(a) a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or

(b) a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person.

•   Immediately contact your Chapter Chair to seek approval from the Provincial Chair to consult a lawyer. Approval means that APSSP will pay a portion of the legal costs.

•   You have the fundamental right to remain silent and to consult with a lawyer before speaking with or making a statement to the police, the Child Protection Agency or representatives of your employing Board.

•   Under the Canadian Charter of Rights and Freedoms the police are required to caution you regarding your right to remain silent and your right to consult with a lawyer. However this requirement only kicks in at the point where you are detained. (There is extensive case law which spells out when that point has occurred.)

•   Anything you say to the police prior to or after you are cautioned and advised of your right to counsel, is neither confidential nor privileged and may be used against you in a subsequent proceeding.

•   Anything you may say to the Child Protection Agency representatives or your employing Board is neither confidential nor privileged and may be used against you.

•   Your right to remain silent is subject to the obligation to provide the police with information relating to your identification, e.g. name, address, telephone number, date of birth, etc.

•   There may be labour relations consequences if you are charged with a criminal offence. A suspension pending trial may be appropriate if the offence is so related to the employment relationship that the employee's continued employment pending the resolution of the criminal charges would present a sufficiently serious and immediate risk to the legitimate and substantial concerns of the employer, including security and safety of students and other employees, as well as its public reputation. In other cases, alternative work may be found, for example where there is no contact with students.

•   In cases where an employee is charged with an offence directly related to employment and there is a reasonable basis for doing so, the employer may demand an explanation from the employee of the circumstances giving rise to the charges. In spite of the right to remain silent, a refusal to provide a response could have adverse consequences to the employee, even if the employee is ultimately acquitted.

•   Maintain professional boundaries and avoid relationships that become personal. Close relationships with students often lead to misunderstandings. As an adult and a professional, you are responsible for your behaviour and conduct as well as the student's behaviour.

•   It is your duty to be a role model, not a best friend.

•   As professionals working with students, you are expected to maintain a higher standard of care and conduct than most members of the public. Even outside of school your behaviour can be challenged.

•   Avoid meeting students outside of school without their families or caregivers present.

•   Be aware of the risks involved in driving students in your personal vehicle.

•   Avoid touching students. When emotions are heightened any kind of touch or physical contact can be misinterpreted.

•   Do not email students. Once you send e mail you lose control of the message. It can be forwarded and amended. Attachments can be added. Your e mail address is no longer private. An e mail message is as private as a postcard and more easily passed on.

•   Avoid mixing socially with students, especially if alcohol is involved.

•   Never date a student, even an adult student.

•   Be careful when giving students gifts. The best gift for a student is professional attention.

•   Reflect on your actions. Avoid conduct you would be embarrassed to report. If in doubt, don't do it.

•   Often you cannot avoid being alone with a student. When you are alone with a student, ensure that a responsible adult at the school is aware that you are with the student. If possible, see the student in an area that has a window where you can be seen.

•   Avoid physical demonstrations of concern, such as hugs, unless in public view. Students are often needy. You can help them by empathic professional communication.

•   Avoid writing cards or letters to a particular student. Ask yourself how people could misinterpret the comments years later. Once something is written, it cannot be deleted or retracted.

1.   If a member is called into a meeting and discovers that it involves an allegation of abuse, the member should request APSSP representation. Many of our collective agreements include a right to representation at any disciplinary proceeding. Such a request should be made even if the collective agreement is silent.

2.   APSSP can provide support by the following actions:

•   Attending disciplinary meetings.

•   Contacting the appropriate APSSP consultant.

•   Paying a portion of the member's legal costs (in accordance with APSSP policy).

•   Staying in contact with the member and keeping abreast of the situation.

•   Ensuring that the collective agreement has been honoured throughout the process.

1.   The member contacts the Chapter Chair who in turn immediately contacts the Provincial Chair to seek approval to provide financial assistance to the member for consulting a lawyer, in accordance with APSSP policy.

2.   Chapter Chair ensures that the Collective Agreement is honoured throughout the process.

3.   Chapter Chair ensures that an APPSP Representative attends all disciplinary meetings with the member.

4.   Chapter Chair seeks assistance from APSSP consultant to assist the member in labour relations matters with the Board, such as grievances and arbitration where applicable, to ensure that the member is fairly represented. Any decision on whether a grievance should be pursued would be made by the Association in accordance with APSSP policy.

5.   Chapter Chair keeps the Provincial Chair informed throughout the process.