Making Sense of the TRB and BC Teacher Regulation

Making Sense of the TRB and BC Teacher Regulation Wilma Clarke TRB Executive Director Shawn McMullin TRB Director of Professional Excellence & Outreach

Regulation of Occupations Provinces have the authority to regulate and establish standards for workers in different occupations. This is created through legislation. The Teachers Act received Royal Assent on November 14, 2011 and came into force on January 9, 2012.

Teachers Act The Teachers Act created a hybrid model of regulation for the teaching profession. The regulatory system is based on two foundational principles: the paramount nature of the public interest and transparency.

New Regulatory Model This hybrid regulation model, specifically tailored to the BC context, is characterized by shared responsibility among education partners, including government, certificate holders, employers and others.

Regulatory Model The model involves five separate and distinct entities that carry out the functions of regulation according to the provisions of the Teachers Act: 1. BC Teachers Council 2. Commissioner for Teacher Regulation 3. Disciplinary and Professional Conduct Board 4. Director of Certification 5. Teacher Regulation Branch

Regulatory Model

1. BC Teachers Council (BCTC) 16 council members including: 5 elected from among the certificate holders 3 appointed by the Minister from a list submitted by the BCTF on behalf of public school teachers 7 appointed by the Minister from lists submitted by other education partners on behalf of their members 1 appointed by the Minister to represent the Minister (non-voting)

BC Teachers Council Establishes standards for the education, competence and conduct of certificate holders Establishes standards for applicants qualifications and fitness Establishes types of teaching certificates Approves and evaluates teacher education programs for the purpose of certifying their graduates Carries out its duties in the public interest Separate from and independent of government

2. Commissioner Appointed by the Lieutenant Governor in Council, the Commissioner for Teacher Regulation is independent of government and oversees the discipline process. The Honourable Bruce Preston Retired BC Supreme Court judge Appointed for 5 years

Commissioner Receives reports and complaints regarding possible breaches of the Standards from: the public employers boards, independent school authorities attorney general s office other certificate holders more later other sources such as the media

Commissioner Determines what processes should be undertaken with respect to a report from an employer or a complaint from the public. Take no further action Undertake an informal resolution Order an investigation Initiate an alternate dispute resolution Issue a citation leading to a hearing

3. Disciplinary and Professional Conduct Board (DPCB) Provides the Commissioner with a pool of council members and lay persons who can serve on hearing panels. Currently there are 17 members (9+8). Three people sit on a hearing panel to determine whether or not a certificate holder has breached the Standards, and if so, what penalty should be imposed. Penalties include reprimands, suspensions or cancellations of certificates. Members must act independently of government and always in the public interest.

4. Director of Certification (DOC) Issues Certificates of Qualification for applicants who meet all of the necessary requirements, based on the standards set by the BC Teachers Council. Issues Independent School Teaching Certificates based on requirements set out by a separate board. Issues Letter of Permission on a temporary basis when a certified teacher cannot be found to fill a position. Maintains a Online Public Registry, Certificate Holders Area, and Employers Area on the TRB website.

5. Teacher Regulation Branch (TRB) A fifth entity, the TRB, is part of the Ministry of Education and provides administrative support for the BC Teachers Council, the Commissioner, the DPCB, and the Director of Certification. BUT the TRB is not a decision-making body. It only provides the necessary assistance to the decision-makers: the BC Teachers Council, the Commissioner, the DPCB and the Director of Certification

Teacher Regulation Branch Currently there are approximately 50 Ministry of Education staff working out of the Teacher Regulation Branch. The TRB is comprised of the following work groups: o Certification Unit o Professional Conduct Unit o Professional Excellence & Outreach Unit o Administration Team

Overview of the Regulatory Model BC Teachers Council (BCTC) Commissioner Disciplinary and Conduct Board Director of Certification Sets Standards Oversees discipline process of certificate holders Conducts hearings Issues certificates Independent of government though overseen by the Minister of Education Independent of government Independent of government Government employee Teacher Regulation Branch Supports the work of the four statutory entities above.

How Can the TRB help? We act as a resource of information for questions related to standards, certification requirements, qualifications, competence and conduct. We communicate with certificate holders and employers about important dates and requirements throughout the school year. We communicate with other education partners about the important work of teacher regulation and the expectations the public has for educators.

Recent Stats from the TRB Current valid Certificate Holders and Letter of Permission (LOP) Holders in BC Type Count Percentage COQ - Certificate of Qualification 68,750 97.4% ISC - Independent School Certificate 1,616 2.28% COQ and ISC 188 0.26% LOP - Letter of Permission 24 0.03% Total (as of September 30, 2014) 70,578 99.97% Gender of Certificate Holders in BC (as of September 30, 2014) Male Female Unknown Total Certificate 19,179 50,558 817 70,554 Holder Percentage 27.18% 71.66% 1.15% 99.99%

Recent Stats from the TRB Certificates Issued in 2014 (January 1, 2014-September 30, 2014) Type Count Percentage COQ - Professional 1932 73.57% COQ - Interim Conditional 148 5.63% COQ - Basic 398 15.15% COQ - DSTC - Development Standard Term 4 0.15% Certificate COQ - FNLC - First Nations Language Certificate 5 0.19% ISC - SYR - System Restricted 9 0.34% ISC - SR - Subject Restricted 26 0.99% ISC - SSR - School and Subject Restricted 29 1.10% ISC - ISR - Interim Subject Restricted 56 2.13% ISC - ISSR - Interim School and Subject Restricted 19 0.72% Total 2626 99.96%

Recent Stats from the TRB New Conduct Reports & Complaints (July 1 September 30) Type Count Percentage Complaint 23 33.33% Report 39 56.52% Commissioner Initiated 7 10.14% Total 69 99.99% Origin/Source of the Reports or Complaints (July 1 Sept 30) Type Count Percentage BoE Board of Education 34 49.27% ISA Independent School Authority 5 7.24% Public, Parents, Teachers 23 33.33% Other (MoJ, media, self-report) 7 10.14% Total 69 99.98%

Recent Stats from the TRB Conduct Cases Resolved by Stage (July 1 September 30) Outcome Count Percentage NFA - No Further Action 66 76.74% CRA - Consent Resolution Agreement 18 20.93% Hearing 2 2.32% Total 86 99.99% Discipline Outcomes of these cases (July 1 September 30) Outcome Count Percentage No Further Action 66 76.74% Cancellation 2 2.32% Reprimand 9 10.46% Suspension 5 5.81% Issuance Ban 4 4.65% Total 86 99.98%

Key Areas of the TRB Website The TRB website can be a very useful tool for Certificate Holders, Employers and the general public. The site is located at: http://www.bcteacherregulation.ca Important area of note on the TRB website include the following: o o o o The Online Public Registry The Certificate Holders Area The Employers Area The Discipline Decision Area

What is the Duty to Report?

Public Interest The duty to report is framed by the concept of public interest. The public interest, as it relates to teaching and students, has three main elements. 1. Students must be protected from certificate holders who may inflict physical, emotional or sexual harm on them (intentionally or otherwise).

Public Interest 2. Certificate holders cannot conduct themselves on or off duty in a way that harms or reduces public confidence in the teaching profession or the school system. 3. Students must be served by competent educators who place the achievement and welfare of their students first.

Public School Districts: Superintendents Must Report to the Commissioner A suspension or dismissal (strong forms of discipline). All discipline for misconduct that involves: Physical harm to a student or minor Sexual abuse or sexual exploitation of a student or minor, or Significant emotional harm to a student or minor. S.16 of the School Act

Public School Districts: Superintendents May Report Other breaches of the Standards must be reported if the superintendent believes it is in the public interest to do so. Conduct/competence considered to be in breach of the teaching certification standards, if it is in the public interest. A resignation, if it is in the public interest. S.16 of the School Act.

Reporting Conduct Most reporting decisions are black and white: alleged conduct that involves the emotional, physical or sexual harm, abuse or exploitation of a student by a certificate holder. These cases must be reported. Some fall into a grey area and require a judgment call Scenarios for discussion: Based on real fact patterns Demonstrate some examples of situations that are grey

The case of the Facebook friend You learn that a teacher in your district has allowed students to be her Facebook friends and has included her grade 8 10 students in discussions/postings that are more appropriate for contemporaries parties she has attended, who was wasted, who hooked up with whom, etc. Talk together and consider: What would you do with this information? What should the Superintendent consider when deciding whether to report or not? What consequences would you suggest for the teacher?

The case of the keying teacher A teacher has been seen keying a car in the school parking lot. The car belongs to another teacher with whom the teacher has been having a heated argument. Talk together and consider: Vandalism aside, is this an employment issue, a regulatory issue, or both? What should the Superintendent consider when deciding whether to report or not? What consequences would you suggest for the teacher?

The case of the laptop surprise A grade 3 teacher downloads an adult video on his own laptop at home. When he opens up his computer the next morning at school, the video resumes play and the sound track from the movie is audible to his students. No one sees the screen. He shuts down the video quickly. He immediately reports the incident to his principal. Talk together and consider: What are the possible implications of what has occurred? What considerations should guide the Superintendent when determining whether to report the incident to the Commissioner? What consequences would you suggest for the teacher?

The case of the sophomoric video A teacher is present in his friend s apartment when the friend is making a sophomoric cooking video. The friend is the star of the show. The teacher is offstage for most of the video. The teacher, in his brief time that he is on camera, makes some derogatory comments about women in keeping with the overall tone of the show. The show is later put on the Internet. Talk together and consider: Does this incident need to be reported to the Commissioner? Does this conduct harm the profession? What consequences would you suggest for the teacher?

The case of the homosexual video A grade 5 teacher, who is openly homosexual and publically active in the homosexual community shows a video to his grade 5 class about the trials and tribulations of a young homosexual man struggling to find his identity. The video is one directed at an adult audience. Talk together and consider: Does this conduct merit a report to the Commissioner? What consequences would you suggest for the teacher?

The case of the mall meeting On a Saturday, a teacher in your SD is seen by another faculty member at an out of town mall food court talking with a female student from the school. He is then seen exiting the mall with the grade 11 student while holding hands. On Monday, the faculty member reports to the school principal what they had observed on the weekend. Talk together and consider: What are the possible implications of what has been witnessed? Does this incident need to be reported to the Commissioner? What consequences would you suggest for the teacher?

Certificate Holder s Duty to Report Certificate Holders Must Report A certificate holder must promptly provide to the Commissioner a written and signed report if they have reason to believe that another certificate holder has engaged in conduct that involves any of the following: physical harm to a student; sexual abuse or sexual exploitation of a student; significant emotional harm to a student S.38 of the Teachers Act

Multiple Jeopardy Professional consequences on behalf of the public and the profession Employment consequences on behalf of local students Educator Conduct Criminal charges on behalf of society Civil charges on behalf of the victim

Conduct Unbecoming a Professional: Standard 2 Schewan and Schewan v Abbotsford School District The reason why off-the-job conduct may amount to misconduct is that a teacher holds a position of trust, confidence, and responsibility. If he or she acts in an improper way, on or off the job, there may be a loss of public confidence in the teacher and in the public school system, a loss of respect by students for the teacher involved, and other teachers generally, and there may be controversy within the school and within the community which disrupts the proper carrying on of the educational system The question in this case is not whether the photograph is obscene, but whether the publication of such a photograph of a teacher in such a magazine will have an adverse effect upon the educational system to which the teacher owes a duty to act responsibly

Dilemmas in Defining Our Professional Boundaries An Educator Must: Act in loco parentis but is not the parent. Establish rapport with students but cannot be their friend. Care for students but cannot be their lovers. Care for students but not act as a therapist or social worker they should know their role and work within their area of expertise only and access professional help as needed.

Being a Professional An individual described as a professional has been ascribed these characteristics: those who are willing to accept the honour, status and other benefits of the designation [of professional] in exchange for which they agree to place the welfare of those whom they serve foremost and to avoid any conflicting biases of confounding relationships. [Emphasis added.] Michael Doherty, Privacy and Access to Information Issues: Self-Governing Professions, BC Public Interest Advocacy Centre.

Being a Professional Educators must act in ways that consider the best interest of their students and not their own needs or interests. Educators must act to uphold the integrity of the profession as a whole and the public interest. Understanding this makes the job easier and much more joyful.

Questions