Canadian Safety Reporter

5 Canadian HR Reporter, a Thomson Reuters business 2017 News | October 2017 | CSR Teacher refuses work twice because of violent student Student's safety during his tirade trumps teacher's right to refuse work, but second refusal over potential danger the next school day allowed BY JEFFREY R. SMITH A TORONTO kindergarten teacher did not have the right to refuse work during a student's violent outburst in the class- room but did when she found the student returned to her class the next school day, the Ontario La- bour Relations Board has ruled. The teacher became employed with the Toronto Catholic Dis- trict School Board (TCDSB) in 2003. In the 2013-2014 school year, she became aware of a troublesome four-year-old stu- dent in the junior kindergarten classroom adjacent to her full- day junior and senior kinder- garten class. The student had problems with acting out and the teacher witnessed him fight- ing in the schoolyard, punching and kicking an administrative assistant, and being restrained by his teacher. In June 2014, the student poked another student in the eye with a stick. In July 2014, the teacher learned this student would be in her senior kindergarten class the following school year starting that September. The teacher told the principal she was concerned about him, and the principal advised that the student would have full-time support from an educational assistant (EA) while in class in addition to an early childhood educator (ECE) that all kindergarten classes had. The plan was for at least one of them would be in the class at all times. The school also developed an individualized education plan for the student. Such plans were established when students were identified as having issues that hindered their learning and classroom participation. Less than two weeks into the 2014-2015 school year, the teacher reported to the prin- cipal that she had already had several incidents with the stu- dent, including hitting other students and running out of the classroom and school. Things were also exacerbated by the fact the regular EA who the student knew and was comfortable with was on leave and had been re- placed by a substitute. Over the next month, the stu- dent picked up a stool and threw it at the teacher and also tried to bite and scratch her. The teacher couldn't identify anything that triggered the violent outbursts, so she couldn't predict when they would happen. The school developed a safety plan in which the classroom would be evacu- ated if the student became vio- lent, with the EA staying with the student and the teacher tak- ing the rest of the class. They also came up with strategies for when the student became anxious and agitated. As the school year progressed, the student's behaviour esca- lated. There was an incident in which the student kicked the teacher and scratched her eye, causing the teacher to go to the hospital, where she was warned she came close to having her vi- sion damaged. The student also pushed and kicked the teacher, the special education teacher, and other students several times. On a class field trip, the student fought the EA and took out a chunk of the EA's hair with his teeth. The teacher kept a com- puter log of the incidents that she intended to include in the TCDSB's safe schools program, though the TCDSB didn't re- spond to them. She also filled out health and safety reports and a made a workers' compensation claim for the scratch on her eye. Over time, the teacher grew con- cerned that the school's admin- istration and the TCDSB weren't taking her reports seriously. Teacher had enough of violent behaviour On Jan. 16, 2015, the student's regular EA wasn't present when class started, though the class ECE was there. The student hit another student and was brought to the principal. The principal asked the student if there was anything he wanted to say to the classmate he hit, and the student said nothing. How- ever, the principal brought the student back to class anyway, despite the teacher's misgivings. After the principal left, the student refused to participate in classroom activities and walked around, bumping into other students' chairs. The EA took the student to the library but brought him back shortly there- after. While the students were all sitting on the carpet, the student began to push back at the child sitting behind him. The teacher anticipated an outburst, so she asked the ECE to take the chil- dren out of the classroom. After she closed the class- room door, the teacher observed through the window that the student was hitting and kicking the EA. He also threw things at the window and was swearing, though the EA reported she didn't feel unsafe because the student was small and she was used to dealing with him. The vice-principal arrived and had to hold the door closed, as the student was trying to open the door to get out. The EA con- firmed she was still okay, but the teacher didn't feel it was safe to go into the classroom. The stu- dent began throwing toys at the door, but eventually the EA was able to calm him down. The teacher went to the prin- cipals' office and said she was exercising her right to refuse unsafe work as she had no way of knowing when the student would go off, though she had sensed it about to happen on the carpet. The superintendent was Credit: Shutterstock/Monkey Business Images No work refusal > pg. 8

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