Procedure 2.1.10 POLICE AND SCHOOL PROTOCOL

Anishinabek Police Service

Greater Sudbury Police Service

Nishnawbe-Aski Police Service

North Bay Police Service

His Majesty the King in right of Ontario as represented by the Solicitor General, operating as the Ontario

Provincial Police, Northeast Region

Sault Ste Marie Police Service

Timmins Police Service

United Chiefs and Council of Manitoulin Anishnaabe

Wikwemikong Tribal Police Service

 

Algoma District School Board

Conseil scolaire catholique du district des Grandes Rivières

Conseil scolaire catholique Franco-Nord

Conseil scolaire du district catholique du Nouvel Ontario

Conseil scolaire public du Grand Nord de l’Ontario

Conseil scolaire public du Nord-Est de l’Ontario

District School Board Ontario North East

Huron-Superior Catholic District School Board

Near North District School Board

Northeastern Catholic District School Board

Nipissing-Parry Sound Catholic School Board

Rainbow District School Board

Sudbury Catholic District School Board

Moosonee District School Area Board

Moose Factory Island District School Area Board

James Bay Lowlands Secondary School Board

Nipissing First Nation Administration

It is the policy direction of the Ministry of Education and the Ministry of the Solicitor General that school boards and police services establish and follow a protocol for the investigation of school-related occurrences.

 

This document has been prepared to:

 

 

This document outlines the common principles, the varied resources, and certain obligations and procedures that are required by provincial and federal legislation (e.g., the Education Act, the Child, Youth, and Family Services Act, the Criminal Code of Canada, the Youth Criminal Justice Act, the Canadian Charter of Rights and Freedoms, and the Ontario Human Rights Code, etc.) and by case law.

 

It is important for schools and police to respect the human rights of students under the Ontario Human Rights Code (the Code) in the context of this document. For more information, see www.ohrc.on.ca.

 

 

Schools must provide safe, inclusive, and equitable environments for learning and teaching, fostering the ongoing development of respect, responsibility, civility, and other positive behaviors and characteristics.

 

At the root of effective school-police partnerships is a common understanding of each partner’s roles and responsibilities, as well as agreed-upon procedures and clearly delineated decision-making authority. Providing the best possible education for students in a safe school community is a shared responsibility which requires a commitment to collaboration, cooperation, and effective communication.

 

Making our schools safer requires a comprehensive strategy that includes:

 

 

The Ministry of the Solicitor General’s guideline on youth crime indicates that every police service’s procedure on the investigation of offences committed by young persons should include the steps to be taken by officers in accordance with the local Safe Schools Protocol when responding to school-related occurrences. The guideline also states that every Chief of Police, and the Commissioner of the Ontario Provincial Police (OPP), should work, where possible, with local school boards to develop programs for safe schools. Every Chief of Police and the OPP Commissioner should consider the need for a multi-agency strategy to prevent or counter the activities of youth gangs in the community, including working with school boards, municipalities, youth and other community organizations, business, and the Crown, where possible.

 

In the development of this protocol, the school boards and police services have considered all relevant legislation and government policies, including, but not limited to:

 

 

Enclosed within this document is a concise glossary aimed at clarifying essential terminology for individuals overseeing local protocols. For a comprehensive compilation of Definitions and Explanations of Terms, refer to Appendix A.

Staff and students, under the leadership of the principal, will design activities to promote a positive environment and pride in the school, including the development of strategies to improve individual self- esteem and encourage of student participation in co-curricular activities. School staff and student representatives will encourage participation in activities that will promote an image of their school as having a safe environment.

 

The principal, in co-operation with students, staff, parents, guardians and the school council, will develop a School Code of Conduct. This Code will be distributed annually to students and parents and guardians in September.

 

Schools will promote learning environments that are safe, orderly, nurturing, positive, and respectful. Such learning environments are to be peaceful and welcoming for all authorized individuals. Principals will encourage staff to be highly visible in the school and to engage in positive interactions with students, parents and guardians, and the school community.

 

Police will continue to pursue proactive crime prevention through the community and school programs. Police and school boards, in a coordinated and multifaceted approach, will promote positive behaviour and prevent school violence. Local police services, with the school community, will identify additional supports the police are prepared to offer with respect to implementing violence-prevention policies in schools.

 

School boards and principals are encouraged to cultivate robust partnerships with law enforcement agencies, leveraging their support for the effective implementation of violence-prevention policies within the school community. This collaboration is particularly valuable when addressing risk factors linked to anti-social behavior, gang-related activities, hate or bias related occurrences, or criminal conduct.

 

Through close cooperation, police can provide valuable guidance and consultation to school personnel, aid in the identification of appropriate responses to violent behavior, and clarify the procedures involved in police investigations.

 

Police will work in partnership with schools and other community agencies to administer crime- prevention programs that focus on areas such as peer mediation, conflict resolution, referral to appropriate community resources (e.g., those providing counselling or mentoring services, drug awareness and education programs, or support for seeking employment or housing), and Crime Stoppers.

 

From a crime-prevention perspective, police play a crucial role in the school community, offering ample opportunities for implementing various strategies, including but not limited to the strategy of Crime Prevention through Social Development (CPSD). This approach aims to prevent and reduce crime by identifying and addressing associated risk factors. By employing proactive measures focused on the precursors of criminal and antisocial behavior, CPSD acknowledges the interplay of various social, economic, health, and environmental factors contributing to criminality. It emphasizes sustained, multi- agency actions targeting risk factors (e.g., mental health issues, certain behavioral problems, involvement in the criminal justice system, and victimization/abuse, etc.) that may steer young individuals toward criminal activity. Moreover, CPSD aims to cultivate protective factors (e.g., strong adult role models, enhanced self-esteem, and effective coping strategies, etc.) to mitigate these.

 

Strategies that schools can use to help prevent violence include:

 

 

Strategies that police can use to help prevent violence in schools include:

 

 

This protocol is one component of a broader partnership between schools and other essential community partners, including mental health providers, health care professionals, and Children’s Aid Societies, that is dedicated to violence prevention in Ontario schools.

The following is a quotation from the National Association of School Resource Officers:

 

 

Police involvement goes far beyond simply responding to incidents. Certain police services may:

 

 

All police services involved offer valuable programs, lectures, displays, seminars, and safety tips to the school community.

 

 

Where a school decides to implement a restorative justice process to address incidents that do not require involvement of police, the school shall ensure that all parties are aware of the intervention process that will be used to resolve the matter for all intents and purposes.

 

In each instance where an intervention is being implemented, the school will notify their respective police service to protect the integrity of both the intervention strategy and a potential criminal investigation.

 

Note that mandatory police reporting does not imply that charges will be laid in every situation. However, for the incidents listed below, police notification is mandatory. These incidents encompass occurrences within school premises, during school-related activities both on and off-campus, or in other circumstances where the incident adversely affects the school climate.

 

The school must contact 911 immediately for the following types of incidents:

 

Police must be notified as soon as practicable of the following types of incidents:

 

 

The principal, vice-principal, or designate may notify police of the following types of incidents:

 

The principal, vice-principal, or designate should consider mitigating and other factors when deciding whether to call police in these discretionary situations. For students with special education needs, school boards should identify circumstances where a police response is neither necessary nor appropriate.

 

All school-related incidents not covered by this protocol will be addressed by the principal, vice-principal, or their designate on a case-by-case basis. The decision to notify the police or the Children’s Aid Society will be made by the principal, vice-principal, or designate, in accordance with section 125 of the Child, Youth and Family Services Act.

Various statutes govern information sharing and disclosure, including federal legislation such as the Criminal Code of Canada and the Youth Criminal Justice Act, as well as provincial legislation like the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Freedom of Information and Protection of Privacy Act (FIPPA), the Education Act, the Child, Youth and Family Services Act, and the Community Safety and Policing Act (CSPA).

 

This section outlines the obligations, rights, and procedures that police and school boards must follow to comply with these laws regarding information sharing and disclosure.

 

Police may access a student’s Ontario Student Record (OSR) and other student records through a warrant, subpoena, production order or with written consent from a parent or from the student if they are 18 years of age or older. In exigent circumstances, police can access a student’s OSR without a warrant, as outlined in section 487.11 of the Criminal Code of Canada.

 

The YCJA includes provisions that deal with the disclosure, security, storage, and destruction of information pertaining to young offenders. Such information will be shared in a manner that ensures that there is a balance between the need to know and the rights of the young offender.

 

The YCJA safeguards the privacy and identity of young persons. Its provisions restrict all individuals, including police, youth courts, and school board officials, from publishing or disclosing any reports related to offenses committed or alleged to have been committed by a young person. This includes reports of hearings, adjudications, dispositions, or appeals where the names of the young person, the victim, or any witnesses are likely to be revealed. The term "report" encompasses a wide range of

information or publications that could potentially disclose the identity of a young person.

 

This provision does not preclude disclosures mandated by a court order, nor does it prevent principals, vice-principals, or their designates from suspending or excluding students for reasons outlined in the Education Act. Furthermore, it does not prohibit school boards from hearing appeals from parents, guardians, or adult students, nor does it hinder school boards from exercising their authority to expel a student. In all such instances, evidence related to the events may be presented, even if there is an

ongoing proceeding under the YCJA.

 

In prosecutions of students under the YCJA and the Criminal Code of Canada, courts often impose obligations on the accused students that also impact schools. For instance, a bail or probation order might mandate the student's attendance or forbid their return to school or specify that the student must maintain a certain distance from the alleged victim(s). Simultaneously, while the court proceedings unfold, the school may be considering suspending or expelling the student in accordance with the

authority granted by the Education Act.

 

To avoid any conflict between the judicial proceedings and the school board’s actions in dealing with an incident, police officers involved in the case should consult with the principal, vice-principal, or designate before recommending bail or probation conditions.

 

The principal, vice-principal, or designate is encouraged to initiate discussions with police regarding such conditions. Police officers will also strive to inform the school and assist in accommodating the bail or probation order, while continuing to fulfill their duties under the Education Act. Furthermore, subject to an appeal to the school board, the principal, vice-principal, or designate may refuse admission to the school or classroom to anyone whose presence, in their judgment, would be detrimental to the physical or mental well-being of the students and/or staff.

 

The YCJA establishes procedural requirements for handling young persons charged with offenses. (Refer to Part 6, sections 110 to 129, of the YCJA, titled "Publication, Records, and Information.")

 

There may be occasions when it is necessary for police to share confidential information with school officials. Section 119 of the YCJA provides the circumstances under which confidential information may be shared.

The following subsections of Part 6 are of particular relevance for police/school board protocols:

 

111(1)	No person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person.
118	Except as authorized or required by this Act, no person shall be given access to a record kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person to whom it relates as a young person dealt with under this Act.
125(1)	A peace officer may disclose to any person any information in a record kept under section 114 (court records) or 115 (police records) that it is necessary to disclose in the conduct of the investigation of an offence.
125(6)	125(6) The provincial director, a youth worker, the Attorney General, a peace officer or any other person engaged in the provision of services to young persons may disclose to any professional or other person engaged in the supervision or care of a young person —including a representative of any school board or school or any other educational or training institution — any information contained in a record kept under sections 114 to 116 if the disclosure is necessary to ensure compliance by the young person with an authorization under section 91 or an order of the youth justice court; to ensure the safety of staff, students, or other persons; or to facilitate the rehabilitation of the young person

 

 

This legislation regulates the collection and disclosure of personal information that is not related to the YCJA. As part of the local protocol, police services and school boards should develop a policy for the disclosure of personal information in situations under subsection 32(g) of the MFIPPA (i.e., “to aid an investigation undertaken with a view to a law enforcement proceeding …”).

 

 

The CYFSA mandates that anyone with reasonable grounds to suspect any of the conditions listed in section 125 of the CYFSA must report their suspicions to the Children’s Aid Society. This duty applies to both professionals and the general public and cannot be delegated to another person. Reporting is an ongoing obligation, and information sharing should prioritize the protection of vulnerable children.

 

 

Under the Education Act and in accordance with the regulations and the guidelines issued by the Ministry of Education, a principal is responsible for collecting information for inclusion in a student’s record. The Ontario Student Record (OSR) contains information such as transcripts, report cards, and photographs.

 

The OSR will also include, where applicable, a Violent Incident Form containing:

 

Copies of Violent Incident Forms shall not be kept in the school outside the OSR; however, the notes made by a school official in the process of preparing the Violent Incident Form may be shared with police.

 

Under the statute, information contained within the OSR is privileged, intended solely for the information and use of supervisory officers, principals, and teachers at a school. This information serves the purpose of enhancing student instruction and academic development.

 

Disclosure of its contents to police may be made in the following circumstances:

 

 

In criminal matters, if a school principal is served with a warrant or a production order requesting an OSR or other records, the principal is obliged to comply with the warrant or production order and will provide a copy of the OSR contents and other records as specified. The principal may contact the Superintendent for legal advice before releasing information. This should be done immediately upon receiving the warrant or production order.

 

If a principal is personally served with a subpoena requiring his or her testimony in a criminal case, he or she is obliged to comply with the subpoena, attend court, and produce any records or documents, including the original OSR to court, as specified in the subpoena. If a record or document is ordered by the court to be entered into evidence, the principal should bring the original records or documents, plus three copies, so the school board can request to retain the originals and provide copies to the court.

 

 

If police are conducting an investigation for the purpose of law enforcement proceedings, the school principal shall, upon the request of police and pursuant to section 32(g) of MFIPPA and section 42(g) of FIPPA, release general information to police officer if:

 

 

For example, the principal could share the name, address and phone number of the student or staff member or the name, address and phone numbers of the parent or guardian of the student.

 

In exigent circumstances, police can access a student’s OSR without a warrant, under section 487.11 of the Criminal Code.

The school will follow procedures in accordance with information outlined in this section for the reporting of incidents that involve both students as victims and students as alleged offenders.

 

School officials are responsible for promptly reporting to the police all incidents outlined in the Occurrences Requiring Notification of Police section of this protocol.

 

In situations where there is no imminent threat to the safety of people in the school, school staff will consult with the principal, vice-principal, or designate as appropriate, and a decision will be made as to who contacts police.

 

In situations where there is an imminent threat to the safety of people in the school, the individual staff member who recognizes the threat will contact police immediately by calling 911 and inform the principal, vice-principal, or designate as soon as possible.

 

If a staff member has reasonable grounds to suspect any of the conditions listed in section 125 of the Child, Youth and Family Services Act (CYFSA), they must comply with the CYFSA provisions and follow any applicable school board guidelines, including child abuse protocols with the Children’s Aid Society that outline the duty to report.

 

In emergency circumstances, reporting to police shall be done through 911.

 

In non-emergency situations that require police involvement, school staff should report the matter to the school principal, vice-principal, or designate, who will initiate police contact.

 

When contacting police regarding an incident, the caller should be ready to provide the following information. Further details might also be necessary:

 

Refer to Appendix B regarding school lockdown procedures.

Reporting procedures must comply with the Duty to Report provisions under the CYFSA.

 

The responding police officer is responsible for gathering and thoroughly documenting information regarding a school-related incident. The officer typically follows these steps:

 

 

From time to time, it may become necessary and/or unavoidable to interview or apprehend a staff member on school property. If this occurs it is the intent of the school board to proceed as sensitively and unobtrusively as possible while co-operating with the police. Police may not always be able to discuss or disclose circumstances involving the investigation, including apprehension. Where feasible, police should attempt to contact a supervisory officer or senior executive of the school board of the staff member being apprehended.

While it is important that the principal, vice-principal, or designate not do anything to prejudice the police investigation, it is also important that police recognize and respect his or her obligations under the Education Act. Under the Act, a school board’s decision regarding expulsion of a student must be made within twenty school days from the date when the student was suspended.

 

Police investigations should be undertaken in accordance with the local police service’s Criminal Investigation Management Plan and, where required, with the Ontario Major Case Management Manual.

 

The principal, vice-principal, or designate will inform police of any logistical information about the school (e.g., the hours of the school day and class rotation schedules) that may be relevant to the investigation process.

 

Police services will endeavor to work within these logistical considerations to minimize the disruption to the school.

 

 

In the investigation of school-related incidents where a young person is a suspect, particular attention should be given by the principal, vice-principal, or designate and police to procedures that are consistent with the Youth Criminal Justice Act.

 

 

Students under 12 years of age shall have a parent or legal guardian, or designated adult acting in loco parentis if the parent or guardian is not available, present during the interview with police, unless it is determined that this may hinder the investigation or jeopardize the student's safety.

 

Upon notifying police of an incident, school staff shall separate the involved students and refrain from taking written statements. If school staff are taking a statement while conducting an internal investigation and determine that a criminal offence has been committed, they shall discontinue the statement and notify police immediately.

 

The principal, vice-principal, or designate shall:

 

Police shall:

 

 

Adult students and school board employees have the right of confidentiality. As such, the following applies:

 

The principal, vice-principal, or designate shall:

 

 

Police shall:

 

When the principal is the subject of an investigation, the police officer will contact the appropriate supervisory officer of the school board to determine an appropriate procedure given the context of the investigation.

 

 

The principal must inform students at the start of the school year that desks and lockers belong to the school, and students have no privacy expectations regarding them. Consequently, the principal, vice- principal, or designate can search such property as necessary under the authority of the Education Act to uphold order and discipline, not as police agents. Another person must accompany them during any search.

 

Teachers and principals are placed in a position of trust that carries with it not only the onerous responsibilities to teach the students, but also to ensure their safety and well-being. The Supreme Court of Canada has ruled that searches of students by elementary or secondary school officials who are entrusted with the care and education of children are not an unreasonable violation of a student’s rights under the Canadian Charter of Rights and Freedom (section 8) to be secure from unreasonable search

and seizure so long as certain procedures are followed as outlined below. The manner in which students are treated in these situations will determine their respect for the rights of others in the future. According to the courts, searches should be gender appropriate and minimally intrusive.

 

 

Courts have ruled that a warrant is not necessary for a principal, vice-principal, or designate to conduct a student search. They've acknowledged that these school officials are best equipped to evaluate and apply information within the context of the school environment.

 

Reasonable grounds may include:

 

The compelling nature of the information and the credibility of these or other sources must be assessed by the principal, vice-principal, or designate in context of the circumstances existing at a particular school. Random or arbitrary searches or searches on groundless suspicion will likely be in contravention

of the charter.

 

The following are unlikely to provide a sufficient basis for reasonable grounds to believe that school rules have been breached:

 

A principal, vice-principal, or designate is responsible for conducting investigations to determine the circumstances surrounding an infraction, ensuring the maintenance of order and discipline within the school. It is incumbent upon the principal to inform students at the onset of the school year that desks and lockers are considered school property and subject to search by school administration.

 

In carrying out their duties, the principal, vice-principal, or designate, upon reasonable grounds, may conduct searches of students' clothing, possessions, or any areas where their belongings may be stored, such as desks, lockers, or backpacks. However, it is advisable to have the student present during the search of lockers or desks to prevent allegations of tampering. All searches conducted by a principal, vice-principal, or designate must be witnessed, and, if necessary, force should be employed lawfully and judiciously to ensure the safety and effectiveness of the search.

 

 

Searches conducted by the police must be conducted in accordance with lawful authority. Ideally, police should notify the principal, vice-principal, or designate before conducting searches on school premises. However, under exigent circumstances, police may be required to execute a search warrant or production order without prior notice to school officials.

 

Where investigations result in detention and/or arrest, police and the principal, vice-principal, or designate should pay particular attention to the following procedures and responsibilities:

• police procedures to be followed in the detention and/or arrest of suspects, in accordance with the Community Safety and Policing Act (CSPA);
• roles and responsibilities of police in the event of a suspect being arrested or detained on school property;
• legal grounds for police to demand entry (e.g., for weapon and drug searches, to arrest a person wanted for an indictable offence, or to save lives, etc.); and
• requirements to be followed under the Youth Criminal Justice Act when a young person is arrested and detained, including who is responsible for discharging specific obligations.

 

Whether or not the incident giving rise to the necessity to arrest is school-related, police shall, in the interest of school safety and morale and where possible, consult with the principal, vice-principal, or designate prior to the arrest to arrange a suitable procedure by which police will access the student.

 

When it is necessary that a student be arrested at school during school hours, such an arrest will be made in a manner that will minimize disruption of school routines.

 

Where a student is to be arrested, police shall not be denied access to the student.

 

There may be circumstances in which physical restraints will be necessary. These will be employed with full regard for the safety of those involved in accordance with this protocol, police procedure and the arresting officer’s discretionary powers.

 

In the interest of safety or in exigent circumstances, police may promptly arrest a student. Following the arrest, they shall notify the principal, vice-principal, or designate as soon as possible.

 

It is important that police and the principal, vice-principal, and designate be aware of the followingprocedures and responsibilities with respect to providing support for victims:

 

It is the responsibility of police to conduct interviews related to criminal investigations of incidents that involve students as alleged offenders, victims, or witnesses.

 

During an investigation, the police may need to interview students. For routine investigations unrelated to school incidents, officers will aim to interview students outside of school premises and during non-school hours. However, if there is an immediate danger or emergency, or if contacting the student at school is the last resort, officers may interview them on school premises.

 

In the event of an incident requiring police involvement, the principal, vice-principal, or designate shall request police assistance at the school. The following procedure will be followed for student interviews:

 

The principal, vice-principal, or designate will recognize that the police and the Children’s Aid Society may conduct a joint interview if a child is suspected to be in need of protection.

 

 

If the student is a Crown ward or ward of the Children’s Aid Society, the legal guardian is the Children’s Aid Society, and they shall be contacted in the same way as a parent or guardian.

 

There may be times where police will direct the principal, vice-principal, or designate not to contact the parents and guardians. For example:

 

The principal, vice-principal, or designate will follow police direction in this regard and will document the

name and badge number of the officer and the direction given.

 

 

Students under 12 years of age shall have a parent or guardian present, or any other adult acting in loco parentis if a parent or guardian is not available, during the interview with the police unless it is determined that this may hinder the investigation or jeopardize the safety of the student.

 

The following procedures should be recognized in occurrences involving children under the age of 12:

 

Incidents involving students under 12 years of age that warrant reporting include serious acts of violence or threats thereof, as well as situations indicating potential harm or the need for protection of the child.

 

These students may have a parent, guardian, or any other adult chosen by the student present during the police interview. Police will inform the student of this right before taking an oral or written statement, ensuring the student has a reasonable opportunity to consult with counsel, a parent, or any appropriate adult chosen by the young person. The student also retains the right to refuse the presence of a parent, guardian, or any other adult during the interview. Police will adhere to accepted procedures regarding the admissibility of statements, including notifying the young person of their rights, including the right to refuse to provide a statement. In cases involving the Children’s Aid Society, such as suspected abuse or neglect, principal, vice-principal, or designate, police, and child protection workers will collaborate to determine the timing and procedure for notifying the parent or guardian.

 

Parents or legal guardians must not be contacted if the student is aged 18 or over, unless the student gives his or her consent, requests it, or is unable to give consent.

 

Once consent has been obtained from the student, the principal, vice-principal or designate will contact the student's parent, guardian, or another adult of choice as soon as possible. However, if the police advise that such action might violate the student's rights, impede the investigation, or compromise the student's safety, such communication may be delayed. Where circumstances or the timing of the investigation do not allow for immediate contact, the principal, vice-principal or designate will inform the parent or guardian of the interview as soon as possible, unless the investigating officer specifically requests not to do so.

 

Considerations shall be given by school and police representatives to preparations for interviews, including details such as:

 

Considerations shall be given to:

 

Under the Child, Youth and Family Services Act, section 125, every person who has reasonable grounds to suspect that a child is in need of protection must promptly report the suspicion and the information upon which it is based to a Children's Aid Society. This duty to report applies to anyone, including professionals who work with children, and they must make the report directly and personally. The duty to report is ongoing, meaning that if additional grounds for suspicion arise after the initial report, further reports must be made. Failure to report suspected child abuse or neglect is an offense and may result in legal consequences.

 

The school boards have and will maintain policy and guidelines to ensure the safety of the students (i.e., the protocol for contacting the Children’s Aid Society, etc.).

All school board staff have a duty to ensure that all members of the school community are able to work and learn in a safe and positive environment. They are obliged to report incidents to police as outlined in this document. However, additional considerations must be considered by school board personnel and police in investigations that involve a student known to have special needs, who may be identified as having an exceptionality in any of the following categories: behaviour, communication, intellectual, physical, or multiple.

 

Considerations for handling such situations include the following requirements:

 

In cases involving students with special education needs, the principal, vice-principal, or designate should review the student’s Individual Education Plan (IEP) and other relevant student records to identify whether further intervention strategies and/or resources are required for the student. These may include the development of and/or revisions to a Behaviour Management Plan or a Safety Plan.

Where children under the age of 12 are involved, school boards are expected to use their discretion in applying the rules previously outlined for reporting incidents to police. Children under 12 cannot be charged with an offence under the Criminal Code of Canada, Youth Criminal Justice Act, or the Provincial Offences Act, but police may take reports of incidents allegedly committed by students in this age group and may respond in an appropriate manner. Early intervention for children involved in such incidents is essential, and involving police and parents as early as possible may facilitate the provision of appropriate intervention and support.

 

The principal, vice-principal, or designate is required to conduct an investigation of an incident for the purpose of school discipline (e.g., where a recommendation for suspension or expulsion may be required) regardless of the age of the students involved.

 

Under the Youth Criminal Justice Act, a “young person” refers to individuals aged 12 through 17. While students under 12 cannot face criminal charges, the police may still intervene to facilitate communication between the school and parents or guardians. However, as outlined in section 125(1)(12) of the Child, Youth and Family Services Act, if a child under 12 years old has caused serious harm or damage and their parents or guardians fail to provide necessary services or treatment to prevent reoccurrence, the situation must be reported to the Children’s Aid Society. This obligation extends to cases where the child cannot consent to treatment, and the parents or guardians decline or are unavailable to provide consent.

 

Police have the authority to arrest, when necessary, take reports, and conduct interviews. The principal, vice-principal, or designate will document attempts made to contact a parent or guardian. In cases involving students who are Crown Wards, the legal guardian is considered to be the Children’s Aid Society

(excluding foster parents).

 

Considerations for responding to occurrences involving students under the age of 12 include:

 

Regular and meaningful communication will garner support for this protocol from school councils, parents, staff, and students for the development and understanding of the contents.

 

 

Police and the principal, vice-principal, or designate will collaborate prior to engaging with the media. Whenever feasible and appropriate, police will issue media releases regarding school-related incidents. Both parties will designate a lead spokesperson for media interactions during an incident. The Director of Education or their designate will serve as the school spokesperson, while the police spokesperson will typically take the lead in communicating with the media while the event or police investigation is ongoing.

A review of this protocol shall be conducted every two years or sooner if required.

 

The review is conducted by police and school board, who should develop an effective mechanism for soliciting input from school staff, students, and parents.

To enhance the safety of students, staff, and teachers, when requested, police can work in cooperation with local schools to assess areas of concern. School officials are encouraged to discuss details about the level of support and available resources with their local police service.

 

Similar support may be available to the school through the local police service for obtaining risk and/or threat assessment services.

Schools are expected to develop an Emergency and Crisis Response Plan, in keeping with school board policies, with appropriate follow-up measures. The plan should be communicated to members of the school community and police services. School boards are not required to translate their Emergency and Crisis Response Plan.

 

Response plans should be developed for the following emergencies:

 

The development and monitoring of this plan should include teachers, staff, students, and school councils. The plan should be fully communicated to members of the school community and police services. Mechanisms for sharing the Emergency and Crisis Response Plan with police services should be specified.

 

When police arrive at the school in response to a crisis, the school will provide the following upon request:

 

The principal, vice-principal, or designate shall report to a supervisory officer as soon as possible the basic details of a crisis event and shall follow up with a detailed written report when the crisis has passed. The Director of Education will provide information for school board trustees.

 

They will involve various teams and services as deemed necessary to help students and staff members cope with critical and/or tragic events.

 

School personnel and students should be made aware of certain police procedures that can be expected in instances of an emergent ongoing incident of a violent nature.

This document specifies the requirement that the school boards and police services provide training on the Ontario North East Region Safe Schools Protocol to their respective staff on an annual basis.

 

To improve collaboration between local police services and schools, training should be based upon effective leading practices and, where possible, the training should be delivered by police and school board personnel.

 

The principal will review the school’s Emergency and Crisis Response Plan with staff and school council at least annually and will ensure that staff is aware of the points of contact (e.g., 911 for emergencies).The police service should be invited to participate in this process.

Appendix A: Glossary

Appendix B: Lockdown Procedures for Elementary and Secondary Schools

Appendix C: Bomb Threat Procedures for Elementary and Secondary Schools

Appendix D: Guidelines for Evacuations in the event of a fire, bomb threat, or explosives incidents