Employees (Non-Faculty) are eligible for paid vacation in accordance with the following:
(Note: vacation is not permitted within the first three (3) months of employment)
TMS reserves the right to schedule vacation for regular full-time non-faculty employees according to its operational requirements, especially during peak periods such as the period leading up to the next Academic year.. However, TMS shall endeavour to schedule vacation at a time that is mutually satisfactory to both the employee and the employee’s Supervisor.
Vacation will generally not be allowed on the five (5) business days prior to the students’ return in September.
Regular Full-time Employees (Faculty)
Regular full-time faculty employees receive time off as per the School calendar.
Part-time Faculty Employees
Part-time faculty employees shall receive paid time off as per the School calendar.
Department Heads (Faculty and Non-Faculty)
Department Heads accrue vacation time at a rate of 1.667 days per completed month of service in each year.
Temporary Non-Faculty Employees
Temporary employees shall receive 4% vacation pay based on earnings, to be paid in each pay period.
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Consecutive years of service (as of the commencement
year) Monthly vacation time off accrual Maximum annual vacation time off entitlement less than 3 years 0.833 days 10 days
of the vacation
3 years but less than 10 years 1.25 days 15 days 10 years or more 1.667 days 20 days
7.3 Other Time Off – (Employees who work a 12-month year)
In addition to the above, all regular employees with 12-month contracts on staff at September 1 of each year receive additional paid time off in accordance with the following:
Academic Heads & Non-Faculty December School Closure two (2) weeks
Academic Heads March School Closure two (2) weeks
Non-Faculty March School Closure one (1) week*
*The decision as to which employees will work each week during March Break shall be determined by consensus. If consensus is not achieved, then seniority based on length of service shall apply.
*New non-faculty employees will be given unpaid time off for the school closure in December (not including statutory holidays) but will be required to work during March Break until they have been hired to regular status (i.e., having completed the 3 month probationary period).
7.4 Sick Leave and Short-Term Disability (STD)
General Guidelines
Subject to the limitations described below, TMS provides sick leave and short-term disability coverage for eligible staff members employed at the School who are unable to work due to illness or a non-work related accident.
Sick leave and/or short-term disability benefits will not be extended to any employee who, in the case of illness or injury:
• is not under the care of a licensed physician
• whose illness or injury is covered by the Canada Pension Plan
• who, in the case of a recurring disability, is receiving benefits according to a reinstatement provision of a long- term disability plan (provided the reinstatement period is no longer than 6 months)
• is in receipt of maternity, parental or compassionate care benefits under the Employment Insurance Act
• receives a retirement pension from the School
• receives accident benefits under the Ontario Motorist Protection Plan
• is working at the School while receiving disability benefits
• is on leave of absence, holiday, or paid vacation
• whose illness or injury is intentionally self-inflicted
• whose illness or injury results from war, participation in a riot or disorderly conduct
• whose illness or injury results from committing a criminal offence
• is not receiving continuous treatment for the use of drugs or alcohol when the illness results from the employee’s use of these substances
• has plastic surgery solely for cosmetic purposes except where attributable to illness or injury
• is serving a prison sentence
• who is outside of Canada.
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Following any time off due to illness or injury (3 consecutive days), TMS is entitled to request medical evidence, as provided by the attending physician, to support the nature and extent of the disability/illness, including its severity, expected duration, and the limitations on work activities during the period of disability/illness. TMS supports an early return to work when medically sound. This could include temporarily reduced hours or modified duties during the duration of the disability/illness.
The term ‘attending physician’ means a medical doctor (MD) or dentist (DDS) only. A certificate from a chiropractor, physiotherapist, psychologist, or any other person not holding a degree in medicine is not considered acceptable. During the short-term disability/illness period, and at the School’s discretion, written physician statements and/or forms relating to the medical problem may be required to be completed. Payments under this policy may be withheld and forfeited if requested documentation is not provided promptly.
These forms will serve as both documentation to support the short-term disability/illness payment, and as an initial assessment of a long-term disability claim. At the end of the disability/illness period, the School may also request, and be provided with, written confirmation from the attending physician that the staff member is capable of resuming active work duties. The short-term disability/illness period ends after a 120-calendar day absence. At this time, the staff member is expected to transfer to Long-term Disability, return to work, or apply for an unpaid leave of absence.
Sick pay and short-term disability benefits are paid only for days which would otherwise have been working days.
For absences beyond 120 calendar days of disability/illness, refer to the Long-Term Disability policy in the Group benefits booklet.
Sick Pay
For eligible employees unable to be actively at work because of illness or injury subject to the description provided above, the School provides a maximum number of sick days depending on their length of continuous employment as per the following table. Employees who work part-time and/or not a full school year will receive a proportionate amount of paid sick days. The maximum sick pay days for any illness or injury cannot exceed the annual sick day allowance, even if it straddles two benefit years.
Sick leave is not carried forward from year to year, and is determined on a cumulative basis during the school year running September 1st to August 31st
Any sick days resulting from the COVID-19 virus are not counted against the annual maximum and are unlimited. TMS’s COVID-19 sick leave policy will continue to apply.
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Length of Continuous Employment Days at 100% of Salary (based on a full school year of work) Start date to completion of 3 years 7 (during first 3 months paid at 67%) After 3 years to completion of 5 years 12 After 5 years to completion of 10 years 15 After 10 years to completion of 15 years 20 After 15 years 25
Short Term Disability (STD)
STD is paid at 67% of gross daily earnings per workday. The STD period starts 8 calendar days after the start of the absence for illness or upon the exhaustion of sick days remaining to the employee, whichever is the later. Upon injury or surgery, STD will begin immediately or upon the exhaustion of sick days remaining to the employee, whichever is the later. STD continues up to 120 calendar days after the start of the absence or until the employee returns to work, whichever happens first. If you have not seen a physician before the beginning of the short term disability coverage, benefits will not be payable until after your first visit to the physician and appropriate medical documentation from the physician including a forecast return to work date, is provided to TMS.
Separate periods of disability arising from the same disease or injury are considered to be one period of disability unless they are separated by at least 2 weeks of continuous full time work.
The School supports an early return to work when medically sound. This could include temporarily reduced hours or modified duties during the duration of the disability/illness. Staff members are not considered absent due to disability for the purposes of this policy when a return to work is possible.
7.5 Leaves of Absence
An unpaid leave of absence must be pre-authorized by the Head of School. Service will continue to accrue during the first two (2) weeks of any authorized unpaid leave of absence. The employee will not be eligible for any TMS benefits coverage during the duration of the leave after 30 days.
Religious Holidays
Employees who request time off for religious observance shall be given:
• Up to two (2) regularly scheduled work days of leave without loss of pay for major religious days normally observed by the employee and designated as a day of obligation by the employee’s religion.
• Use of the Personal Day
• Any other days needed with pay will be at the Head of School’s discretion.
Employees are required to provide a minimum of two (2) weeks’ notice of their intent to take this leave, identifying the specific religious holiday for which leave is required.
Personal Day
Each academic year, regular full-time employees may, at the discretion of their Supervisor, be granted up to one (1) regularly scheduled paid work day’s leave for special circumstances.
Employees are required to provide a minimum of two (2) days’ notice of their intent to take this leave, and follow the procedures for notifying the Head’s Assistant and their immediate Department Head.
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Personal Emergency Leave
Hourly Paid employees can take up to 2 days of paid Personal Emergency Leave per year, with no more than 1 day of paid Personal Emergency Leave per academic term (Fall, Winter, Spring, Summer Camp). Eligibility for paid Personal Emergency Leave begins 31 calendar days after the beginning of work under the hourly contract.
Pay during a Personal Emergency Leave shall be at the same rate, and for the scheduled number of hours, that would have otherwise been worked on that day. As these hours have not actually been worked, they are at straight time and do not factor into overtime calculations, nor any otherwise applicable Provincial wage enhancement schemes.
Reasons a personal emergency leave may be taken:
personal illness, injury or medical emergency or
death, illness, injury, or medical emergency relating to the following family members:
• spouse (includes both married and unmarried couples
• parent, step-parent, child, or step-child of the employee
• relative of the employee who is dependent on the employee for care or assistance
There is no pro-rating of the 2-day entitlement. An employee who begins work part way through a year is still entitled to up to 2 days of leave consistent with the restrictions above.
Employees cannot carry over unused personal emergency leave days to the next year. If an employee takes only part of a day as personal emergency leave, it counts as a full day of leave.
Should an hourly paid employee require additional leave, it will be unpaid and should be approved in advance by their supervisor.
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Education Leave Program
Education leave permits a staff or faculty member to pursue study or research, of benefit to the individual and the School. The following conditions apply:
1. The Education Leave is an approved unpaid leave of absence of a set length of time not to exceed 12 months. The employee will remain a TMS employee during the leave. Should TMS be conducting terminations in the event of a lay-off or reduction in the employee complement, staff on LOA will be considered in the same way as staff not on LOA.
2. The employee will not be eligible for any TMS benefits during the duration of this leave, all benefits will terminate at the start of the leave, including the staff tuition discount.
3. Permanent full-time employees with a minimum of 3 years of continuous employment at the School are eligible to apply.
4. Written request for the Education Leave Program must be submitted to HR as soon as possible before the start of the leave. The Request should include proof of application to the academic institution for which they have applied when available. Applications will be considered as received.
5. TMS understands that acceptance into some educational programs is often not confirmed until the spring, therefore, upon the employee’s request, TMS will allow individuals the option to withdraw from the leave program in the event they are not accepted to the program by no later than Mar 1st for leave commencing in September and August 1st for a leave commencing in January by submitting a letter in writing to the Head of School.
6. The Request for Education Leave application must include a detailed rationale for requesting the leave.
7. It should be emphasized that when the Head of School considers applications for this leave, that the best interests of the School will be paramount. Circumstances may arise that would make it impossible to grant an Education Leave request.
8. All leaves under this program must be approved by the Head of School.
9. The staff member will not move to the next step or increment of the salary grid during the year of leave.
10. The Leave Period may be postponed for one year if, 9 months prior to the start of the leave either
a. the School gives the employee written notice that postponement is necessary because the Head of School, at his/her sole discretion, has determined the leave is not in the best interests of the program needs of the School, or
b. the employee makes a written request to the School stating personal or other reasons why postponement is desired, and the Head of School, at his/her sole discretion, determines such a postponement is not detrimental to the School.
11. This Agreement may be terminated by the employee giving written notice to the Head of School 9 months prior to the start of the leave.
12. This Agreement will be deemed to be terminated at the time the employee ceases to be employed by the School.
13. A Memorandum of Agreement outlining the terms and conditions of the leave must be completed by the employee upon approval of the leave.
14. TMS will confirm the employee’s intent to return to TMS via a salary confirmation letter to be sent to the employee in the spring.
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Self-Financed Leave Program (Four-over-Five)
The self-financed leave program is generally known as the “Four over Five” program. The eligibility requirements are set out as follows:
● All faculty members with a minimum of 2 years of continuous employment at the School are eligible to apply. A written request to the Head of School should be made no later than Mar 1st of any given year for commencement the following September 1.
● A faculty member may not re-apply for a subsequent leave until at least 5 years after the expiration of the preceding leave period or contract period (as defined in that staff member’s executed Memorandum of Agreement), whichever is the later.
● It should be emphasized that when the Head of School considers applications for this leave, that the best interests of the School will be paramount. It must be understood that circumstances may arise in any given year that would make it impossible to grant this type of leave in that year.
Conditions of the Self-Financed Leave Program
1. Application for leave must be made four years prior to the anticipated date of commencement of the leave. Once an application is approved, the terms of the program will be formalized in a Memorandum of Agreement signed by the staff member and the School.
2. Only one member of a department may be on leave under this plan at any time. Any exceptions will be at the discretion of the Head of School. A maximum of two faculty members may be on leave under this plan at any time.
3. Leaves are for a period of one year and can only be taken over the period from September 1 to August 31.
4. The Head of School must approve all leaves under this program.
5. During the year of leave, the amount of pay will consist of the accumulated amount previously deducted during the contract period. The total deduction made will be paid in 24 semi-monthly equal installments during the academic year of leave subject to all statutory deduction. This amount will be lower than 80% of the salary for the year immediately preceding the year of leave because of the averaging of 80% of salary during the contract period. The faculty member will not move to the next step or increment of the salary grid during the year of leave.
6. During the four years preceding the leave, the faculty member will be paid in the normal manner and on the normal pay dates, 80% of the salary to which the faculty member is normally entitled. Coverage under the School’s benefit plans will be established with reference to 80% of the salary to which the faculty member would otherwise be entitled. Costs of this coverage will be shared between the School and the faculty member in the normal manner.
7. Contributions to the Ontario Teachers’ Pension Plan, if applicable, will be deducted at the relevant contribution rates that are based on 100% of the salary to which the faculty member would otherwise be entitled.
8. Payments made to the faculty member under condition 5 shall be drawn from a trust account established under the Memorandum of Agreement. Should any funds remain in the account after all payments have been made, the residual will be paid to the faculty member.
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7.6 ESA Leaves
Employees will be entitled to receive any paid or unpaid form of leave provided for under the Employment Standards Act, 2000 in accordance with the terms and eligibility conditions set out in the Employment Standards Act, 2000. On returning from any statutory leave as scheduled, the employee will be returned to the same or comparable job with their length of service recognized in accordance with applicable law. ESA legislation is subject to change and where a conflict exists between the below ESA Leaves and the Employment Standards Act, 2000, the Employment Standards Act, 2000 will prevail.
Bereavement Leave
The employee's Supervisor shall grant the appropriate number of paid days leave based on the following:
• up to five (5) working days for immediate family or significant other
o spouse (includes both married and unmarried couples, of the same or opposite genders)
o parent, step-parent, foster parent, child, step-child, foster child, grandparent, stepgrandparent, grandchild or step-grandchild of the employee or the employee's spouse
o spouse of the employee's child
o brother or sister of the employee
o relative of the employee who is dependent on the employee for care or assistance
• up to two (2) working days for other significant relationships at the discretion of the Head of School.
Paid leave of absence in respect of bereavement shall only be allowed for days on which the employee had been scheduled to work. TMS reserves the right to request an employee to provide proof of eligibility for bereavement leave, as are appropriate for the circumstances. This may take the form of a death certificate, notification from a funeral home, a published obituary or a copy of a printed program from a memorial service.
An employer may require an employee to provide evidence “reasonable in the circumstances” that they are eligible for bereavement leave.
Decisions about the time an employee takes for Bereavement leave will be made at the discretion of the Employee’s supervisor and/or Head of School.
Family Medical Leave
In accordance with the Employment Standards Act, 2000 (ESA) an employee can take unpaid family medical leave of up to twenty-eight (28) weeks in a 52-week period.
An employee must inform the employer in writing that they will be taking a family medical leave of absence.
The leave is available to provide care or support to certain family members and people who consider the employee to be like a family member in respect of whom a qualified health practitioner has issued a certificate indicating that they have a serious medical condition with a significant risk of death occurring within a period of 26 weeks.
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The specified family members for whom a family medical leave may be taken are:
• the employee's spouse (including same-sex spouse)
• a parent, step-parent or foster parent of the employee or the employee's spouse
• a child, step-child or foster child of the employee or the employee's spouse
• a brother, step-brother, sister, or step-sister of the employee
• a grandparent or step-grandparent of the employee or of the employee's spouse
• a grandchild or step-grandchild of the employee or of the employee's spouse
• a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee
• a son-in-law or daughter-in-law of the employee or of the employee's spouse
• an uncle or aunt of the employee or of the employee's spouse
• a nephew or niece of the employee or of the employee's spouse
• the spouse of the employee's grandchild, uncle, aunt, nephew or niece
• family medical leave may also be taken for a person who considers the employee to be like a family member. Employees wishing to take a family medical leave for a person in this category must provide their employer, if requested, with a completed copy of the compassionate care benefits attestation form, available from Employment and Social Development Canada, whether or not they are making an application for EI Compassionate Care Benefits or are required to complete the form to obtain such benefits.
The specified family members do not have to live in Ontario in order for the employee to be eligible for family medical leave. The 28 weeks of a family medical leave do not have to be taken consecutively; however, part of a week is counted as a one (1) full week of leave.
An employee may be entitled to more than one leave for the same event. Each leave is separate and the right to each leave is independent of any right an employee may have to the other leave(s).
Family Responsibility Leave
The minimum standard under ESA for all employers is to provide unpaid job-protected time off work for up to 3 days per calendar year. This leave may be taken for the death, illness, injury, medical emergency or urgent matter relating to:
• The employee’s spouse
• a parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step grand-child of the employee or their spouse
• The spouse of the employee’s child
• The employee’s brother or sister
• Arelative who is dependent on the employee for care or assistance.
Family Caregiver Leave
An employee shall be allowed to take an unpaid leave of up to eight (8) weeks to provide care or support to a family member with a serious medical condition. A part-week taken as such leave will be deemed as being a full week of leave. The physician caring for the family member must issue a certificate stating that the individual has a serious medical condition. For the purpose of this leave, a family member shall include a spouse, child, child of a spouse, parent, or parent of a spouse, or any other individual prescribed in section 49.3(5) of the Employment Standards Act, 2000
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Critical Illness Leave
Employees employed with TMS for at least six consecutive months are entitled to an unpaid, job-protected leave of up to 37 weeks in a 52-week period to provide care or support to a critically ill child (under 18 years of age), or a leave of up to 17 weeks in a 52-week period to care for certain adult family members prescribed in section 49.4(1) of the Employment Standards Act, 2000 TMS will require employees to provide a certificate stating the child or adult family member is critically ill and requires care or support from one or more parents or family members, and that sets out the period during which the child or adult family member will require care or support. If the certificate sets out a period of less than the employee’s maximum leave entitlement under the Employment Standards Act, 2000, the employee will only be entitled to take leave for the amount of time specified in the certificate.
Domestic or Sexual Violence Leave
Employees who have been employed with TMS for at least 13 consecutive weeks are entitled to both 10 days’ and 15 weeks’ domestic or sexual violence leave in relation to reasons enumerated under 49.7(2) of the Employment Standards Act, 2000. An employee who has committed the domestic or sexual violence giving rise to the need for such leave will have no entitlement to this leave.
Employees are required to inform the School as soon as possible before or after having taken domestic or sexual violence leave. If the employee plans to take this leave for longer than 10 days, the employee must inform the School of their intention in writing as soon as possible after commencing leave. The School may deem the employee as having taken a full day or week of leave in accordance with the Employment Standards Act, 2000
The School may request evidence that is reasonable in the circumstances to support an employee’s entitlement to this leave, and will ensure the confidentiality of such information and records connected with this leave in accordance with the Employment Standards Act, 2000.
Crime-related Child Death or Disappearance Leave
Employees are entitled to leaves of up to 104 weeks in the case of the disappearance or death of a child that is a result of a crime. The employee must have been employed by TMS for a minimum of 6 months.
Child Death Leave
Employees are entitled to up to 104 weeks of unpaid leave if a child of the employee dies for any reason if the employee has been employed for at least 6 consecutive months.
Organ Donor Leave
Organ donor leave is unpaid, job-protected leave of up to 13 weeks, for the purpose of undergoing surgery to donate all or part of certain organs to a person. In some cases, organ donor leave can be extended for up to an additional 13 weeks. An employee is entitled to organ donor leave whether they are a full-time, part-time, permanent, or term contract employee. To qualify for organ donor leave, the employee must:
• Be covered by the ESA;
• Have been employed by their employer for at least 13 weeks;
• Undergo surgery to donate all or part of one of the following organs to another person:
o Kidney, Liver, Lung, Pancreas, Small bowel
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Pregnancy and Parental Leave
Pregnancy Leave
A pregnant employee shall be eligible for a pregnancy leave if her start date with TMS is at least thirteen (13) weeks prior to the expected birth date. A pregnancy and parental leave of absence, without pay, shall be granted to employees in accordance with the Employment Standards Act, 2000 (ESA).
Employees shall be entitled to seventeen (17) weeks of unpaid pregnancy leave, AND up to sixty-one (61) weeks of unpaid parental leave, which must begin immediately following the end of the pregnancy leave in most cases. Pregnancy leave shall begin no earlier than seventeen (17) weeks before the expected birth date.
The employee shall provide written notice of her intent to take such leave as soon as possible and in any event no later than a minimum of two (2) weeks prior to the pregnancy leave, in order to facilitate planning. Employees must provide a medical certificate stating the expected date of birth to Human Resources a minimum of two (2) weeks prior to the beginning of the leave.
Paid Parental Leave for Partners
An employee shall be granted up to two (2) paid days off to assist the family immediately before, during or immediately after the birth of a child by the employees’ partner or adoption of a child. These full days must be taken within 2 school working days immediately before or after the birth of the child or adoption of a child.
New Parents (other than Birth Mothers) and Adoptive Parents
New Parents (other than Birth Mothers who are addressed within the above section) and adoptive parents, shall be eligible for sixty-three (63) weeks of unpaid parental leave, under the following conditions:
i. Start dates with TMS shall be at least thirteen (13) weeks prior to the birth, or obtaining custody of the child
ii. The employee shall provide written notice as soon as possible and in no event less than two (2) weeks prior to the leave, in order for the necessary service arrangements to be made
iii. The parental leave shall begin no later than seventy-eight (78) weeks after the day the child is born, or comes into custody
iv. Employees shall provide a medical certificate, stating the expected, or actual, date of birth, or other supporting documentation acceptable to the employer a minimum of two (2) weeks prior to the date of the leave
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Benefits during pregnancy and parental leave:
• All employer paid benefit plans remain in effect during the leave.
• Employees may choose to continue LTD Coverage. In order to do so, they must remit their Long Term Disability Benefits Premiums directly to the Business Office.
• Employees have the option of continuing their OTPP or Pension Contribution during the leave. Payments must be made directly to OTPP. The School’s portion of OTPP or Pension Contributions will be made accordingly.
• Teaching faculty will continue to progress through the salary grid during the time they are on parental leave/pregnancy leave.
• Non-teaching staff will return to any increase in salary to which they would have been entitled had they not taken a leave.
Court Appearance /Jury Duty
Any employee who has been summoned to jury duty, or subpoenaed as a witness, on days when the employee would otherwise have been scheduled to work, shall be excused for such service. TMS shall protect an eligible employee from loss of wages when the employee is subpoenaed by the Courts in a proceeding to which he/she is not a party.
The employee shall be paid by TMS, for that part of each day when the service has been rendered, on the basis of the employee's daily base pay, less the amount(s) due the employee by the public authorities for such service. For ease of administration, employees are asked to reimburse to TMS any such amounts paid to them by the public authorities.
In order to qualify for payment, employees shall inform their Supervisor or Human Resources, within forty-eight (48) hours of their selection for services as a juror or requirement to testify as a witness and provide proof from the courts indicating the date of their service as a juror or attendance at court as a witness, the time spent and the fee received for serving as a juror or attendance as a witness.
All forms of leave under this policy must be approved in writing by the Head of School AND forwarded to Human Resources as soon as such approval is obtained.
TMS’ Leaves of Absence Policy does not override any of its obligations under the Employment Standards Act, 2000 (ESA).
7.7 Compensation for Partial Work Year
Faculty and staff on 10 month contracts who work only a portion of the September to June academic year shall receive the equivalent portion of their annual pay earned and all amounts not yet paid will be paid before the start of the leave. The CAO can provide the exact details on how the compensation will be calculated upon request.
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8. POLICY APPENDIX
Company Name: Toronto Montessori School (TMS)
Policy Title: Accessibility Standards for Customer Service
Policy Owner: Vince Haines, CAO
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
Accessibility Standards for Customer Service Policy
Policy Statement
TMS is committed to providing accessible customer service to people with disabilities, consistent with the Accessibility for Ontarians with Disabilities Act (AODA) and Ontario Regulation 429/07 –Accessibility Standard for Customer Service.
Purpose
This policy aims to ensure that people with disabilities, visible or invisible, are given the same opportunity as others to obtain, use and benefit from the services offered by TMS. It is specifically written to meet the requirements of Accessibility Standards for Customer Service, Ontario Regulation 429/07 under the Accessibility for Ontarians Act, 2005, and applies to the provision of products and services to the public or other third parties, not to the products themselves. TMS, through this policy, establishes and implements practices and procedures consistent with its goal of compliance, as well as its commitment to excellent customer service for all.
Provision of Services
The provision of a high-quality experience is an important hallmark of TMS. To this end, TMS will ensure that all reasonable efforts will be made to ensure that:
• Services are provided in a manner that respects the dignity and independence of persons with disabilities
• The services provided to persons with disabilities are integrated with the provision to others unless an alternate measure is necessary to allow a person with a disability to benefit from the service. The alternative measure may be temporary or permanent
• Communication with a person with a disability is conducted in a manner that takes into account his or her disability
• People with disabilities may use assistive devices, service animals, and support persons as is necessary to access TMS services. If a service animal is excluded either by law or by reasonable safety concerns from an area, other measures will be made available for the person with a disability to access the services.
Assistive Devices - An assistive device is a technical aid, communication device, or medical aid modified or customized, that is used to increase, maintain, or improve the functional abilities of people with disabilities. Persons with disabilities may use assistive devices as required in accessing services provided by TMS, unless otherwise prohibited by law.
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Support Persons - In this policy, a support person means another person who accompanies a person with disability, to help him or her with communication, mobility, personal care, medical needs, or with access to services.
• Persons with disabilities are allowed to be accompanied by their support person when accessing services provided by TMS
• Support persons are required to undergo a vulnerable sector screening check if such a check would be applicable to other persons in similar circumstances
• TMS may deem it necessary to require a support person for a person with a disability in order to protect the health and safety of that person or of others on the premises. This will only occur after consultation with the person with a disability, and/or their parent/guardian, and when it is the only reasonable means to allow the person with a disability to access TMS services and will consider all reasonable accommodation options.
Service Animals - In this policy, an animal is a service animal for a person with a disability if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or if the person provides a letter from a regulated healthcare professional confirming that the person requires the animal for reasons relating to the disability.
• Persons with disabilities are permitted to be accompanied by their service animal and keep that animal with them when accessing services provided by TMS. Exceptions are where the service animal is either prohibited by law or excluded due to reasonable safety concerns
• In the event that a service animal is prohibited from an area, where possible, TMS will ensure that other measures are available to enable the person with a disability to obtain, use, or benefit from TMS services
• It is the responsibility of the person using the service animal to ensure that the service animal is kept in control at all times.
Service Disruptions
In the event of a planned service disruption to facilities, services, or systems that are relied on by people with disabilities to access TMS services, notice of the disruption shall be provided in advance. Notice will include information about the reason for the disruption, its anticipated duration, and a description of alternative facilities, services, or systems that may be available.
Notice may be given by posting the information in a conspicuous place on the premises, and/or by posting on the TMS website or by such other method as is reasonable under the circumstances. In the event of an unexpected disruption, notice will be provided as soon as possible.
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Training
All employees and volunteers, as well as everyone who provides goods or services on behalf of the organization, regardless of whether or not they interact with the public, must receive training on providing customer service to persons with disabilities as outlined in the regulation:
The amount and format of training will depend on the person’s interactions with TMS families and the public.
Training will include the following topics:
• A review of the purpose of the Accessibility for Ontarians with Disabilities Act, 2005 and the requirements of Ontario Regulation 429/07
• How to interact and communicate with people with various types of disabilities
• How to interact with people with disabilities who use an assistive device, service animal or a support person
• How to use the equipment or assistive devices available at TMS premises
• What action to take if a person with a disability is having difficulty accessing TMS services, TMS policies, practices, and procedures governing the provision of services to people with disabilities.
Training will be provided as soon as practicable upon an individual being assigned the applicable duties as well as on an ongoing basis as changes occur to TMS policies, procedures, and practices governing the provision of services to persons with disabilities. As required by Ontario Regulation 429/07, TMS will keep records of the training provided.
Feedback Process
TMS shall create and maintain a feedback process so that members of the TMS community and the public are able to comment on the provision of services to people with disabilities.
The feedback process shall allow for comments in person, by telephone, in writing or by e-mail, or by other reasonable method.
The feedback process shall specify the actions that will be taken by TMS if complaints or suggestions are received.
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Company Name: Toronto Montessori School (TMS)
Policy Title: Accessibility – Integrated Accessibility Standards
Policy Owner: Vince Haines, CAO
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
Accessibility - Integrated Accessibility Standards Policy
Policy Statement
TMS is committed to treating people in a way that allows them to maintain their dignity and independence. We believe in integration and equal opportunity. We are committed to meeting the needs of people with disabilities in a timely manner, and will do so by meeting accessibility requirements under the Accessibility for Ontarians with Disabilities Act.
Purpose
This 2014-21 accessibility plan outlines the policies and actions that TMS will put in place to improve opportunities for people with disabilities in accordance with the Accessibility for Ontarians with Disability Act, 2005. These standards are developed to break down barriers and increase accessibility for people with disabilities in the areas of information and communication and employment.
Application
This Policy applies to all employees, volunteers and agents of the School who interact with our school community, including current and prospective students, employees, volunteers, families, alumni, donors, and any other users of TMS’ goods and services.
Accessibility Plan
TMS will develop, maintain and document an Accessibility Plan that will be reviewed and updated at least once every five years and will be posted on the school’s website. Upon request TMS will provide a copy of the Accessibility plan in an accessible format.
Training
TMS will provide training to employees, volunteers, persons who participate in the development of TMS policies and all other persons who provide goods, services or facilities on behalf of the School on Ontario’s Integrated Accessibility Standards Regulations and on the Human Rights Code as it relates to people with disabilities.
Training will be provided in a way that best suits the duties of employees, volunteers and other persons. TMS will ensure all employees are provided with the training needed to meet Ontario’s accessible laws now and and as changes are made to accessibility policies. New employees will be trained upon hire and training records will be kept for all training.
Information and Communications Standard
TMS is committed to meeting the communication needs of people with disabilities. We will consult with people with disabilities to determine their information and communication needs.
Accessible Emergency Information
TMS is committed to providing customers and clients with publicly available emergency information in an accessible way upon request as soon as practicable after the School becomes of aware of the request. We will also provide employees with disabilities with individualized emergency response information when necessary (see Employment Section below).
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Kiosks
Where possible, TMS will incorporate accessibility criteria and features when procuring self-service kiosks. If it is not practicable to do so, staff will provide an explanation and have alternatives to the self-serve kiosks for services, upon request.
Feedback Processes
TMS will continue to ensure feedback processes are accessible to people with disabilities upon request.
Accessible Formats and Communication Supports
TMS will take the following steps to make sure all publicly available information is made accessible upon request.
• Methods of communicating with the public are constantly under revision to maximize their effectiveness.
• Employees dealing with this information will be informed of the need to comply with this standard, and provided the resources to do so.
• Any publicly available information found not to be accessible will be rendered in a different method as required upon request.
• TMS will take the following steps to make all websites and content conform with WCAG 2.0, Level AA.
• Closer to the target date, as a requirement of receiving a website development contract, (for new websites or extensive alterations to existing ones) developers will have to confirm that the end product website will meet the required higher technical standard.
• A review of existing websites will be done in 2020 to measure compliance with this standard.
Educational and Training Resources and Materials
TMS will provide education and training resources and materials, student records and course and program information in accessible formats, upon request, taking into account the accessibility needs due to disability.
Training to Educators
TMS will provide educators with accessibility awareness training related to accessible program or course delivery and instruction and will document this training.
Libraries
Libraries will provide, procure, or acquire accessible or conversion ready format of print, digital or multimedia resources or materials upon request for print based resources and for digital and multimedia resources.
Employment Standard
TMS is committed to fair and accessible employment practices.
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Recruitment
TMS will accommodate people with disabilities during the recruitment and assessment processes through job posting notifications and when contacted directly during the recruitment process.
When making offers of employment, TMS will notify successful applicants of its policies for accommodating employees with disabilities.
All staff will be notified of this process as part of AODA training.
Individual Accommodation Plans (IAP)
TMS will continue to develop individual accommodation plans and return-to-work plans for employees who have a disability. These plans will include individualized workplace emergency response information when required. Where the employee requires assistance, TMS will provide the information to the person designated by TMS to provide assistance to the employee. The plans will be reviewed if the employee moves to a different location.
Performance Management, Career Development and Advancement and Redeployment
Performance management processes related to assessing and improving employee performance, productivity and effectiveness will take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans.
TMS will take into account the accessibility needs of its employees with disabilities as well as any individual accommodation plans when providing career development and advancement to its employees. Career development and advancement includes providing additional responsibilities within an employee’s current position, the movement of an employee from one job to another which may provide greater responsibility and/or compensation, and/or which places the employee at a higher level in the School, or any combination of these.
If TMS needs to reassign employees to other departments or jobs within the School as a result of job elimination, the School will take into account the accessibility needs of employees with disabilities as well as individual accommodation plans.
Workplace Emergency Response Information
TMS shall provide individualized workplace emergency response information to employees who have a disability in accordance with the following elements:
i. If the disability is such that the individualized information is necessary and the employer is aware of the need for accommodation due to the employee’s disability;
ii. If the employee who receives an individual workplace emergency response information requires assistance and with the employee’s consent, TMS shall provide the workplace emergency information to the person designated by TMS to provide assistance to the employee;
iii. As soon as practicable after becoming aware of the need for accommodation due to the employee’s disability;
iv. Review the individualized workplace emergency response information when the employee moves to a different location in the organization, when overall accommodations needs or plans are reviewed and when TMS reviews its general emergency response policies.
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TMS will take the following steps to prevent and remove other accessibility barriers identified by employees with disabilities:
• Potential or actual barriers will be addressed if/when identified and TMS will consult with the employee when determining what accommodations, if any, are necessary
Design of Public Spaces
TMS will meet the Accessibility Standards for the Design of Public Spaces when building or making major modifications to public spaces. Public spaces include:
• Outdoor paths of travel, like sidewalks, ramps, stairs, and curb ramps
• Accessible off street parking
• Service-related elements like service counters, fixed queuing lines and waiting areas
TMS will put the following procedures in place to prevent service disruptions to accessible parts of its public spaces.
• Preventive maintenance will be conducted on accessible parts of TMS public places, as is done throughout the facilities. Planned down-time, if necessary, will be coordinated to minimize the adverse impacts on facilities users.
In the event of a service disruption, we will notify the public of the service disruption and alternatives available.
For more information
For more information on this accessibility plan, please contact Vince Haines, Chief Administrative Officer at:
• Phone: 905-889-6882 x233
• Email: vhaines@tmsschool.ca
Accessible formats of this document are available. Formats include:
• Large Print (18 pt font or larger)
• Computer Files and Accessible Web Content (software programs that read aloud text on screen that comply with WCAG 2.0 guidelines)
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Company Name: Toronto Montessori School (TMS)
Policy Title: Acceptable Use of Technology Policy
Policy Owner: Vince Haines, CAO
Acceptable Use of Technology Policy
Policy Statement
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
The staff at TMS use technology every day in order to communicate with one another and fulfill job responsibilities effectively and efficiently. Access to these resources is a privilege, and thus brings with it the need for responsible behaviour.
Each staff member has a responsibility to uphold the School's ethics and values and to use all technology, including the Internet, in a responsible, productive and professional manner. This policy has been established to ensure the security and the integrity of the School's computing and communication systems.
Any staff found to be violating this policy will be subject to disciplinary action up to and including possible termination of employment.
Purpose
The purpose of this policy is to set out conditions for the use of the School's technology, including all computers, computer related equipment, database/records systems, networks, software, the email system, voicemail, fax transmissions and use of and access to the intranet and the Internet at the School.
Access
The use of technology is intended for school purposes. The staff may make limited personal use of the technology provided that such individuals do not compromise their normal work obligations and they comply at all times with the terms of this policy and other policies and guidelines applicable to the staff.
Appropriateness
Each member of staff shall use the technology in a fashion consistent with the School's values and in an ethical and lawful manner.
Examples of conduct that violate the policy are as follows:
● using the technology to create, process, distribute or access illegal, offensive, pornographic and/or inappropriate materials
● sending/receiving defamatory, abusive, obscene, profane, sexually oriented, threatening or racially offensive messages
● downloading or storing obscene or offensive material on school-owned computer systems
● accessing sites containing sexually explicit, racist or other material clearly inappropriate to a school environment
● uses that are malicious, unethical or in violation of accepted community standards or school policies
● uses that violate any federal or provincial laws, including the Ontario Human Rights Code
● creating, exchanging, transmitting and/or downloading of messages or data that are offensive, harassing, obscene, libelous, abusive, discriminatory, or threatening or that encourage violence
● soliciting or conducting business activities which are unrelated to the staff member's duties
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and responsibilities at the School
● sending/receiving "chain" or "pyramid" letters
● spamming
● advertising or soliciting, including advertising of personal services
● computer-hacking and related activities or attempting to circumvent the School’s firewall
● attempting to disable or compromise the security of information contained on the School's computers; and/or using the systems for non-work related purposes
● modifying or attempting to modify another user’s network account or workstation without the consent of the user
Employees of TMS will ensure that all communication is in compliance with applicable privacy legislation, and that all records that contain personal information pertaining to a student or staff member in the custody and control of TMS will be maintained in strict confidence.
Content
Each member of staff is responsible for the content of all text, audio or images that they access or send via the Internet and phone systems, and for ensuring that the communications and messages conform in all respects to this policy, the School's morals and ethics.
Staff members are responsible for saving and organizing their files and backing up their data to the School network.
Copyright and Software Installation
Staff members are not permitted to install software that is not licensed to TMS on TMS computers. Under no circumstances shall illegal copies of copyrighted software be made or used on school equipment. Any software deemed as free or freeware should not be installed without consulting with the IT Department first. Free software is not supported and may be removed permanently if it interferes with the normal operation of the computer system. Staff members are not permitted to install any software or application utility that modifies, interferes with or customizes the primary operating system.
When saving files from the Internet, staff members should be aware that they may not use the technology or the Internet to transmit copyrighted materials belonging to entities other than TMS. Staff members are not permitted to copy, transfer, rename, add or to delete information or programs belonging to others, unless given the express permission to do so by the owner.
Staff members shall, at all times, respect the rights of copyright owners, including software manufacturers, and abide by the terms of all licence agreements relating to the technology. Copyright infringement occurs when an individual inappropriately reproduces all or part of a work that is protected by copyright.
A staff member who fails to comply with the terms of licence agreements, or engages in other conduct that fails to respect the rights of copyright owners or violates this policy may be subject to disciplinary action, up to and including possible termination of employment.
Examples of copyright violations could include, but are not limited to, copying a picture, making illegal copies of software or music and/or reproducing part of a third party text and claiming credit for authoring that work.
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Hardware and Hardware Installation
TMS makes advanced technology available to staff. The technology hardware may be in many forms, including but not limited to a computer, still or video camera, telephone, tablet or projector.
TMS reserves the right to scan and evaluate the status of any TMS computer at any time. In addition, the staff member is responsible for the following:
● The staff member must return the hardware to the proper location when s/he is finished
● The hardware must never be left unattended
● The staff member is responsible for the cost of repair of any physical and software damage to the hardware; this includes damage from carelessness and obvious abuse
● No food or drink is allowed near the hardware, whether in use or not
● The staff member will operate the hardware in a safe and careful manner at all times, including proper shutdown procedures when not in use
Staff members are not permitted to install or connect personal computer hardware locally or remotely without proper authorization from the School’s IT Department or Network Administrator.
Personal laptops or tablets are not permitted on the school network unless approved by their Head of Department and Network Administrator. Any illegal file sharing or security compromising software on the personal device must be removed or deactivated before connecting to the network and up-todate antivirus software must be present.
Technical support for personal computers is not provided by TMS and should be directed to the manufacturer of the device.
● Personal Wi-Fi devices are not permitted on the school network. These devices include but are not limited to:
● IPod or equivalent MP3 devices
● IPhone, Blackberry, Android or equivalent mobile devices
Work Laptops
TMS provides a laptop computer when necessary to carry out day-to-day functions pertaining to their work and is not for personal use. TMS Staff should not be storing personal data on the laptop. The laptop computer is in good repair at the time it is provided, and is to remain in good repair while in the possession of the employee.
● TMS Staff are not permitted to use or install any of the following types of software: Peer to peer, Torrent or equivalent file sharing programs
● Server, network or proxy programs
● Gaming or media server programs
TMS Staff who have been provided with a laptop are expected to comply with the Acceptable Use of Technology while on and off school property. In addition, the employee is also responsible for the following:
● placing the laptop on a flat, stable surface when in use
● storing the laptop securely when it is not in use
● ensuring a virus free and secure environment when the laptop is not on school property
● using the laptop bag provided or a laptop approved bag when travelling
● avoiding food or drink within the vicinity of the laptop
● replacing the cost of lost equipment or accessories
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● the cost of repair from any physical or software damage as a result of carelessness or abuse
● keeping the laptop battery adequately charged
● frequently backing up their files to their network drive, external hard drive or USB drive
Upon termination of employment for any reason, the computer and all accessories shall be returned immediately.
Laptops provided on a temporary basis are expected to be returned at the end of the predetermined duration.
Work Mobile Devices
TMS provides a mobile device where approved to carry out day-to-day functions pertaining to their work. The mobile device is in good condition when provided and is to remain in good condition while in possession of the employee.
TMS Staff who have been provided with a mobile device are responsible for the following:
● keeping the battery adequately charged
● backing up any data stored on the device
● securing the device with a password (PIN or alphanumeric recommended), if applicable
● the cost from loss or repair from any physical or software damage as a result of carelessness or abuse
● ensuring the device is never left unattended
● avoiding food or drink within the vicinity of the device
Upon termination of employment for any reason, the mobile device and all accessories shall be withdrawn immediately.
Internet
TMS gives its staff Internet access and expects them to use the Internet responsibly. Although TMS has put in place a blocked website list to prevent inappropriate material being passed through the network, it does not ensure 100% prevention. Acceptable Internet usage remains the responsibility of the staff member. TMS reserves the right to monitor all Internet access and deny access from any devices in violation of this policy. While using the Internet:
● Access Internet sites which are school appropriate
● Do not engage in any activity in violation of federal or provincial law
● Be mindful of copyright laws, and do not disseminate or print copyrighted materials
● Do not download or stream video, audio or image files that are not work related
● Do not introduce worms, Trojans, viruses, or any other software that maliciously interferes with computing operations
● Protect TMS’ competitive edge by not sending, receiving, printing or otherwise disseminating proprietary data, trade secrets or other confidential information
● Access the Internet for personal use only when it does not interfere with workplace productivity, and never use it for personal gain, personal business transactions or entertainment purposes
● Do not violate student privacy by transmitting student information without written permission from the student and parent as applicable
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Social Networks, Websites and Blogs
TMS recognizes the value to TMS Staff of social networking websites (e.g. Facebook, Twitter) as a means of communicating with friends and relatives. Nonetheless, TMS Staff must understand the public nature of social networks and be aware of the responsibility and accountability that they must assume when using them.
TMS Staff must not use social networking sites as a means of communicating with students. It is inappropriate to have current students as "friends" on these sites and any invitations from students to join a social network site must be declined. All communication with current students should be through the usual communication vehicles available through the School. Examples of inappropriate channels of communication include but are not limited to:
● Personal mobile phone
● Texting
● Personal email
● Instant messaging (e.g. MSN Messenger, Skype, BBM)
Use of Web sites and blogs:
● Official Web sites or blogs to be used to conduct TMS business must be pre-approved by the Head of School and the Director of Marketing
● TMS Staff are cautioned to respect the rights of individuals and the School when utilizing non-official Web sites or blogs.
Email and Voicemail
Staff members of TMS are provided with email and voice mail access. These corporate assets are critical components of the TMS communication system, and employees are expected to use them responsibly. Employees who violate this policy are subject to disciplinary action, up to and including possible termination of employment. TMS reserves the right to monitor all email and voicemail messages. Email, voice mail, Internet access, and other computer access are not private.
● Do not use email or voice mail for personal use in a manner that interferes with school or business activity
● Maintain the security of your accounts and passwords. Change your password regularly, and log off when your terminal is unattended
● Maintain your accounts by purging old emails or voicemails when necessary
● Do not display or transmit images, sounds, or messages that are sexually oriented or discriminatory or that could make others uncomfortable
● Use corporate resources for business only. Sending or forwarding chain letters, sending confidential messages to non-TMS employees, and soliciting are prohibited
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Passwords and Information Security
The use of passwords is intended to ensure that only authorized individuals have access to the School's technology and the private and confidential information they contain. Staff members shall not disclose passwords issued to the individual to any other person. Staff members shall not disclose passwords or use passwords provided to that individual to permit other persons to access the School's technology. Each staff member shall be responsible for all activities arising from the use of his or her password.
Each member shall take reasonable precautions to protect the integrity of the School's systems and to prevent unauthorized access to the technology. For example, staff members, before leaving computers unattended, should lock the workstation, lock the room in which the individual's computer sits, or log off.
Privacy
Each staff member recognizes that employees do not have a reasonable expectation of privacy with regard to use of voice mail, email and data.
TMS has the right, but not the obligation, to inspect any computer or computer systems, and to monitor the use of any of the technology, including, without limitation, inspecting the contents of voice mail and email messages. Members will not necessarily be notified when such monitoring is to take place, or whether monitoring has occurred. In certain situations, the School may be compelled to access, read, copy, reproduce, print, retain, move, store, destroy and/or disclose messages, files or documents stored in or sent over its email, Internet or computer systems. These situations may include the following:
● in the course of regular maintenance of the computer system
● in the event of a request for documents as part of litigation or similar proceedings
● where the School has reason to believe that the computer system is being used in violation of this Policy.
Unauthorized access by any staff member of another individual's electronic information is a violation of school policy. Access by a staff member of another individual's electronic information will only be permitted with the written approval from either the Head or designate.
Violations
Staff members of TMS are expected to maintain the School's values and the integrity of its technology. For this reason, any staff member found to be abusing the privilege of the School regarding use or access to its technology or contravening the terms of this policy will be subject to disciplinary action, up to and including possible termination of employment. TMS reserves the right to inform appropriate law enforcement authorities or other officials of any offences or possible offences under the Criminal Code or other applicable statutes. TMS will not provide compensation for any work loss incurred if any disciplinary action is taken.
If any employee needs clarification regarding the appropriate use of the School's technology, they are encouraged to direct their questions or concerns to the Manager of Information Technology, their direct supervisor, or the Manager of Human Resources.
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Company Name: Toronto Montessori School (TMS)
Policy Title: Acceptable Use of Social Media
Policy Owner: Vince Haines, CAO
Acceptable Use of Social Media Policy
Policy Statement
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
Social media is becoming increasingly popular with people of all ages and, in some cases, has become a virtual meeting place for school personnel and students. Maintaining professional boundaries in all forms of communication, technology-related or not, is vital to maintaining appropriate professional relationships with students, parents/guardians and other stakeholders. At TMS, we use social media to create professional interactive virtual communities for students and the school’s wider community. Social media enables connectivity in the school’s community as parents/guardians, students and other stakeholders benefit from access to assignments and school updates or can engage with educational connections outside the classroom.
Definition of Social Media
Social Media is defined as an Internet-based community where members post information and media pertaining to themselves and have the opportunity to find and interact with other members, particularly those with shared real-life interests or experiences.
Social media and electronic communication encompass software, applications, including those running on mobile devices, email and websites, which enable users to interact, create and exchange information online. Examples include, but are not limited to, sites such as Instagram, Facebook, Twitter, LinkedIn, Flickr, YouTube, Wikipedia, Picasa.
Professional Boundaries
All employees must be aware that the educational use of social media and electronic communication requires cautious and professional use by everyone. TMS employees are governed by the school’s Acceptable Use of Technology Policy requiring respectful and responsible conduct.
Every employee must know and maintain proper professional boundaries with students, even when students initiate electronic interaction. Employees are prohibited from connecting to students’ personal sites and can only engage in communication in the school’s established curriculum and social media venues. It is up to staff members to know and respect proper professional boundaries with students, even when students initiate electronic interaction.
At all times school faculty and staff must use such social media tools in ways that are consistent with the mission and vision of the school and that comply with the Ontario College of Teachers’ professional advisory entitled “Use of Electronic Communication and Social Media” approved on February 23, 2011, updated Sept. 27, 2017.
The off-duty conduct of our employees matters. Sound judgment and due care should be exercised at all times, even when off-duty. The Supreme Court of Canada has ruled that teachers’ off-duty conduct, even when not strictly an exercise of one’s job duties, is relevant to their suitability to teach. School staff should maintain a sense of professionalism at all times – in their personal and professional lives. Avoiding improper, unethical or illegal activities is paramount in maintaining a safe and inclusive TMS environment.
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Guidelines
TMS employees should adhere to the following guidelines when using online social media applications that may be frequented by current or former students of TMS or their families:
Interact with StudentsAppropriately
● As a digital citizen, teachers will model the behaviour they expect to see online from their students.
● Alert students to appropriate online behaviour and the proper use of comments and images.
● TMS employees will maintain their professional persona by communicating with students electronically at appropriate times of the day and through established education platforms (i.e., a web page dedicated to a school program, project or class).
● Maintain a formal, courteous and professional tone in all communications with students to ensure that professional boundaries with students are maintained.
● Avoid exchanging private texts, phone numbers, personal email addresses or photos of a personal nature with students.
● Decline student-initiated “friend” requests and do not issue “friend” requests to students.
● Decline parent-initiated “friend” requests and do not issue “friend” requests to a parent.
● Social network “friend” requests may be accepted only with alumni over the age of 18.
Understand Privacy Concerns
● TMS employees will set and maintain strict privacy settings by choosing settings that limit what others can do. Blanket invitations that use email contacts automatically should be avoided. Students should not be among those who are allowed to post on a staff member’s personal social media platforms but are welcome to publish through school sanctioned sites through the support and guidance of the Community Development Department.
● TMS employees will assume that information that they post can be accessed by the School.
● TMS employees will regularly monitor all content that they or others post to their social media accounts and remove anything that is inappropriate.
● TMS employees will ask others to remove any undesirable content related to them.
● TMS employees will recognize that many former students have online connections with current students, and that information shared between such staff and former students is likely to be seen by current students as well.
Act Professionally
● Respect the privacy and confidentiality of information pertaining to students, parents, staff and other members of the School Community. Postings in personal blogs or websites will not reveal confidential information about any member of the school community. This includes personal information, photographs or videos of students or staff, financial information, school plans, marketing materials or school development information.
● TMS employees will consider whether any posting may reflect poorly on them, the school or the teaching profession. Social media sites will not be used to attack, threaten or intimidate colleagues. Staff members will respect the privacy and feelings of others.
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● Be transparent and authentic. School staff will use their professional identity at all times. Staff who use social media for school purposes must do so using their own name or the name of the course, not a pseudonym or nickname.
● Do not post online criticism about students, colleagues, the school or others within the school community, including impulsive, inappropriate or heated comments.
● Ensure that comments do not incite others to make discriminatory, harassing or other professionally unacceptable comments. School staff will actively monitor their site, threads and blogs for inappropriate responses and, if necessary, follow up through established reporting protocols.
● TMS employees are aware of and will comply with the school’s Acceptable Use of Technology Policy and other policies regarding the use of social
● media/e-communications and the appropriate use of electronic equipment.
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Company Name: Toronto Montessori School (TMS)
Policy Title: Alcohol and Drug-Free Workplace Policy
Policy Owner: Vince Haines, CAO
Alcohol and Drug-Free Workplace Policy
Policy Statement
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
TMS has a responsibility to ensure student and employee health and safety by minimizing or eliminating all potential safety risks. An equally significant concern is the promotion of employee health and wellness.
TMS recognizes that employees who are impaired by alcohol or drugs while at work may threaten the health and safety of themselves as well as other employees or students. Impairment by alcohol or drugs can also endanger the safety of the general public, cause damage to school property, contribute to increased absenteeism, adversely affect the quality of the educational services TMS delivers and therefore the School’s reputation within the community.
Application
The following Drug and Alcohol Policy (the “Policy”) will apply to all TMS employees. The application of this Policy is subject to any obligations that TMS may have under the Ontario Human Rights Code. TMS retains all other rights not expressly stated in this Policy.
Expectations under this Policy
Under this Policy all TMS employees are:
● Required to report to work in a physical and mental condition that will enable them to perform their duties in a safe and efficient manner completely free of the effects of alcohol or drug use, including adverse effects caused by prescription medication
● Prohibited from possessing, controlling, selling, producing, distributing or using drugs or drug paraphernalia while carrying out responsibilities on behalf of TMS at each of its locations or elsewhere, and from being impaired while at work as a result of the use of drugs, including prescription medication and
● Prohibited from possessing, controlling, selling, producing, distributing or using alcohol and from being impaired while at work as a result of alcohol consumption.
For the purposes of this Policy the workplace includes all property, facilities and vehicles owned, leased or used by TMS, as well as any off-site locations while carrying out the business of TMS. This also is applicable for all school trips and activities and these guidelines apply to chaperones as well.
Employees using prescribed or over-the-counter medication must ensure that the medication does not have any side-effects that could result in a health and safety risk. If in doubt, employees should seek clarification from their physician or pharmacist. If the employee knows or ought to know that the medication in question may impair his/her ability to perform his/her job duties, the employee must report the use of the medication to his/her Supervisor who will assess the situation and advise the employee accordingly.
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Where an employee reports the use of prescription or over-the-counter medication to his/her Supervisor, TMS, in the interests of safety, may reassign the employee to alternate duties, if available, for the period during which the employee is using the medication. If a reassignment is not reasonably possible, the employee will be placed on temporary medical leave until released, to the satisfaction of TMS, as fit for duty by the employee’s physician.
Employees who determine that they have a dependence on alcohol or drugs are encouraged to seek professional assistance. Employees who advise TMS of an alcohol and/or drug dependency will be referred to the Employee Assistance Program (EAP) for further assessment and treatment. Job security will not be jeopardized for employees who seek assistance and/or treatment, or seek TMS’ help to obtain such assistance and/or treatment. Each employee’s situation will be dealt with on a confidential case-by-case basis.
Violations of this Policy
Employees at work who have been found to be under the influence of drugs and/or alcohol will be sent home for the remainder of the day and may be subject to discipline upon their return to work. TMS will make arrangements to transport the employee home, on the day of the occurrence, at its expense.
Violation of any provision of this Policy will be subject to disciplinary action up to and including termination.
Employee Assistance Program (EAP)
TMS has an Employee Assistance Program (EAP) and encourages employees to make use of the EAP to help manage their consumption of alcohol and other drugs. All use of the EAP is voluntary and strictly confidential; other than those employees who approach TMS for assistance; TMS is never made aware of the identity of employees who use the service. Employees may also be referred to a substance abuse professional or a rehabilitation facility.
TMS believes that a person’s job performance may also be affected when a member of their family experiences difficulties. For this reason, TMS also extends the services of its EAP to dependent members of an employee’s immediate family who are in these circumstances.
Confidentiality
The use of any information provided by the EAP, a Substance Abuse Professional or rehabilitation facility after receiving employee authorisation will be restricted to a determination as to when the employee should return to his/her duties, or what, if any, services, counselling, rehabilitation, or other assistance or discipline is appropriate.
All actions taken and all employee information obtained pursuant to this Policy will be kept confidential by TMS and will be disclosed on a need-to-know basis.
Employees who have questions regarding the Workplace Drug and Alcohol Policy, must contact Human Resources for clarification of the Policy.
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Company Name: Toronto Montessori School (TMS)
Policy Title: Anti-Racism Policy
Policy Owner: Vince Haines, CAO
Anti-Racism Policy PREAMBLE
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th, 2021
The mission of TMS (the “School”) is to deliver a seamless, internationally-acclaimed educational experience designed to inspire and challenge students to discover the best of who they are and to achieve their full potential. We strive to enable each and every student to learn effectively and to improve learning outcomes for all, regardless of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability.
The School upholds the principles of respect for human rights enshrined in the Ontario Human Rights Code (the “Code”). The School recognizes that equity of opportunity and equity of access to the full range of programs, delivery of services, and resources are critical to the achievement of successful educational and social outcomes.
The School strives to provide an education which will equip students with the knowledge, skills, and attitudes to live in an increasingly diverse world. This involves a commitment to inclusive education, and identifying and eliminating discriminatory biases and systemic barriers, whether overt or subtle, intentional or unintentional that may limit students’ learning, growth, and contribution to society. The principles of equity and inclusive education are embedded in all aspects of the School’s operations.
The School is therefore committed to an equitable education program that upholds and reflects the principles of fair and inclusive education which should permeate all policies, procedures, and practices.
The School acknowledges that racism exists in Canadian society and in its institutions, and therefore affects the School itself. The School takes a proactive stand against racism of any kind and recognizes that we have a role to play in combating racism in our community and within our School. Consistent with our values, the School is committed to identifying and preventing systemic racism and providing an educational environment, in which individuals are treated with dignity and respect without regard to their race. Each individual should have the ability to learn, grow, and engage with others in a welcoming atmosphere that promotes equal access to opportunities and prohibits discriminatory practices.
The Ontario Government’s Anti-Black Racism Strategy acknowledges the systemic barriers and stigma faced by Black Ontarians:
The impact and consequences of our history have created systemic barriers that prevent people from fully participating in all parts of society. This is especially true for Black Ontarians of all backgrounds. Whether they’re recent immigrants or descendants of people who were enslaved, Black Ontarians live a shared present-day experience of antiBlack racism.
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The stigma and stereotypes Black Ontarians and communities face have impacted public policies, decision-making and services. As a result, in nearly every measure of opportunity, security and fairness in our society, anti-Black racism is felt.
The School’s policies are designed to foster a positive and inclusive school climate that is free from discriminatory or harassing behaviour. A positive and inclusive school climate is one where all members of the school community feel safe, included, welcomed, and accepted. Racial and ethnocultural harassment is demeaning treatment and is a form of discrimination that is prohibited under the Code
The principles of equity and inclusive education support a whole-school approach to foster positive student behaviour. When relationships are founded on mutual respect, a culture of respect becomes the norm. The School will ensure that students and staff can report incidents of discrimination and harassment safely and will enable school personnel to respond in a timely manner.
APPLICATION
This policy applies to all faculty, staff, administrators, and students. The policy applies in all areas of educational activity, including classroom settings, school-sponsored events, functions, and activities, and in the use of electronic media and communications.
It is the expectation of the School that all members of the school community, including faculty, staff, and students, will adhere to the School’s policy. Non-compliance with the School policy will be addressed accordingly.
DEFINITIONS
For the purpose of this policy:
● Racism is the belief that race is the primary determinant of traits and capacities and that racial differences produce an inherent superiority of a particular race. This belief, when entrenched in the systems and daily operation of institutions, results in racial exclusionary practices, denial of rights and privileges in access to employment and education, and various forms of discrimination. Racism is more than obvious racially motivated acts such as violence or segregation of ethno-racial groups. It is embedded in the dominant culture and social institutions in a way that is so pervasive that it is often invisible. Race is a protected ground under the Code. Racism operates at several levels, including individual, systemic or institutional, and societal. Racial discrimination can occur through stereotyping and overt prejudice, or in more subtle ways, such as unconscious bias.
● Anti-racism is a systematic method of analysis and a proactive course of action. The approach recognizes the existence of racism, including systemic racism, and actively seeks to identify, remedy, and prevent the racially inequitable outcomes and power imbalances between groups and the structures that sustain these inequities.
● Bias is a predisposition, prejudice, or generalization about a group of people based on personal characteristics or stereotypes.
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● Systemic discrimination or systemic racism are patterns of behaviour, policies, or practices that are part of the social or administrative structures of an organization, and which create or perpetuate a position of relative disadvantage for groups identified under the Code
● Inclusive education is education that is based on the principles of acceptance and inclusion of all students. Students see themselves reflected in their curriculum, their physical surroundings, and the broader environment, in which diversity is honoured and all individuals are respected.
THE SCHOOL’S COMMITMENT TO ADDRESSING RACISM
In pursuit of our goal of combating racism, the School will:
● Foster respect amongst all school faculty, staff and students;
● Actively identify and challenge individual or systemic discrimination in the School;
● Ensure that all school faculty and staff are responsible for challenging racial discrimination in the School;
● Provide anti-racism education and training to all school faculty and staff, and develop training and education programs that are inclusive and responsive to the diversity of our faculty, staff and student body;
● Ensure equitable access to opportunities;
● Equip all school faculty and staff with the training, knowledge, and skills to recognize and challenge racial discrimination in the School;
● Ensure that any report of discriminatory treatment is investigated, and the complainant is protected against reprisals;
● Continually monitor and assess progress in challenging racial discrimination in the School.
CATEGORIES OF RACIST BEHAVIOUR
Examples of racial discrimination in the educational context may include:
● Physical assault and harassment;
● Verbal abuse and threats;
● Use of derogatory language and ridicule (i.e. name-calling, racial slurs, racial “jokes, and mimicking accents and cultural differences);
● Racist propaganda (may include racist graffiti, comics, and magazines, wearing racist badges and insignia, t-shirts and jewellery, and more);
● Incitement of others to behave in a racist manner, including encouraging others to hate, have serious contempt for, or ridicule a person or group of people because of race, colour, nationality, ethnic, or national background;
● Racist comments in the course of discussions in lessons;
● Refusal to cooperate with other people because of their colour, ethnicity, or language;
● Low teacher expectations of racialized students;
● Cyber racism;
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● Insensitive statements that isolate and identify an individual by race, including asking a racialized student, Where are you from”; and/or
● Failing to deal with racial incidents or bullying between students or downplaying the seriousness of conduct.
The above is a non-exhaustive list, but any of the aforementioned categories of racist behaviour may result in a complaint against the acting individual.
REPORTING PROCEDURES
Racial discrimination or harassment will not be tolerated or condoned by the School. Faculty, staff, students, and parents who are subjected to or become aware of discrimination or harassment are encouraged to report their concerns immediately.
All incidents of racial harassment or discrimination should be reported to the Head of School, CAO or Executive Director, Community Development. All incidents or complaints of racial harassment or discrimination shall be kept confidential except to the extent necessary to protect the individual or individuals in question, to investigate the complaint or incident, to take corrective action, or otherwise as permitted or required by law.
COMMITMENT TO INVESTIGATE
All employees of the School must take seriously all allegations of racial harassment and discrimination and act in a timely, sensitive, and supportive manner when responding to students, parents, or other members of the school community who disclose or report bullying incidents.
It is critical for the School to teach and for students to commit to learning how to relate with others in a healthy manner. As such, school employees who work directly with students must respond to any student behaviour that is likely to have a negative impact on the school climate.
Racial harassment and discrimination in any form will not be tolerated at the School. Reports of circumstances or actions that represent harassment or discrimination will be addressed in an age-appropriate manner in accordance with the circumstances of each individual case.
All students and other members of the school community are encouraged to report any incidents of harassment or discrimination to the Head of School, CAO or Executive Director, Community Development immediately. The Principal will be responsible to ensure that the School’s procedures are followed.
The School will put in place procedures that are intended:
● To allow students to report racial harassment and discrimination incidents in a safe and welcoming environment, and in a way that will minimize the possibility of reprisal;
● To encourage parents and all school faculty and staff members to report incidents of harassment and discrimination, and to facilitate such reporting; and
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● To address when and how to report to police and how to work with police on an ongoing basis to promote the safety and security of students while not prejudicing ongoing criminal proceedings.
AFFIRMATION
The School affirms that the racial and ethno-cultural diversity of its community is a source of excellence, enrichment, and strength. The School affirms its commitment to human rights, and, in particular, to the principle that every member of the School community has a right to equitable treatment without harassment or discrimination on the grounds prohibited by the Code, including race and ethnicity.
The School acknowledges its ongoing responsibility to foster fairness and respect, to create and maintain a positive working and learning environment, and to promote anti-racism. In doing so, the School seeks to deepen its understanding and knowledge, and to promote student and staff well-being in order to help every individual in our community achieve their full potential. The School therefore rejects all forms of racist behaviour and is committed to the elimination of racial harassment and discrimination in its organization, curriculum, and in the learning and working environment.
No student, employee, parent or community member should experience racism within the learning or working environment of the School. Eradicating expressions of racism and discrimination in learning and working environments, and challenging the attitudes that allow them to emerge, is the shared responsibility of all. Racial discrimination and harassment are against the law. Anyone in the School community who infringes a right protected by the Code shall be subject to complaint procedures, remedies, and sanctions in the School's policies, codes, and regulations, and to such discipline as may be appropriate in the circumstances.
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Company Name: Toronto Montessori School (TMS)
Policy Title: Conflict of Interest Policy
Policy Owner: Vince Haines, CAO
Conflict of Interest and Code of Ethics Policy
Policy Statement
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
It is the policy of TMS (TMS) to follow the highest ethical standards in the conduct of its own affairs in the interest of the TMS Students, Parents, the Board of Trustees, Staff and Faculty members.
The faculty, staff, administrators and Board at TMS recognize a responsibility to ensure that they conduct themselves in an unbiased manner and serve the goals of the School (the “School”). It is thus the responsibility of TMS, its employees and its Board to guard against conflicts of interest, which might compromise the integrity and objectivity of the school community (“Conflict of Interest”).
By adopting this Conflict of Interest Policy and Code of Ethics (“Conflict of Interest Policy”), TMS also (i) demonstrates its commitment to ethical principles that guide the School’s daily functions and purpose and (ii) establishes a mechanism to safeguard the School, employees, and Board integrity and objectivity so that school interactions can optimally benefit society.
Purpose
This Conflict of Interest Policy has been prepared to outline the TMS approach to identifying and evaluating potential conflicts and assisting its employees in addressing conflict of interest issues. Also, this will provide employees, trustees and committee members with necessary guidelines to avoid conflicts of interest or the appearance of a conflict of interest between their financial or other personal interests and the goals and policies of the School.
Application
This policy is applicable to:
1. All members of the TMS Board
2. All members of TMS Committees
3. Parent community
4. All members of TMS Faculty and Staff
Definitions
Family For purposes of this policy, family is defined as a Board’s, Committee member’s or employee’s spouse and minor children.
Financial Interest Any relationship, including a consulting relationship, entered into by an employee or his or her family, other than employment by the School, which could result in a financial gain for the employee or his or her family.
Conflicts of Interest: Many employees, Board or Committee members either occupy positions that allow them to influence School decisions, or they have been entrusted with the authority to make decisions for the School. A Conflict of Interest exists if one’s position or authority may be used to influence or make decisions that lead to any form of financial or personal gain for the individual or for his or her family.
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Principles
1. General Principles for Faculty and Staff. As a natural consequence of personal commitment to academic principles, TMS employees must ensure the integrity of their academic pursuits by taking steps to avoid conflict of interest, or even the appearance of conflict of interest. Because the complexity and diversity of personal relationships is extensive, and the perception of conflict of interest may vary from one individual to another, the most effective means to address conflict of interest is to establish a system under which employees disclose and obtain an evaluation of potential conflict. Thus, TMS employees shall disclose to the Head of School any potential conflict of interest that is or may be material. In the case of the Head of School, he/she will disclose any potential conflict of interest to the Chair of the TMS Board.
2. Identification of Conflict of Interest for Faculty and Staff. Identifying conflict of interest is not a simple task. A TMS employee has a conflict of interest if his or her judgment and discretion in other matters affecting the School are or may be influenced by considerations either of personal gain or financial benefit.
The following is a partial list of activities or actions that merit case-by-case examination to determine whether such an activity creates a material conflict of interest that should either be managed appropriately or eliminated.
a. Consulting or tutoring activities. At no times may a TMS teacher tutor his or her own student for additional remuneration.
b. The purchase of goods or services for the School from businesses in which the employee, or his or her family, has a financial interest, or as a result of such purchase, may directly benefit.
c. Receipt of gifts, gratuities, loans, or special favours (including trips or speaker's fees) from research sponsors or vendors.
d. Holding of an ownership interest by the employee or the employee's family in any real or personal property leased or purchased by the School.
e. Holding of an equity, royalty, or debt instrument interest by the employee or the employee's family in an entity providing to the School financial support, including research or other support or services, when such support will benefit the employee or persons supervised, directly or indirectly, by the employee.
f. Receipt, directly to the employee from non-School sources, of cash, services, or equipment provided in support of the employee's School activities.
g. Some memberships on Boards, committees, advisory groups (or similar bodies) of governmental, for-profit or not-for-profit entities.
h. Use of information received as a School employee for personal purposes.
3. General Principles for Board and Committee Members. As a natural consequence of personal commitment to the principles of good governance, TMS trustees and committee members must ensure the integrity of their volunteer pursuits by taking steps to avoid a conflict of interest, or even the appearance of a conflict of interest. Because the complexity and diversity of personal relationships is extensive, and the perception of conflict of interest may vary from one individual to another, the most effective means to address conflict of interest is to establish a system under which trustees and committee members disclose and obtain an evaluation of potential conflict. Thus, TMS Trustees and committee members shall disclose to the Chair of their committee or the Chair of the TMS Board any potential conflict of interest.
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4. Identification of Conflict of Interest for Board and Committee Members. Identifying conflict of interest is not a simple task. A TMS Board or committee member has a conflict of interest if his or her judgment and discretion in other matters affecting the School are or may be influenced by considerations either of personal gain or financial benefit.
The following is a partial list of activities or actions that merit case-by-case examination to determine whether such an activity creates a material conflict of interest that should either be managed appropriately or eliminated.
a. Consulting activities.
b. The purchase of goods or services for the School from businesses in which the trustee or committee member, or his/her family, has a financial interest, or as a result of such purchase, may directly benefit.
c. Receipt of gifts, gratuities, loans, or special favours (including trips or speaker's fees) from research sponsors or vendors to the School.
d. Holding of an ownership interest by the trustee or committee member or his/her family in any real or personal property leased or purchased by the School.
e. Holding of an equity, royalty, or debt instrument interest by the trustee, committee member or his/her family in an entity providing to the School financial support, including research or other support or services, when such support will benefit the trustee, committee member or persons supervised, directly or indirectly, by the trustee or committee member.
f. Receipt, directly to the trustee or committee member from non-School sources, of cash, services, or equipment provided in support of the trustee’s or committee member’s School activities.
g. Some memberships on Boards, committees, advisory groups (or similar bodies) of governmental, for-profit or not-for-profit entities.
h. Use of information received as a School trustee or committee member for personal purposes.
i. Trustees and committee members are not entitled to remuneration and no trustee or committee member shall directly or indirectly receive any payment. This will include professional fees, salary, payment for goods received by the School, etc. A trustee or committee member may be reimbursed for reasonable expenses incurred by him or her in the performance of his or her duties.
j. Trustees and committee members must refrain from influencing the academic content of the School’s program, and especially disciplinary process or admissions, where the primary intention is to affect their children, the children of family members or close personal friends. Trustees and committee members must distinguish their motives as a member of the Corporation or parent, as opposed to using their position as a trustee or committee member when discussing potentially conflicting issues.
Gifts or Favours
a. No employees, trustees or committee members shall accept or seek any gifts, favours, cash, rebates, secret commissions, fees or anything of value for themselves or members of their families that could influence or appear to influence decisions they may be obligated to make on behalf of TMS.
b. Employees, governors, or committee members may accept normal business courtesies extended by external organizations such as meals, invitations to meetings or associations on the understanding that these invitations imply no special consideration in return.
c. Employees, trustees or committee members may accept on behalf of the School, reasonable gifts from members of the Corporation, which contribute to the well-being of the School on the understanding that such a gift is accepted without any form of future expectations, considerations, favour or reciprocation other than acknowledgement of the donation.
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d. Employees, trustees and committee members may accept gifts from members of the Corporation for themselves on the understanding that such a gift is accepted without any form of future expectations, considerations, favour or reciprocation other than acknowledgement of the gift. Class gifts, group gifts and nominal Holiday and Birthday gifts from members of the TMS community for employees, trustees and committee members for their contributions are acceptable forms of gifts.
Contributions and Subscriptions
a. No contribution of any kind will be made by any employee of TMS, governor or committee member on behalf of the School to any political party group or person running for public office.
b. No contribution of any kind will be made to any organization, group or association on behalf of TMS outside of our normal community service activities without the approval of the Head of School.
c. Annual subscriptions and memberships to educational and academic associations or organizations may be entered into by the Head of School (within budget requirements) on the basis it is beneficial to TMS or its employees. Whenever possible, subscriptions or memberships should be corporate, rather than for individual staff persons or trustees.
Review of Ongoing Activities.
Increased research support from the private sector, changes in federal law and regulations encouraging technology transfer and the continued need of the School and its employees to demonstrate public accountability have necessitated new approaches in the management of conflict of interest. Some previously acceptable activities may now require re-evaluation, and ongoing activities that involve potential conflict of interest should be disclosed and re-evaluated periodically. If re-evaluation indicates that any problems exist, provision will be made to correct them in an orderly and reasonable fashion.
Non-Compliance with Policy
1. Violations of the requirements of this policy by any employee shall, if not resolved, subject the employee to sanctions or other actions permitted by the employee’s contract of employment.
2. Violations of the requirements of this policy by any governor or committee member of TMS shall, if not resolved, be communicated to the Head of School to review and take appropriate action.
Interpretation
Questions concerning the interpretation or applicability of this conflict of interest policy should be directed to the Head of School as appropriate.
Confidential Information
No employee, trustee, or committee member of TMS shall disclose, release or sell to persons outside of the Corporation any information of a confidential nature concerning TMS.
Prohibition of Illegal Activity and Corruption
Activities which are in violation of federal, provincial, or local law, including the offering or acceptance of a bribe or “kickback”, are strictly prohibited.
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Company Name: Toronto Montessori School (TMS)
Policy Title: COVID-19 Vaccination Policy
Policy Owner: Vince Haines, CAO
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th, 2021
COVID-19 VACCINATION POLICYFOR TEACHERS, SCHOOL STAFF AND ELIGIBLE STUDENTS PURPOSE
At TMS (the “School”), we are committed to providing and maintaining a safe school environment for all. Consistent with this commitment, the School has established this COVID-19 Vaccination Policy (the “Policy”). The Policy requires that, in accordance with the terms set forth below, all persons subject to this Policy (as defined in Scope, below) be vaccinated for COVID-19 or obtain an approved accommodation or exemption.
The School has established this Policy, considering reliable scientific evidence, government guidance and protocols, its Occupational Health and Safety Act (“OHSA”) requirements and relevant human rights legislation.
BACKGROUND
The objective underlying this Policy is to provide a healthy and safe school environment for students, teachers and staff, and safeguard the broader communities in which they live.
The COVID-19 Science Advisory Table for Ontario reported that as of August 15, 2021, 91.4% of the new cases in the province were the Delta variant. It stated that the Delta variant is more transmissible and may be more dangerous than other variants of COVID-19, including the Alpha variant. The Delta variant was the dominant form of the virus during summer 2021. Medical experts warn that as the Delta variant increases significantly in Ontario, unvaccinated populations remain most vulnerable. Among them are children under the age of 12, who are not yet eligible for vaccination.
The Government of Canada currently has authorized a number of COVID-19 vaccines for use in Canada, for individuals 18 years of age and older (or 12 years of age and older for the PfizerBioNTech COVID-19 vaccine). In a report dated May 3, 2021, the National Advisory Committee on Immunization (NACI) stated that in clinical trials, all approved COVID-19 vaccines are efficacious in the short term against symptomatic, confirmed COVID-19 disease.
Safe and reliable vaccines are an important tool to help stop the spread of COVID-19, build immunity in Ontario and protect our communities. As a school, we have a heightened responsibility to ensure we are doing everything we can to protect our staff, students and their families. As the majority of roles at the School involve close contact with students and staff members, the School has determined that vaccinations of teachers, school staff and eligible students are mandatory, with certain accommodations or exemptions, as set out in this Policy.
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SCOPE
This Policy applies to all faculty, staff and students of the School who will be attending in-person for the 2021/22 school year and that are eligible to receive a COVID-19 Vaccination (“Eligible Members of the Community”). This includes students over the age of 12, school administrators, full-time and part time teachers, administrative staff, contract staff, visitors, on-site contractors and volunteers.
PROOF OF VACCINATION
Once an Eligible Member of the Community has been fully vaccinated, they are required to provide proof of vaccination to the School. For the 2021/22 School Year, the deadline is October 15, 2021. Proof can be in the form of a copy of the proof of vaccination given at the time of receiving vaccination, or a letter from a medical practitioner, confirming the individual has been vaccinated and the dates of the vaccinations.
Any new employee who joins TMS during the school year must be fully vaccinated as part of the employment contract and before their first day of work, or have an approved exemption.
Any new student eligible for the vaccine who joins TMS during the school year must be fully vaccinated (or have an approved exemption) before their first day of school.
All contractors coming on site must show proof of being fully vaccinated. TMS will not engage any contractor or company for any on-site work unless they can show evidence of vaccination. This includes school bus drivers. This policy also applies to specialists who are essential to the delivery of TMS programs and athletics.
The School will only collect, use and disclose information regarding an individual staff member’s vaccination status in accordance with its Privacy Policy and all applicable privacy laws. Proof of vaccination will be kept in a confidential file, stored in a secure location and managed by Human Resources.
EXEMPTIONS
The School recognizes its responsibilities and duties under provincial human rights legislation, such as the Ontario Human Rights Code (the “Code”). If an Eligible Member of the Community is unable to be vaccinated, due to a protected ground, as defined by the Code, the School has a duty to accommodate to a point of undue hardship.
Medical Condition Exemption
An Eligible Member of the Community who is requesting an exemption from this Policy on the basis of a medical condition must provide the School with a letter from a medical practitioner, clearly stating the reason why the individual should be exempted from receiving the vaccine.
However, this duty to accommodate must be balanced against the School’s obligations to protect the health and safety of staff and students. Due to the serious health threat COVID-19 presents to the public, if an Eligible Member of the Community will not be vaccinated because of a protected ground under the Code, they must request an accommodation or exemption which falls under one of the following two categories:
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For employees:
1. Medical Condition; or
2. Any other reason.
TMS has a policy that requires ALL employees to be fully vaccinated against COVID-19 at least 14 days prior to participating in any In-person school activities. This is a condition of employment for all employees. The expectation is that this position will be carried out in person at one or both of our campuses. Individuals who cannot be vaccinated due to substantiated grounds (medical and other protected grounds under the Ontario Human Rights Code) or choose not to be vaccinated for any other reason, may ask the school to validate the exemption and request an accommodation. They will be subject to additional health and safety measures.
In the event of an approved medical exemption for an employee, or a decision by the employee not to be vaccinated, the employee must agree to conduct an antigen self-test twice a week using tests provided by TMS and report the result to the school Nurse in a timely manner and as soon as possible after the test result is known. This applies whether the result is negative or positive.
Please note that prior to declining a first or second vaccination dose for any reason other than a medical reason, an educational session about the benefits of Covid-19 vaccination must be undertaken. The school will provide an online video for this purpose. The regulation permitting employees to opt out of having one or both doses of the Covid-19 vaccine is found in a Government of Ontario document dated September 7, 2021, entitled “Instructions Issued by the Office of the Chief Medical Officer of Health.”
For students:
1. Medical Condition; or
2. Religious/Creed exemption.
In the event of an approved exemption for an eligible student, the student (and their parents) must agree that the student will carry out antigen self-testing twice a week using tests provided by TMS where such testing is approved by the Ontario government. If the student (and their parents) refuse the testing, the student must move to on-line learning.
Other Exemption
A student may apply for an exemption due to religious belief or creed. The School reserves the right to ask for supporting materials, including a letter from a religious leader verifying that Covid-19 immunization is contrary to the teachings and beliefs of that person's religion.
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Process to Receive an Accommodation (see separate document)
The accommodation process is a shared responsibility. All parties should cooperatively engage in the process, share information and consider potential accommodation solutions. Eligible Members of the Community and parents/guardians who are requesting an accommodation are required to:
● make the accommodation needs known to the best of their ability, preferably in writing, in a timely manner;
● answer reasonable questions or provide information about relevant restrictions or limitations, including information from health care professionals;
● take part in discussions about possible accommodation solutions;
● co-operate with any experts whose assistance is required to manage the accommodation process;
● meet agreed-upon performance standards and requirements, once accommodation is provided; and
● work with school administration on an ongoing basis to manage the accommodation process.
Depending on workplace and learning and teaching considerations, possible accommodations may include masking, physical distancing, regular testing, remote learning arrangements, workfrom-home arrangements, job-protected leave of absence and/or restructured duties and responsibilities, or other measures the school deems necessary to protect the health and safety of students and staff.
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Company Name: Toronto Montessori School (TMS)
Policy Title: Criminal Record Checks Policy
Policy Owner: Vince Haines, CAO
Criminal Record Checks Policy
Policy Statement
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
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).
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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.
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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.
AVSS 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 DocumentsAct (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
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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.
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Company Name: Toronto
Montessori School (TMS)
Policy Title: Equity and Inclusive Education Policy
Policy Owner: Vince Haines, CAO
Equity and Inclusive Education Policy
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th, 2021
The mission of TMS (the “School”) is to deliver a seamless, internationally-acclaimed educational experience designed to inspire and challenge students to discover the best of who they are and to achieve their full potential. We strive to enable each and every student to learn effectively and to improve learning outcomes for all, regardless of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability.
The School upholds the principles of respect for human rights enshrined in the Ontario Human Rights Code (the “Code”). The School recognizes that equity of opportunity and equity of access to the full range of programs, delivery of services, and resources are critical to the achievement of successful educational and social outcomes.
The School strives to provide an education which will equip students with the knowledge, skills, and attitudes to live in an increasingly diverse world. This involves a commitment to inclusive education, and identifying and eliminating discriminatory biases and systemic barriers, whether overt or subtle, intentional or unintentional that may limit students’ learning, growth and contribution to society. The principles of equity and inclusive education are embedded in all aspects of the School’s operations.
The School is therefore committed to an equitable education program that upholds and reflects the principles of fair and inclusive education which should permeate all policies, procedures and practices.
For the purpose of this policy:
· Equity is defined as “A condition or state of fair, inclusive, and respectful treatment of all people. Equity does not mean treating people the same without regard for individual differences.”
· Inclusive education is defined as “Education that is based on the principles of acceptance and inclusion of all students. Students see themselves reflected in their curriculum, their physical surroundings, and the broader environment, in which diversity is honoured and all individuals are respected.”
Diversity is defined as “The presence of a wide range of human qualities and attributes within a group, organization, or society. The dimensions of diversity include, but are not limited to, ancestry, culture, ethnicity, gender, gender identity, gender expression, language, physical and intellectual ability, race, religion, sex, sexual orientation, and socio-economic status.”
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AREAS OF POLICY FOCUS:
Equity and Inclusive Education in Ontario Schools: Guidelines for Policy Development and Implementation, Ontario’s Equity and Inclusive Education Strategy 2013 and Policy/Program Memorandum No. 119 (2013) “Developing and Implementing Equity and Inclusive Education Policies in Ontario Schools” identify eight areas of focus for implementing equity and inclusive education.
Each area of focus will be introduced and anchored by a preamble and a policy statement which will serve to guide the actions of the School, in honouring its commitments to equity and inclusive education policy development, implementation, monitoring and reporting.
1. SCHOOL POLICIES, PROGRAMS, GUIDELINES AND PRACTICES
Preamble:
The School will be guided by the principles set out in Policy/Program Memorandum No. 119 in all of the School’s policies, programs, procedures, and practices. Respect for the diverse perspectives of the entire school community will be reflected in all areas of the teaching, learning and administrative culture. Every effort will be made to identify and remove discriminatory biases and systemic barriers that may limit the opportunities of individuals from diverse communities for employment, mentoring, retention, promotion, and succession planning at the School. The goal is to ensure that the School is inclusive and reflects the makeup of its diverse community.
It is the Policy of the School to:
Serve faculty, staff, students and families in diverse communities by incorporating the principles of equity and inclusive education into all aspects of its operations, structures, policies, programs, guidelines, and practices; and to make efforts to identify and remove discriminatory biases and systemic barriers that may limit the opportunities of individuals from diverse communities.
2. SHARED AND COMMITTED LEADERSHIP
Preamble:
The School subscribes to an informed leadership philosophy that inspires, empowers, and supports all stakeholders to join together to implement institutional practices and behaviours that cultivate equity and inclusive education.
The School recognizes the critical connection between student leadership and improved student achievement and will strive to include the student voice in the implementation of equity and inclusive education.
Effective school leaders will encourage and promote a collaborative approach to all dimensions of equity and inclusive education, which ensures the participation of students, parents, service organizations and other diverse community partners.
It is the Policy of the School to:
Establish and maintain collaborative relationships with diverse communities so that the perspectives and experiences of all students are recognized to help meet their needs.
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3. SCHOOL, FAMILYAND COMMUNITY RELATIONSHIPS
Preamble:
The School values and encourages the active involvement of parents and family members to create and sustain a positive school climate that supports all student achievement. The School invites, and will draw upon the expertise of the parent body and community partners to explore ways of sharing resources that can help meet the diverse needs of our students and provide new and relevant learning opportunities.
The School is committed to ongoing, constructive and open dialogue in partnership with racial, ethno-cultural and faith communities to increase co-operation and collaboration among home, school and the community at large.
The School recognizes that the effective review, development, implementation and monitoring of equity and inclusive education policies and practices requires the involvement of all members of the school community.
The School values the assets that all stakeholders can bring to enable each and every student to learn effectively and enhance educational opportunities for all.
The School is committed to the maintenance, development, and expansion of partnerships with parents and diverse communities that support school improvement.
The School will undertake to identify, examine, and remove barriers that exist which may prevent fully participatory school-community relations.
It is the Policy of the School to:
Establish and maintain collaborative relationships with diverse communities so that the perspectives and experiences of all students, families and employees are recognized and addressed.
4. INCLUSIVE CURRICULUM AND ASSESSMENT PRACTICES
Preamble:
Curriculum is defined as the total learning environment, including physical environment, learning materials, pedagogical practices, assessment instruments, and co-curricular and extra-curricular activities.
At the School, students must feel engaged in and empowered by what they learn, supported by teachers, and welcomed in their learning environment. This is achieved through effective instructional strategies, and inclusive curriculum and assessment practices that reflect the diverse needs of all students and their learning pathways.
Students will be provided with authentic and relevant opportunities to learn about diverse histories, cultures and perspectives. Students should see themselves represented in the curriculum, programs and culture of the School.
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The School will draw upon teaching strategies that have been shown to support student success, including reviewing resources, instruction, and assessment and evaluating practices to identify and eliminate stereotypes, discriminatory biases, and systemic barriers.
Providing opportunities for formative assessment (assessment for learning) is an essential component of an inclusive curriculum. Multiple opportunities for assessment allow for student learning and accuracy of instruction and assessment, differentiated instruction and multiple and varied opportunities to demonstrate learning. Effective evaluation includes researched best practices that reflect the current level of achievement of the student.
It is the Policy of the School to:
Implement an inclusive curriculum and to review resources, instruction, and assessment and evaluation practices in order to identify and address discriminatory biases so that each student may maximize her or his learning potential.
5. RELIGIOUS ACCOMMODATION
Preamble:
The School recognizes and values the religious diversity within its community and is committed to providing a safe, respectful and equitable environment for all, free from all forms of discriminatory or harassing behaviour, including those based on religion.
Freedom of religion is an individual right and a collective responsibility. The School and the community it serves must work together to foster an inclusive learning environment that promotes acceptance and protects religious freedom for all individuals. While the School and its staff will take all reasonable steps to ensure freedom of religion and religious practices, it is expected that students and their families will help the School to understand their religious needs and will work with the School to determine appropriate and reasonable accommodations. This commitment is explicitly described in the Religious Accommodation Guideline attached hereto as Appendix “A”.
It is the Policy of the School to:
Acknowledge each individual’s right to follow or not to follow religious beliefs and practices free from discriminatory or harassing behaviour and is committed to taking all reasonable steps to provide religious accommodation to faculty, staff and students.
6. SCHOOLCLIMATE AND THE PREVENTION OF DISCRIMINATION AND HARASSMENT
Preamble:
The School’s policies are designed to foster a positive and inclusive school climate that is free from discriminatory or harassing behaviour. A positive and inclusive school climate is one where all members of the school community feel safe, included, welcomed and accepted. Racial and ethnocultural harassment is demeaning treatment and is a form of discrimination that is prohibited under the Code.
The principles of equity and inclusive education support a whole-school approach to foster positive student behaviour. When relationships are founded on mutual respect, a culture of respect becomes the norm. The School will ensure that students, faculty and staff can report incidents of
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discrimination and harassment safely and that will enable school personnel to respond in a timely manner.
It is the Policy of the School to:
Commit to the principle that every person within the school community is entitled to a respectful, positive school climate and learning environment, free from all forms of discrimination and harassment.
7. PROFESSIONAL LEARNING
Preamble:
Professional learning activities must be ongoing, evidence-based and focused on positive outcomes. The School will therefore provide opportunities for faculty and staff to participate in training on equity and inclusive education topics. The School will draw on existing expertise within its organization and its community partners and agencies.
It is the Policy of the School to:
Provide administrators, faculty, staff, students and other members of the School community with opportunities to acquire the knowledge, skills, attitudes, and behaviour needed to identify and eliminate discriminatory biases and systemic barriers under the Code.
8. ACCOUNTABILITYAND TRANSPARENCY
Preamble:
The School acknowledges and assumes the responsibility for its policies, actions, and decisions. In the pursuit of greater transparency and accountability, the School, in respectful collaboration and communication with the school community, will report on its goals and progress in the areas of policy review and school improvement planning.
It is the Policy of the School to:
Assess and monitor School progress in implementing equity and inclusive education principles into all school policies, programs, guidelines and practices; and to communicate these results to the School community.
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Company
Name
: Toronto Montessori School (TMS)
Policy Title: Human Rights Policy
Policy Owner: Vince Haines, CAO
Human Rights Policy
Policy Statement
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
TMS is committed to creating and maintaining a working environment that is free from discrimination. TMS recognizes that its employees have the right to work in an environment, which supports the dignity and self-esteem of each individual. All employees have a responsibility to respect the dignity and human rights of their co-workers and the community they serve.
Purpose
This policy is guided by the principles set out in the Code, as well as the Ministry of Education’s Equity and Inclusive Education in Ontario Schools guidelines. The purpose of this policy is to support student achievement by embedding the principles of equity and inclusive education into all aspects of the learning environment, and to prevent discrimination and harassment through greater awareness of and responsiveness to their deleterious effects. We will work cooperatively, and in a spirit of respect, with all partners in fulfilling our duty to accommodate. We are committed to ensuring that education on human rights issues is provided for all staff and students.
Application
This policy applies to all TMS students, employees, and other users such as members of consultative committees, parents, volunteers, permit holders, contractors, and employees of organizations not related to TMS but who nevertheless work on or are invited onto School premises. This policy also covers discrimination and harassment by such persons which occur outside the study/workplace, and which are proven to have repercussions that adversely affect the School’s learning/working environment.
Grounds of Discrimination
Under this policy, TMS upholds and supports the right to equal treatment without discrimination based on the following prohibited grounds: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, or disability.
Duties and Responsibilities
TMS has a duty to maintain an environment respectful of human rights and free of discrimination and harassment for all persons served by it. It must be ever vigilant of anything that might interfere with this duty. In fostering this environment, TMS expects that everyone will:
● be aware of and sensitive to issues of discrimination and harassment;
● support individuals who are, or have been, targets of discrimination and harassment;
● prevent discrimination and harassment;
● take reasonable steps to remove any discriminatory barriers in employment policies and practices and in accessing programs, resources, and facilities;
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● take all allegations of discrimination and harassment seriously and respond promptly;
● provide positive role models;
● not demonstrate, allow or condone behaviour contrary to this policy, including reprisal; and
● report immediately hate speech or activity. Anyone found to be in contravention of this policy may be subject to disciplinary action, which for staff may include dismissal for just cause.
Responsibilities
The Chief Administration Officer has the responsibility to designate resources for ensuring the implementation of, and compliance with, this policy and procedures.
Teachers have a particular obligation to ensure that the learning environment is free of discrimination and harassment and to respond speedily to breaches of this policy when they occur. TMS recognizes that preventive education and proactive practices are the best long-term strategies to achieve an inclusive learning and working environment. It is essential, therefore, that TMS programs, curriculum, teaching methods and management practices support the values embodied in this policy.
Supervisors and Managers have a specific duty to implement this policy. This duty includes prevention of and response to discrimination and harassment and the education of staff, students and the school community.
Failure to take measures to address discrimination and harassment in the learning and working environment may have legal implications for TMS.
Accommodation
Accommodation in the context of creed, family status, sex (including pregnancy), disability, age, gender expression and gender identity, or other grounds as required by the Code, will be provided in accordance with the principles of dignity, individualization, and inclusion. TMS will work cooperatively, and in a spirit of respect, with all partners in the accommodation process. Anyone requesting accommodation is required to cooperate in the accommodation process and provide information requested by TMS as may be needed to formulate appropriate accommodations.
Accommodation will be provided up to the point of undue hardship. A determination regarding undue hardship will be based on an assessment of costs, outside sources of funding, and health and safety. It will be based on objective evidence.
Request for Accommodation
Accommodation requests should, whenever possible, be made in writing. The accommodation request should indicate:
● The Code ground with respect to which accommodation is being requested;
● The reason why accommodation is required, including enough information to confirm the existence of a need for accommodation; and
● The specific needs related to the Code ground.
In the case of disability-related accommodations, the request need not specify a diagnosis or unnecessary medical information, but should set out the restrictions or accommodations required. No person will be penalized for making an accommodation request in good faith.
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TMS, the person requesting accommodation related to a Code ground and any necessary experts will work together cooperatively to develop an Accommodation Plan for the individual. In the course of doing so, TMS may require further information related to the accommodation request.
Additional Information
TMS may require further information related to the accommodation request, in the following circumstances:
● Where the accommodation request does not clearly indicate a need related to a Code ground;
● Where further information related to the applicant’s limitations or restrictions is required in order to determine an appropriate accommodation;
● Where there is a demonstrable objective reason to question the legitimacy of the person’s request for accommodation.
● Where expert assistance is necessary in order to identify accommodation needs or potential solutions, the accommodation seeker is required to cooperate in obtaining that expert advice.
Confidentiality
TMS will maintain the confidentiality of information related to an accommodation request, and will only disclose the information as needed in order to determine accommodation needs, to implement an accommodation solution, with the consent of the individual, or as required by law.
Undue Hardship
Where a determination is made that an accommodation would create undue hardship, the person requesting accommodation will be given written notice, including the reasons for the decision and the objective evidence relied upon.
Complaints
All those who are covered by this policy are entitled to complain about discrimination and harassment, and are encouraged to access TMS’ complaint procedures.
Nothing in this policy precludes, nor requires, individuals who believe they are targets of (or have witnessed) discrimination and harassment from directly expressing that the behaviour is inappropriate and must stop immediately. Many complaints can be resolved quickly and effectively using this approach, but it may not be appropriate or effective in every situation.
In order to stop discrimination and harassment, TMS’ leadership and administration will endeavour to expeditiously address and attempt to resolve complaints.
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Company Name: Toronto Montessori School (TMS)
Policy Title: Occupational Health and Safety Policy
Policy Owner: Vince Haines, CAO
Occupational Health and Safety Policy
Policy Statement
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
TMS (TMS) is committed to the promotion of the health, safety and well-being of all members of the TMS community, to the provision of a safe and healthy work environment and to the prevention of occupational injuries and illnesses.
In fulfilling this commitment, management will provide and maintain a safe and healthy work environment, in accordance with industry standards and in compliance with legislative requirements, and will strive to eliminate any foreseeable hazards which may result in property damage, accidents, or personal injury/illness.
Purpose
The TMS Health and Safety program is an amalgamation of existing policy, procedures, manuals and guidelines. It is intended to highlight all matters related to the health and safety of the TMS community and ensure the stated Health and Safety policy is being carried forward.
Application
We recognize that the responsibility for health and safety is shared. All employees will be equally responsible for minimizing accidents within our facilities. Safe work practices and job procedures will be clearly defined in the company’s Health and Safety Program for all employees to follow.
Accidental loss can be controlled through good management in combination with active employee involvement. Safety is the direct responsibility of all managers, supervisors, employees, and contractors.
All management activities will comply with company safety requirements as they relate to planning, operation and maintenance of facilities and equipment. All employees will perform their jobs properly in accordance with established procedures and safe work practices.
*The safety information in this policy does not take precedence over Occupational Health and Safety legislation. All employees should be familiar with the Occupational Health and Safety Act and the Regulations for Construction Projects (current edition), to the extent required for their jobs.
Health and Safety Responsibilities
Senior Management
1. Prepare a health and safety policy. Post it in the workplace and review it annually.
2. Develop a program to implement the health and safety policy. Ensure it is known throughout the organization. Ensure training is in place to make the program work.
3. Appoint competent supervision.
4. Ensure that equipment, materials and protective devices are provided and maintained in good condition.
5. Provide resources so supervisors and workers can carry out safe and healthy work.
6. Ensure that adequate and suitable planning is done to provide safe and healthy
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workplaces.
7. Review accident reports and respond where necessary.
8. Review site inspection reports quarterly.
9. Delegate authority and responsibility.
10. Hold employees and subcontractors accountable for the authority and responsibility delegated to them.
11. Be visibly committed to making health and safety work. Inspire others to make it work.
Managers
1. Ensure that the TMS faculty and staff understand their health and safety responsibilities.
2. Ensure that equipment, materials and protective devices are provided and maintained in good condition.
3. Ensure the workforce is trained to safely complete the work and deal with hazards. Ensure that the training is current and regularly reviewed.
4. Be aware of applicable legislation and ensure compliance.
5. Take unresolved health and safety problems to senior management.
6. Respond appropriately to reports of problems and to Joint Health and Safety Committee/Health and Safety Rep recommendations.
7. Establish a system to review the health and safety program. Ensure it is up-to-date.
8. Review accident/incident reports. Ensure corrective actions are taken.
9. Ensure that workers comply with the Occupational Health and Safety Act, applicable regulations and the company’s policy and program.
10. Ensure that workers are aware of potential hazards and have dealt with, or are dealing with, the actual hazards in the workplace.
11. Provide orientation to new staff.
12. Encourage workers to report health and safety problems
13. Respond quickly and appropriately to worker concerns and cooperate in their correction. Accelerate the matter if it is beyond the supervisor's authority/ability.
14. Be aware of the applicable legislation and company procedures.
15. Set an example by being consistently safety conscious, and insisting on the safe performance of work.
16. Establish procedures and practices to ensure that workers can carry out safe and healthy work.
17. Ensure that workers comply with the Occupational Health and Safety Act, applicable regulations and the company’s policy and program.
18. Ensure that workers are aware of potential hazards and have dealt with, or are dealing with, the actual hazards in the workplace.
19. Provide orientation to new staff.
20. Encourage workers to report health and safety problems.
21. Set an example by being consistently safety conscious, and insisting on the safe performance of work.
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Staff
1. Use or wear the equipment, protective devices or clothing that the School requires.
2. Work safely in accordance with TMS’s health and safety policy and program, and with the Occupational Health and Safety Act and applicable regulations.
3. Report unsafe conditions to the supervisor, after taking appropriate immediate action.
4. Report all accidents, injuries and near-misses immediately to the supervisor.
5. Work in a way that will not endanger yourself or others.
6. Advise other workers of unsafe conditions or work practices.
7. Participate in solving health and safety problems.
8. Provide recommendations to the supervisor to improve health and safety.
Crisis Management
In the event of a crisis situation proper procedures are to be followed. A list of all relevant crisis situations and what to do can be found in the Crisis Management Manual.
Joint Health & Safety Committee
Selection of the committee:
1. A Joint Health & Safety Committee of at least two persons is required at a workplace at which 20 or more workers are regularly employed.
2. At least half the committee members shall be workers who do not exercise managerial functions.
3. The worker member(s) shall be selected by the workers they are to represent.
4. The employer shall select the remaining members from among persons who exercise managerial functions.
5. The employer shall post the names and work locations of committee members on a bulletin board.
Responsibilities
The Joint Health & Safety Committee shall:
1. Meet at least once every three months.
2. Maintain written minutes of the meetings.
3. Conduct a monthly inspection of the work areas to identify hazards (worker member).
4. Report findings and make written recommendations to senior management.
5. Determine the time needed to conduct inspections.
6. Support the implementation and maintenance of the company safety program.
7. Assist senior management in the annual review of the company health and safety program.
8. Review inspection and accident reports.
9. Review committee membership to keep it representative of the workforce.
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Safety Training
TMS will provide safety and related training that is necessary to minimize losses of human and physical resources of the company. Employees will participate in this training as appropriate.
This training will include, but not be limited to:
● Safety and Fire training
● New hire safety orientations
● Task and trade-specific training and certification
● Workplace Hazardous Materials Information System (WHMIS) orientation
*The safety information in this policy does not take precedence over Occupational Health and Safety legislation. All employees should be familiar with the Occupational Health and Safety Act and the Regulations for Construction Projects (current edition), to the extent required for their jobs.
Workplace Hazardous Material Information System – WHMIS
Employee Training/Instruction
All TMS employees will receive WHMIS training as required under current legislation. A record of this training must be maintained.
Material Safety Data Sheets (MSDS)
Responsibility for MSDS is as follows:
Management:
a. Review in conjunction with the supervisor all supplied material with the review of obtaining all MSDSs that are required.
b. Obtain from the owner any MSDSs which are required for owner supplied material.
c. Obtain from subcontractors any MSDSs which are required for material supplied by subcontractors.
d. Cooperate with the owner/general contractor in setting up a general MSDS file for the schools.
e. Ensure the facility manager has set up and has updated MSDS filing system on site.
Facility Manager
a. Ensure that there is an MSDS for controlled products used on the site and in the site file which is accessible to all workers.
b. Review all TMS/Contractor supplied material and obtain all MSDS required.
c. Make available “upon request” MSDS to all TMS employees.
d. Ensure that proper personal protective equipment is available on site.
Hazard Reporting
Being aware of the surroundings helps to eliminate uncertainty. We encourage employees to take time to walk around the workplace and get a feel for their surroundings before starting any work.
Employees are to report any problem areas immediately. If areas of concern pose a threat to the health and safety of an individual, that individual must report immediately to the supervisor on site.
The supervisor will assess the situation and take necessary steps to correct the problem. If the situation requires a great deal of attention, then action must be taken.
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Safe Work Practice
Industry standards have been developed for many safe work practices (e.g. use of ladders). In other instances manufacturers have developed specific safe work practices for their products. It is the responsibility of all employees to ensure they know how to use equipment safely, or to ask their supervisor for training if they do not know the safe work practices for use of equipment.
Maintenance Program
Introduction
This section has been included in our safety manual to highlight the importance of proper maintenance as a vital part of a safety program.
It is vital that tools and equipment be properly inspected, maintained, and kept in good repair. Our maintenance program will reduce the risk of injury and damage.
Records
The maintenance program must contain a recording system. Part of this system should be made up of inventories and schedules. In addition, the recording system should document what maintenance work was done, when, and by whom.
Monitoring
The monitoring functions in a maintenance program fall into two areas.
First, the people responsible for operating and/or maintaining equipment must monitor that equipment to ensure that appropriate checks and maintenance are done.
Secondly, management should monitor the entire program to ensure that it is functioning in accordance with School policy.
Records Review and Statistical Analysis
Guidelines
In order to recognize hazards and monitor the success of the Health & Safety Program, reports, records and other performance measures must be reviewed. Analysis of these reports will provide information regarding which elements of the entire program need attention and improvement, and will assist in the prevention of accidents and injuries.
In addition to Hazard Assessment Procedures already in place, it is TMS policy to perform annual reviews of the following performance measures:
● Hazard reports
● Accident investigations
● Lost time injury reports
● Joint Health & Safety Committee (JHSC) minutes
To review data from these sources, it is necessary to establish a system to document, maintain and keep records on all injuries, accidents, and incidents that occur.
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Roles and Responsibilities
Employee Report all accidents, incidents, first aid occurrences, lost time injuries and equipment damage to department head or manager
Department Heads/Managers
▪ Record all accidents, incidents, first aid occurrences, lost time injuries, equipment damage, and JHSC minutes
▪ Send all relevant health and safety information to HR department
▪ Coordinate first aid response, accident investigation or other follow up procedures subsequent to an occurrence.
▪ Maintain records of orientation, safety audits, and follow up actions.
Senior Management
▪ Monitor injury frequency rates.
▪ Compile an annual report on all health and safety activities and occurrences
▪ Ensure follow up performed for all action items.
Records Review and Statistical Analysis Procedures
1. All safety data is registered and recorded at the School, with appropriate responses initiated immediately (accident investigation, etc.).
2. All safety data are copied to management.
3. Room inspection checklists from routine safety inspections may be collected and statistically analyzed in a Health & Safety report.
1. Appropriate action is taken, beginning with management, to respond to trends, repeated contravention, repeated injuries or commonly identified hazards.
Applicable Legislation
Occupational Health and Safety Act, Sections 25-28.
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Project Safety Data Statistical Focus Examples
inspections
performed, issue involved, hazards identified Accident investigations
performed, recommendations, by occupation Lost Time injuries
injury type, body part involved, by occupation
Health & Safety Committee, JHSC, minutes
frequency
Room
Number
Number
Frequency,
Joint
Issues identified, follow up, meeting
Company Name: Toronto Montessori School (TMS)
Policy Title: Progressive Discipline Policy
Policy Owner: Vince Haines, CAO
Progressive Discipline Policy
Policy Statement
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
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.
Misconduct Distinguished from Substandard Performance
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
In the Workplace
● Lateness
● Absenteeism
● Abuse of sick days
● Inappropriate use of school property
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● 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.
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.
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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.
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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
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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.
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Company Name: Toronto Montessori School (TMS) Approver: Andrew Cross, Head of School
Policy Title: Occassional Remote Work Policy
Policy Owner: Vince Haines, CAO
Occasional Remote Work Policy
Policy Statement
Version: 1
Last Review: February 20th 2023
Occasional remote work supports a flexible work environment for TMS employees. Working remotely on an occasional basis can pose advantages for both TMS and its employees.
Working remotely is not an entitlement or School-wide benefit. This policy is only to cover short-term needs that help the employee manage a personal issue with their ability to continue to fulfill their job responsibilities. In all cases, employees must have the permission and approval of their manager to work remotely.
Occasional remote work does not require a signed arrangement, although a written email request and confirmation from the manager is required.
It is expected that managers use judgement to ensure that occasional remote work is not used where existing policies that address time away from work are more appropriate (e.g. sick leave, vacation leave, leave of absence).
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Company Name: Toronto Montessori School (TMS)
Policy Title: Workplace Harassment Policy & Procedures
Policy Owner: Vince Haines, CAO
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
Workplace Harassment Policy & Procedures
Policy Statement
Toronto Montessori School (“TMS” or “the School”), in accordance with its values, the Ontario Human Rights Code, and the Occupational Health and Safety Act, prohibits any form of harassment or discrimination in the workplace. This policy applies to harassment and/or discrimination in any aspect of employment, including, but not limited to, recruitment, promotion, receipt of benefits, dismissal, layoff, performance evaluation, and working conditions. In addition, staff have an obligation to treat all students fairly and with respect. All staff and all students must be treated equally regardless of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability
Purpose
Workplace discrimination and discrimination in the provision of education is unacceptable. It is the policy of the School to address incidents of harassment and discrimination with seriousness and sensitivity. An employee of the School found in violation of this policy may be disciplined up to and including termination of employment, depending upon the circumstances involved.
TMS Commitment
Violence, intimidation, harassment and bullying in any form will not be tolerated at TMS. TMS is committed to minimizing the potential of employee risk or exposure to workplace harassment. TMS is a place that promotes responsibility, respect, civility and academic excellence in a safe working and learning environment. All persons in its working and learning environment will:
• respect differences in people, their ideas and opinions;
• treat one another with dignity and respect at all times, and especially when there is disagreement;
• respect the rights of others;
• show proper care and regard for School property and for the property of others; and
• demonstrate honesty and integrity.
Application
All persons working for TMS or carrying out the School’s business are covered by the policy. These include office staff, security staff and cleaning staff who are temporary, part-time, full-time and contract employees. This Policy also applies to members of the School’s Board of Directors and all committees and volunteers.
Definitions:
Workplace Harassment
(i) engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome, or
(ii) workplace sexual harassment
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Workplace Sexual Harassment
(iii) engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
(iv) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome;
The Workplace
The definition of the workplace is not limited to the campus of TMS, but extends to TMS excursions and field trips, off-site meetings, receptions, employee functions and any other TMS -sponsored events. Any incident of harassment occurring outside of the workplace but having repercussions in the work environment and adversely affecting any relationship (co-worker, employee/employer, employee/student) may also be defined as workplace harassment.
Existence of Workplace Harassment
Examples of workplace harassment include, but are not limited to:
• Workplace bullying, which includes making rude, degrading or offensive remarks, discrediting a person, spreading rumours, ridiculing him or her, humiliating a person, calling into question their convictions or their private life, or shouting abuse.
• Sexual or racial harassment, or harassing someone based on any ground prohibited by the Human Rights Code, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability
• Refusing to speak to or work with someone or treating that person differently because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.
While harassment is usually based on an ongoing pattern of abuse, in some instances a single incident can be sufficiently serious to constitute harassment.
A reasonable action taken by TMS relating to the management and direction of workers or the workplace is not workplace harassment.
Sexual Harassment
Sexual harassment of any kind in the workplace is unacceptable and is prohibited at TMS. Like other forms of harassment, sexual harassment is against the law, and all staff have a responsibility to conduct themselves accordingly.
TMS discourages sexual or romantic relationships between its leadership/management staff and other staff, if such leadership/management staff member is in a position to influence or be reasonably perceived to influence human resources decisions impacting such other staff member. If such a relationship does exist, the senior management must be informed immediately by the parties involved.
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Roles & Responsibilities
It is the policy of TMS to promote a productive work environment, and not to tolerate any incidents of workplace discrimination or harassment. All staff are expected to:
• Treat everyone in the workplace with dignity and in a manner that is respectful and free of intimidation and harassment.
• Make changes to their own behaviour where they become aware that there is a potential for such behaviour to harm, intimidate, threaten or cause offence to others.
• Refuse to accept harassing behaviour from others, regardless of whether that behaviour originates from one’s supervisor or co-workers, or by students, parents/guardians, or a member of the public.
• Intervene and/or report instances of inappropriate behaviour on the part of others which could amount to workplace harassment.
• Be supportive of others who are victims of workplace harassment.
• Cooperate fully with any and all workplace harassment investigations.
• Preserve evidence related to instances of alleged harassment, documenting dates, times and the names of any witnesses – especially that which would help prove that any alleged incidents did not occur, or that such events did not constitute harassment.
The Board of Directors is responsible for providing the Head of School and school staff with the necessary resources to implement the Policy, and to consider the advice of the Head on future development and improvement of this Policy and encourage the development of parallel policies that will enhance the workplace and teaching environment.
The Head of School is responsible for:
• ensuring that all employees are provided with information about the nature of workplace harassment and sexual harassment and are informed about the Policy, their rights and responsibilities;
• ensure that all complaints are being treated seriously; and
• ensure that corrective measures are taken and disciplinary measures are imposed quickly and without undue delay when a complaint is substantiated.
Employees are responsible for creating a safe environment in the workplace. Should an employee be aware of, or become aware of a problem that could or does result in harassment or discrimination in the workplace, he/she is responsible for reporting that problem to the office immediately. Diligence on the part of the School and its staff will ensure that we are all safer. Regardless if an event is witnessed or if there is just a concern of potential harassment, reports must be made as soon as possible, if not immediately. A report can either be written or verbal in nature.
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Treatment of Students
Students are entitled to be treated with respect and dignity and to learn in an environment that is free from physical and emotional abuse. As with the workplace, the Human Rights Code prohibits any teacher or other staff member from discriminating against any student on the basis of the grounds outlined in the workplace harassment provisions above.
Employees will not enter into any relationship with a student of any age outside the scope of any school activities. A relationship may be defined as social, romantic or sexual in nature. Any employee who violates this policy may be subject to discharge from his or her employment without notice, and may face criminal charges as a result of any activities of a sexual nature with a student.
For employee and student protection, all staff are prohibited from exchanging telephone numbers and/or personal email addresses or other personal online contact information with students. Employees should not associate with students or their families at non-school events, including through personal communications media.
Workplace Harassment Reporting and Procedures
Reporting Harassment and Discrimination
All employees must remain vigilant about harassment and discrimination. Any employees who are aware of, or have cause to be concerned about workplace harassment or discrimination should report such incidents to the Head of School or, if the Head of School is involved in the allegations of harassment, the report should be made to the Chief Administration Officer, or directly to the Chair of the Board. Reports can be made either verbally or in writing. Reports should be made as soon as reasonably possible given the circumstances of the incident.
TMS will treat any report of harassment or discrimination as a serious matter, and will respond in a timely fashion. Where possible, complaints of workplace harassment will be dealt with informally. Otherwise a formal investigation may be initiated.
TMS is committed to maintaining the privacy and confidentiality of an individual concerned in an incident of harassment or discrimination, wherever possible. However, employees should note that reports cannot be filed anonymously, and that in the course of an investigation a copy of the report may be made available to the relevant parties. As well, where appropriate, a copy of the report may be placed in the employee’s personnel file.
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Complaints Process and Investigations
All complaints of workplace harassment will be taken seriously by administration, and will be investigated and dealt with in a fair and timely manner.
Where appropriate, complaints may be dealt with informally, either by employees on their own or with the facilitation of the Chief Administration Officer. Informal resolution may be as simple as telling the offender to stop and that the behaviour, comment or action is not welcome and is against School policy. It is important to keep a record with details of the allegation, names of possible witnesses, how often, and when and where the alleged incident happened. At the informal stage, information is confidential unless otherwise authorized by the complainant.
If it is determined that a formal investigation of a complaint of harassment is required, an appropriate investigation will be conducted by the Chief Administration Officer, unless it is deemed appropriate to use an independent third party. The Head of School and the Chief Administration Officer will make this determination. The purpose of an investigation is to gather information and interview both parties to the dispute, as well as any witnesses. All relevant information will be gathered, including dates, times and details of any alleged incidents.
A formal complaint requires a detailed written report signed by the complainant to be provided to the Chief Administration Officer, or Head of School. In the event that the complaint pertains to the Chief Administration Officer, a detailed written report of the complaint may be submitted to the Head of School. At this point, all parties to the complaint, including the alleged harasser, will become aware of the details of the complaint. The respondent will have an opportunity to reply to the complaint and the investigative team will determine which facts are agreed to and which are in dispute.
If a formal investigation is required, the investigative team will ensure that the following steps are taken as soon as possible:
• Take appropriate measures to ensure the safety of the complainant;
• Notify the complainant(s), the respondent(s) and witness(es) that they are entitled to assistance and counsel throughout this process;
• Ensure that the respondent(s) have a copy of a complaint;
• Interview the complainant(s) and/or third party reporting the complaint;
• Inform the respondent(s) of the allegations and provide an opportunity for response;
• Interview the respondent(s);
• Interview the witness(es)
• Come to conclusions about whether a specific incident did or did not occur based on the balance of probabilities;
• Provide a written summary of the findings and conclusions to the complainant and to the respondent and give them an opportunity to respond to same; and
• Take appropriate action(s) to resolve the situation.
Standard of Proof
The standard of proof to be applied in all investigations is the balance of probabilities.
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Disciplinary / Corrective Action
If it is determined that workplace harassment has occurred, TMS will take such action as is required under the circumstances, having regard to a variety of factors including, but not limited to:
• The seriousness of the complaint;
• The impact on the complainant;
• The persistence of the conduct complained of;
• The respondent’s disciplinary record;
• The degree of aggressiveness or any physical contact;
• The wishes of the complainant;
• The degree, if any, to which the respondent misled a person investigating the incident; and
• The degree of a respondent’s willingness to cooperate and to change his or her behaviour. Any violation of this policy is considered a serious breach of School policy. Therefore, pending an investigation, school staff is subject to appropriate disciplinary measures up to and including the termination of their employment.
TMS reserves the right to take action in the absence of a specific complaint, or where a complaint is initiated by a person other than the target of any harassing behaviours alleged in the complaint.
The complainant (if an employee) and the respondent (if an employee) will be provided with written confirmation of any corrective action taken under this policy.
Confidentiality
The existence of complaints, both informal and formal, and any details pertaining to such complaints will be kept in confidence, except where disclosure of information is required to investigate the complaint, where such information is necessary for the respondent to defend against such allegations, or where the School is required by law to do so, for example, as part of an investigation conducted by a law enforcement agency.
False and Unsubstantiated Complaints
No disciplinary action or reprisal can be made against a complainant who acts in good faith and exercises his or her rights under this Policy and under the law, even if the complaint turns out to be false, impossible to verify or if the behaviour complained does not amount to harassment or discrimination. However, a false accusation made by a person who knows it to be false represents a contravention of this policy and would be subject to disciplinary action up to and including termination of employment.
Further Information
For additional information on workplace harassment and this policy, please contact the Chief Administration Officer. The workplace harassment policy will be posted at a conspicuous place in the workplace.
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Company Name: Toronto Montessori School (TMS)
Policy Title: Workplace Violence Policy & Procedures
Policy Owner: Vince Haines, CAO
Workplace Violence Policy & Procedures
Policy Statement
Approver: Andrew Cross, Head of School
Version: 1
Last Review: September 30th 2021
Toronto Montessori School (“TMS” or “the School”) community includes teachers, coaches, administrators and other professionals, as well as students and parents/guardians from all walks of life. Everyone in this community is entitled to a safe and respectful school/workplace, free of violence or the fear of violence. All members of the TMS community are expected to follow safe work practices, to comply with legislative safety requirements and to take an active role in protecting the health and safety of others.
Purpose
In accordance with the Occupational Health and Safety Act, the following details the School’s policy on workplace violence, including the rights and obligations of each member of the school community. The objectives of the Policy are to:
• demonstrate and promote the commitment of TMS to protect the dignity and rights of its employees;
• alert and educate employees to the fact that violence is prohibited under the laws of Canada;
• confirm that TMS cannot condone behaviour that is likely to undermine the safety, security or productivity of any of its employees;
• demonstrate TMS’ commitment to protect employees from workplace violence;
• address violence from all possible sources (supervisors, employees, the public, domestic partners, students and parents); and
TMS Commitment
The School is committed to providing a workplace that promotes professionalism and ethical behaviour. It therefore requires all persons to exercise behaviour that facilitates the creation of a working environment that is conducive to the achievement of excellence and the development of one’s potential. Workplace violence constitutes unprofessional behaviour which undermines the maintenance of a professional workplace and will not be tolerated. TMS will take every precaution reasonable in the circumstances to protect workers. This includes protecting workers from the hazard of workplace violence. TMS encourages the reporting of all incidents of workplace violence, regardless of who the offender may be.
Application
All persons working for TMS or carrying out the School’s business are covered by the Policy. These include office staff, security staff and cleaning staff who are temporary, part-time, full-time and contract employees. This Policy also applies to members of the School’s Board of Trustees.
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Definitions
Workplace Violence:
a. The exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker.
b. An attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker.
c. A statement or behaviour that is reasonable for the worker to interpret as a threat to exercise physical force or cause injury to the worker.
The Workplace
The definition of the workplace is not limited to the campus of the School, but extends to school excursions and field trips, off-site meetings, receptions, employee functions and any other school-related events. Any incident of violence or threats of violence occurring outside of the workplace but having repercussions in the work environment and adversely affecting any relationship (co-worker, employee/employer, employee/student) may also be defined as workplace violence.
Existence of Workplace Violence
Examples of workplace violence include, but are not limited to:
• Actual and attempted acts of physical violence, including actions such as hitting, punching, slapping, or kicking or sexual assault;
• Threats of physical violence or intimidation;
• Other acts of physical aggression, such as the deliberate destruction of, or damage to, property, especially where such actions are meant to intimidate one or more individuals.
All forms of workplace violence, on the part of the employees, students, parents / guardians of students or visitors, are prohibited at the School. If employees witness any such act of workplace violence, or are aware of a situation that may result in workplace violence, they should report to the office as soon as possible.
Roles & Responsibilities
It is the policy of TMS to promote a productive work environment and not to tolerate any incidents of workplace violence or threats of violence. All staff are expected to:
• Treat everyone in the workplace with dignity and in a manner that is respectful and free of violence, threats, or intimidation.
• Make changes to their own behaviour where they become aware that there is a potential for such behaviour to harm, intimidate, or threaten.
• Refuse to condone violent behaviour from others, regardless of whether that behaviour is perpetrated by one’s supervisor or co-workers, or by students, parents/guardians, or a member of the public.
• Intervene and/or report instances of inappropriate behaviour on the part of others which could amount to workplace violence.
• Support others who are the targets of workplace violence.
• Cooperate fully with any and all workplace violence investigations.
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• Preserve evidence related to instances of alleged workplace violence, documenting dates, times and the names of any witnesses – especially those details that would help prove that any alleged incidents did or did not occur, or that such events did or did not constitute violence.
Responsibilities
Supervisor
• A supervisor will advise an employee of the existence of any potential or actual danger to health or safety of the employee of which the supervisor is aware, including personal information, related to a risk of workplace violence from a person with a history of violence behaviour if,
• the employee can be expected to encounter that person in the course of his or her work; and
• the risk of workplace violence is likely to expose the employee to physical injury.
• A supervisor will not disclose more personal information than is reasonably necessary to protect the employee from physical injury.
• A supervisor will advise an employee of the existence of any actual or potential danger to the health and safety of the employee of which the supervisor is aware.
• Asupervisor will take every precaution reasonable in the circumstances to protect employees.
Duties of Employees
Employees are also responsible for creating a safe environment in the workplace. Should an employee be aware of, or become aware of a problem that could result in violence or threats of violence within the workplace, he/she is responsible for reporting that problem to the office immediately. Regardless if an event is witnessed or if there is just a concern of a potential of violence, reports must be made as soon as possible, if not immediately. A report can either be written or verbal in nature.
Duties of Students
Students will comply with their responsibilities under relevant School policies and procedures.A student will advise the appropriate Academic Head of any incident of violence or risk of violence of which he or she is aware. A student may report unsafe conditions in the learning environment or the existence of any hazard the student is aware of to the appropriate Academic Head.
In the event of an incident of harassment, violence or bullying, a student will utilize the School’s Student School’s Code of Conduct
Workplace Violence Prevention Program
The School recognizes that there is always the potential for workplace violence to occur. The goal of the workplace violence program is to minimize that potential. To meet this goal, the School has developed a number of policies and procedures which are outlined below.
Workplace Violence Risk Assessment
TMS will conduct a workplace violence risk assessment and will reassess the risks of workplace violence as to ensure that this Policy and the supporting program are implemented, maintained, and continue to protect employees from workplace violence.
The assessment will be done by members of the School’s Occupational Health & Safety Committee in cooperation with the Head of School or Chief Administration Officer. The risk assessment is an annual review of the School’s safety policies that assess the risks of workplace violence that may
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arise from the nature of the workplace, the type of work or the conditions of work. When conducting a risk assessment, factors such as the circumstances of our particular workplace, as well as similar workplaces, in addition to any other factors prescribed by law, will be taken into account. Based on the results of the risk assessment, which will be shared in writing with the School’s Occupational Health & Safety Committee, the School will develop measures and procedures to control identified risks that are likely to expose an employee to workplace violence or threats of violence.
Annual Training for Staff
Each school year, all staff will be required to review this Policy. This review will take place in the professional development days immediately preceding the school year. Other safety procedures including fire drills, evacuations procedures and lockdown procedures will also be reviewed at this time. Throughout the school year, additional training may be scheduled as necessary. In addition, all teachers are provided with copies of this Policy in their teacher’s reference binder.
The School will provide employees with information and instruction that is appropriate for employees on the contents of this Policy, the School’s Workplace Violence Program, any other prescribed information or instruction
Workplace Violence Reporting and Procedures
Established Safety & Security Procedures
To protect the safety of staff and students, TMS has a number of safety and security procedures in place, including the following:
• Each classroom has direct PA communication with the office;
• All visitors must sign in and out at each campus and are required to wear a visitor tag;
• Opening and closing staff always work in pairs
• There are security cameras at all entrances and main hallways
• During early morning and late evening hours, classes are grouped near the main entrance, and side entrances are locked.
Measures and procedures that TMS may implement to protect staff from workplace violence include:
• Contacting the police;
• Encouraging employees to work and travel in groups;
• Rescheduling work hours to avoid working late nights or very early mornings;
• Training employees in conflict resolution and mediation strategies;
• Developing a safety plan of an individual employee;
• Separation of certain individuals in the workplace;
• Monitoring a person’s behaviour in the workplace; and/or
• Reporting the violent incident or risk of violence and undertaking an investigation.
Persons with History of Violence
The TMS community includes people from all walks of life. From time to time, TMS may discover that certain persons within this community have a history of violent behaviour.
TMS will evaluate the circumstances of a person’s history of violent behaviour. Factors to consider
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include:
• Was the history of violence associated with the workplace or work?
• Was the history of violence directed at a particular worker or workers in general?
• How long ago did the incident(s) of violence occur?
• What measures and procedures are in place in the existing workplace violence program?
Supervisory and managerial personnel of the School will ensure that the relevant employees have been provided with sufficient information, which may include personal information related to a risk of workplace violence, if:
a. the employee can be expected to encounter that person in the course of his or her work; and
b. the risk of workplace violence is likely to expose the employee to physical injury.
c. The supervisor will not disclose more personal information than is necessary to protect any employee from physical injury.
In addition, and depending upon the nature of the situation, additional steps may be taken by TMS with the goal of minimizing any risk of workplace violence to an employee. For example, if TMS discovers that a parent has a known history of violent behaviour, TMS may require that teachers do not meet alone with the parent, and that a second person must be present at all parent-teacher meetings.
Domestic Violence
Anyone can become a victim of domestic violence. It can consist of a pattern of ongoing abuse or one single isolated incident. When domestic violence occurs, there may be a possibility that it may carry over into the workplace. One of the goals of the School’s Workplace Violence Prevention Program is to minimize the risk of domestic violence entering the workplace.
If TMS becomes aware that domestic violence is likely to expose an employee to physical injury while at work, it is prepared to work with the employee to put in place reasonable precautions for the protection of the employee, while still respecting the employee’s right to privacy.
Examples of reasonable precautions may include shortening or changing the work hours of an employee affected by domestic violence, setting up a code word to be used on the PA system in case of an emergency, informing the employee’s co-workers to be aware of the problem, or other precautions as may be dictated by the situation. Employees who are victims of domestic violence themselves, or employees who become aware that a co-worker is a victim of domestic violence and fear that it may carry over into the workplace, are requested to speak to their Department Head, Head of School or Chief Administration Officer.
Reporting & Investigative Procedures
Employees who witness, are aware of, or have cause to be concerned about workplace violence should report their observations/concerns to the School as soon as possible. The School will treat any complaint of violence as a serious matter, and will respond in a timely manner. The following section details how the employees should report, and how the school will respond.
TMS is committed to maintaining the privacy and confidentiality of an individual concerned in an incident of workplace violence, wherever possible. However, employees should note that reports
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cannot be filed anonymously. Information may be disclosed in the course of an investigation where necessary for the purposes of the investigation, to ensure procedural fairness and/or for the protection of staff. Further, information may be disclosed where otherwise required by law.
In Case of Emergency:
Employees are expected to follow the steps below:
(1) Dial 911
(2) Call the office to report the nature of the emergency and ask for assistance
(3) Follow the School’s Emergency Procedures
If the situation is not an emergency, employees should report to the office as soon as reasonably possible given the circumstances. Reports can be either verbal or written, and should be directed to the Head of School. All incidences of workplace violence must be reported to the Head of School, Department Head or Chief Administration Officer, even if it is believed that the problem has been resolved.
Records
All correspondence and other documents generated under these procedures must be marked “PRIVATE AND CONFIDENTIAL” and be stored in a locked and secure file in the Human Resources Department.
Reprisals
This policy prohibits reprisals against individuals, acting in good faith, who report incidents of workplace violence, or who act as witnesses. Reprisal is defined as any act of retaliation, either direct or indirect. The School will take all reasonable and practical measures to prevent reprisals, threats of reprisals, or further violence.
Investigations
All complaints of workplace violence will be taken seriously by the TMS Senior Leadership Team. Where appropriate, complaints may be dealt with informally. If it is determined that a formal investigation is required, it will be conducted by the TMS Senior Leadership Team.
The purpose of an investigation is to gather information and interview the complainant and the respondent, as well as any witnesses. All relevant information will be gathered, including dates, times and details of any alleged incidents.
The investigative team will ensure that the following steps are taken as soon as possible:
• Take appropriate measures to ensure the safety of the complainant;
• Notify the complainant(s), the respondent(s) and witness(es) that they are entitled to assistance and counsel throughout this process;
• Ensure that he respondent(s) have a copy of a complaint;
• Interview the complainant(s) and/or third party reporting the complaint;
• Inform the respondent(s) of the allegations and provide an opportunity for response;
• Interview the respondent(s);
• Interview the witness(es);
• Come to conclusions about whether a specific incident did or did not occur based on the balance of probabilities;
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• Provide a written summary of the findings and conclusions to the complainant and to the respondent, and give them an opportunity to respond to same; and
• Take appropriate action(s) to resolve the situation.
Standard of Proof
The standard of proof to be applied is the balance of probabilities.
Disciplinary / Corrective Action
Once it is determined that workplace violence has occurred, TMS will take such action as is required under the circumstances, having regard to a variety of factors including, but not limited to:
• The seriousness of the complaint;
• The impact on the complainant;
• The persistence of the conduct complained of;
• The respondent’s disciplinary record;
• The degree of aggressiveness or any physical contact;
• The wishes of the complainant;
• The degree, if any, to which the respondent misled a person investigating the incident; and
• The degree of a respondent’s willingness to cooperate, and to change his or her behaviour.
Any violation of this Policy is considered a serious breach of School policy. Therefore, pending an investigation, school staff found to have violated this Policy are subject to appropriate disciplinary measures up to and including the termination of their employment.
TMS reserves the right to take action in the absence of a specific complaint, or where a complaint is initiated by a person other than the victim.
Confidentiality
The existence of complaints, both informal and formal, and any details pertaining to such complaints, will be kept in confidence, except where disclosure of information is required to investigate the complaint, where such information is necessary for the respondent to defend against such allegations, or where the School is required by law to do so, for example, as part of an investigation conducted by a law enforcement agency.
Reprisal and False/Unsubstantiated Complaints
No disciplinary action or reprisal will be made against a complainant who acts in good faith and exercises his or her rights under this Policy and under the law, even if the complaint turns out to be false, impossible to verify, or if the behaviour complained of does not amount to violence or a threat of violence. However, a false accusation made by a person who knows it to be false represents a contravention of this Policy, and would be subject to disciplinary action up to and including termination of employment.
Posting of the Policy
This Policy will be posted at a conspicuous place in the workplace. TMS will review the Policy with respect to workplace violence as often as necessary, but at least annually.
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