“ONE OF THE FIRST THINGS THE EDUCATOR NEEDS TO DO IN THIS SITUATION IS SUMMON IMMEDIATE ASSISTANCE. MEMBERS OF THE SCHOOL’S RESPONSE TEAM MAY NEED TO INTERVENE. THIS TEAM IS MADE UP OF SCHOOL STAFF TRAINED TO DEAL WITH ESCALATIONS WHO CAN SUPPORT OTHER STAFF.”


“Right to Refuse” unsafe work, also a subject of confusion and debate. How does the educator in this scenario


proceed post-violent incident? How does she make sure she is meeting her responsibili- ties and that others are fulfilling theirs? How does she ensure her rights have been respect- ed? And ultimately, how does she ensure a greater degree of safety is achieved for herself and her students?


How Should This Educator Proceed?


One of the first things the educator needs to do in this situation is summon immediate assistance. Members of the school’s response team may need to intervene. This team is made up of school staff trained to deal with escala- tions who can support other staff. It could be comprised of educational assistants, child and youth workers, educators and administrators. If there is a history of violent behavior by the student there should be a plan in place for re- sponding to the student and the situation. If required, the educator should get imme-


diate first aid or medical attention. If medical attention is required on the day of the inci- dent, it is the responsibility of the principal to arrange for transportation to a medical facility during the working day. When seeking medi- cal attention, it is important not only to deal with any physical injuries but also to inform the medical practitioner of any psychological and emotional harm resulting from this inci- dent. This enables the medical practitioner to determine if there is a need for further treat- ment and to document this as an incident causing psychological and emotional harm. The educator will need to complete a WSIB Form 6 because medical attention was sought. Depending on the circumstances of this


violent incident and the reporting proce- dures in this educator’s board, other report- ing requirements may have to be considered. Regardless of whether the educator’s


injury required first aid or medical atten- tion she is required to submit her board’s accident/injury/illness/incident reporting form. Even if an injury or illness is not im- mediately apparent, it is best to report the incident because an injury or illness may become evident later. Not reporting could put a possible WSIB claim in jeopardy. In our scenario, the educator was threat-


ened, physically shoved and knocked to the ground. Because physical force was applied and there was a threat against her, this is a violent incident as defined in the Occupational Health and Safety Act and must be reported as a violent incident on a reporting form.


28 ETFO VOICE | FALL 2017


Because students are involved and it is a


serious incident, a Safe Schools Incident Re- porting Form – Part 1 must be completed under the requirements of the Education Act. There are two incidents involved here: one is the attack on the educator and the other is the altercation among students. If immediate action is required for this in-


cident, the educator can make a verbal report to the principal. She must consider the safety of others and the urgency of the situation in the timing of reporting the incident. In any case, she must report it to the principal as soon as reasonably possible, but no later than the end of the day. All reports, including those made to the principal verbally, must be con- firmed in writing using the Safe Schools Inci- dent Reporting Form – Part 1 and submitted to the principal in a timely manner. It is important to know that all these


reports are submitted to the principal re- gardless of the age or needs of the student or any other mitigating factors. The prin- cipal’s responsibility is to investigate and deal with each of the reports. An important part of dealing with the reports is taking steps to prevent a recurrence of the violent incident and implementing measures to prevent injuries. The Provincial Model for a Local Police/


School Board Protocol stipulates that a vio- lent incident that is a “physical assault causing bodily harm requiring treatment by a medical practitioner” must be reported to police. Who can you go to for assistance to con-


firm you are complying with your legal re- porting responsibilities? A primary support in your school is the steward or, if there is no steward at your school, your ETFO local of- fice or the ETFO provincial office. Your stew- ard has information from the local and from provincial they can share with you; if they cannot answer your questions they can liaise with the ETFO local to ask questions on your behalf. The local can also liaise with provin- cial office on your behalf. They can assist and support you with concerns you may have about your principal’s or the school board’s compliance with their responsibilities related to violent incidents. Questions will need to be asked about


the student who shoved and knocked over the educator. Is there a history of violence? Is there a safety plan for this student? If there is a plan, was it shared with this edu- cator? If there is not a plan, one needs to be developed and shared immediately with all staff who can be expected to encounter this student.


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