Duty to Report

Gender based violence is a reality in Ontario. It is present in every city and community across the province and impacts the lives of friends, family members and colleagues¹. Educators play a key role in gender based violence prevention by providing students with learning experiences grounded in their understanding of behaviours that constitute gender based violence, their ability to identify situations involving sexual violence in their school communities, and learning to respond safely and compassionately.

Sexual assault is not just an intellectual exercise for most students. It is their lived reality or the reality of their friends, family members and loved ones. When talking with students about topics that may be closely tied to their personal lives, it is important to make it clear that there are limitations to teacher–student confidentiality.

Managing Disclosures

• Disclosure is a process more than a one-time occurrence, often with hints to test the reaction of the person they are telling.²
•  If a student’s comments raise questions or concerns, educators should talk with that student individually at an appropriate time. Understanding the context of the information shared is a crucial step in determining what action the educator needs to take.
• If a student discloses that they are at risk of harm this information cannot remain confidential between only the student and educator– the educator has a duty to report this information without delay to the Children’s Aid Society.
• Educators should seek support from their administrator to fulfil their duty to report.

Requirements for reporting

“The Child, Youth and Family Services Act contains provisions under Part V, Child Protection, for reporting a child who is or may be in need of protection. If any person – “including a person who performs professional or official duties with respect to children” – has reasonable grounds to suspect that a child is or may be in need of protection, the act requires that the person report their suspicions “immediately” to a children's aid society and provide the information on which the suspicions are based. Therefore, teachers, principals, and other professionals who, in the course of performing their professional or official duties, suspect that a child is or may be in need of protection must report this information without delay to a children's aid society.” ³ (Government of Ontario: Policy/Program Memorandum 9, 2019. p.1. retrieved from: https://www.ontario.ca/document/education-ontario-policy-and-program-direction/policyprogram-memorandum-9)

Reasonable grounds may include but are not limited to physical harm, or risk of physical harm, sexual abuse, sexual exploitation, or risk of sexual abuse, sexual exploitation, emotional harm or risk of emotional harm, if treatment or access to the treatment is not provided to cure, prevent or alleviate physical or emotional harm. Educators should consult PPM 9: Duty to Report Children in Need of Protection for additional details that constitute reasonable grounds to suspect that a child is or may be in need of protection.

“Note that school boards may establish additional policies on internal reporting procedures, but the school board's policies must not conflict with the reporting requirements of the act.⁴ Educators should consult their school board’s policies and seek support from their administrator to fulfill their duty to report.