ST. MICHAEL’S COLLEGE SCHOOL

(“ST. MICHAEL’S”)

CHILD PROTECTION POLICY
FOR OPERATIONS AT ALL LOCATIONS OF ST. MICHAEL’S

Board Approval dated the 17th day of June, 2013

 CHILD PROTECTION POLICY FOR
ST. MICHAEL’S COLLEGE SCHOOL
INDEX
SECTION I DEFINITIONS, STATEMENT OF COMMITMENT AND STATEMENT OF
PRINCIPLE....................................................................................................................................1 
1.01 
1.02 
1.03 
1.04 

Definitions............................................................................................................................1 
Statement of Principles ........................................................................................................4 
Policy Objective ...................................................................................................................4 
Implementation, Monitoring and Review ............................................................................5 

SECTION II CHILD PROTECTION IN ONTARIO ................................................................5 
2.01 

Relevant Applicable Legislation for Child Protection in the Province of Ontario ..............5 

SECTION III LEGAL OBLIGATIONS, CHILD PROTECTION POLICIES AND
PROCEDURES APPLICABLE TO ALL CHILDREN.............................................................8 
3.01 

3.02 
3.03 
3.04 

Policy, Procedure and Legal Obligations as it Relates to Reporting Child Abuse and
Sexual Exploitation ..............................................................................................................8 
(b)  Who to Inform..............................................................................................................8 
(c)  Content of Report .........................................................................................................9 
Sanctions Following an Allegation of Child Abuse or Sexual Exploitation .......................9 
If a Visitor is Alleged to Have Committed Child Abuse or Sexual Exploitation ..............11 
Incident Report Forms .......................................................................................................12 

SECTION IV MEMBER DISCLOSURE REQUIREMENTS ................................................12 
4.01 

Member Disclosure Requirements .....................................................................................12 

SECTION V ACKNOWLEDGEMENT OF THE POLICY BY POTENTIAL MEMBER.13 
5.01 

Acknowledgment ...............................................................................................................13 

SECTION VI SCHEDULES TO THE POLICY ......................................................................13 
SCHEDULE “A” APPLICATION FORM FOR POTENTIAL MEMBERS ...............................14 
SCHEDULE “B” POLICE SERVICE INFORMATION CHECK FORM ...................................18 
SCHEDULE “C” SUSPECTED CHILD ABUSE AND/OR SEXUAL EXPLOITATION
CONCERN FORM ............................................................................................................19 
SCHEDULE “D” SUSPECTED CHILD ABUSE AND/OR SEXUAL EXPLOITATION
INCIDENT REPORT FORM ............................................................................................22 
SCHEDULE “E” POTENTIAL MEMBER’S ACKNOWLEDGMENT ......................................27 

St. Michael’s
Child Protection Policy - 2013

 CHILD PROTECTION POLICY FOR
ST. MICHAEL’S COLLEGE SCHOOL

SECTION I
DEFINITIONS, STATEMENT OF COMMITMENT AND STATEMENT OF PRINCIPLE
1.01

Definitions
In this policy document (“Policy”), the following terms shall have the following meanings. Where
relevant legislation defines a like term, the legislated definition shall apply:
“Accused” shall mean a person against whom a Complaint of Child Abuse and/or Sexual
Exploitation of a Child is made pursuant to the terms of this Policy;
“Act” shall mean the Ontario Child and Family Services Act, R.S.O. 1990, c. C.11 or any
successor legislation;
“Adult” shall mean a person who is aged 18 years of age or older;
“Board of Directors” shall mean the board of directors for St. Michael’s as defined in the general
operating by-law for St. Michael’s;
“Child(ren)” shall mean a person or persons, of either sex who is or appears to be under the age
of 16; and any person subject to a child protection order who is 16 or 17 years of age, with respect
to the Child Abuse provisions of this Policy, and a person or persons, of either sex who is/are
between 16 and 18 years of age with respect to the Sexual Exploitation provisions of this Policy.
Throughout this Policy, the terms Child(ren) and Student may be used interchangeably to mean
the same person.
“Child Abuse” for the purposes of this Policy includes physical abuse, sexual abuse,
neglect/failure to provide, and emotional maltreatment;
(a) Physical abuse is the deliberate application of force to any part of a Child's body, which
results or may result in a non-accidental injury. Physical abuse may include shaking,
choking, biting, kicking, burning, poisoning, holding a child under water, or any other
harmful or dangerous use of force or restraint.

 (b) Sexual abuse occurs when an adult or youth uses a Child for sexual purposes. Sexual
abuse includes fondling, intercourse, incest, sodomy, exhibitionism, and commercial
exploitation through prostitution or the production of pornographic materials.
(c) Neglect/failure to provide occurs when a Child's Parent(s)/Guardian(s) or caregivers do not
provide the requisite attention to the Child's emotional, psychological, or physical
development.
(d) Emotional maltreatment involves acts or omissions by Parent(s)/Guardian(s) or caregivers
that cause or could cause serious behavioural, cognitive, emotional, or mental disorders.
Emotional maltreatment can include verbal threats, socially isolating a Child, intimidation,
exploitation, terrorizing, or routinely making unreasonable demands on a Child.
“Child in Need of Protection” shall have the meaning prescribed in s. 37(2) of the Act, and mean
for the purposes of this Policy, a Child that is being physically, sexually, or emotionally abused
and/or neglected by Parent(s)/Guardian(s), or any other person or is in danger of being physically,
sexually, or emotionally abused and or neglected by a Parent(s)/Guardian(s), or any other person.
A Child that is suffering from Child Abuse and/or Sexual Exploitation as defined in this Policy is
a Child in Need of Protection;
“Children’s Aid Society” shall mean the Children’s Aid Society of Toronto;
“Complainant” shall mean a Child or person who makes a Complaint of Child Abuse and/or
Sexual Exploitation under this Policy;
“Complaint” shall mean formal or informal allegations of Child Abuse and/or Sexual
Exploitation;
“Consent” shall mean non-coercive agreement or willingness to participate. For greater certainty,
meaningful consent cannot be given by a Child under 16 years of age to engage in sexual activity
with any Adult. In addition, meaningful consent cannot be given by a Child under the age of 18
years of age to engage in sexual activity with an Adult as a result of the relationship that exists
between them;
“Employees” shall mean all full-time and part-time employees of St. Michael’s, and all full-time
and part-time contractors of St. Michael’s who are deemed to be employees for purposes of the
Income Tax Act (Canada), where applicable;
“Internal Determination” shall mean the finding from the review conducted by St. Michael’s,
undertaken in relation to a Complaint of Child Abuse and/or Sexual Exploitation. The remedies
and/or sanctions which may be imposed against the Accused as part of the Internal Determination
may include, but are not limited to, suspension with or without pay, or termination for cause for
Employees, depending on the seriousness and nature of the Complaint. The remedies and/or
sanctions to be imposed by the Board of Directors where appropriate shall be in their sole
discretion;

St. Michael’s
Child Protection Policy - 2013

 “Investigation” shall mean the act of the Police or the Child Protection Authority receiving
written statements from the Child, the Accused and any witnesses in relation to any allegations of
Child Abuse and/or Sexual Exploitation;
“Law” refers to the legislation governing Child Abuse and Sexual Exploitation relevant and
applicable in the jurisdiction where St. Michael’s is located;
“Member” shall mean the directors, officers, administrators, teachers, teacher assistants, school
counselors, employees, volunteers and/or any other persons who perform duties, either on a paid
or volunteer basis, or on a full-time or part-time basis, for St. Michael’s;
“Parents/Guardians” shall mean the father and the mother of a Child or, where applicable, any
other person acting as the person having lawful parental authority as a guardian;
“Policy” shall mean the guidelines and procedures described herein which are designed to guide
and determine the present and future conduct and decisions of all Members who have contact with
Children as part of any operations or activities of St. Michael’s;
“Potential Member” shall mean a person who has submitted an application to become a Member
of St. Michael’s, either in a paid or volunteer capacity, on a full or part time basis;
“Principal” shall mean the Principal at St. Michael’s or his designate(s);
“Sexual Exploitation” shall mean, in accordance with the Criminal Code of Canada, sexual
contact or invitation to sexual contact by a Member to a Child, or by anyone in a position of
authority, trust or power over that Child, whether or not the Child has consented. Sexual
Exploitation may include, but is not limited to, permitting, encouraging or requiring a Child to
engage in any of the following activities if they occur between a Member and a Child:
(a) using or engaging in sexually provocative language, acts or conduct towards a Child;
(b) writing sexually lurid, provocative or suggestive correspondence to a Child;
(c) rough-housing or engaging in conduct which involves physical contact with a Child and
which is sexually suggestive in nature;
(d) kissing, fondling, caressing, patting or pinching a Child;
(e) engaging in sexual intercourse or other sexual conduct designed to sexually stimulate
either the Individual or the Child or both;
(f) using sexual remarks, jokes, innuendo or taunting about a Child’s body or sexual
orientation;
(g) uttering, either verbally or in writing, invitations, requests or sexually suggestive remarks;
(h) leering or engaging in other sexually suggestive activities;

St. Michael’s
Child Protection Policy - 2013

 (i) displaying pornographic or sexually suggestive material to a Child; or
(j) developing or attempting to develop a sexual relationship between an Individual and a
Child;
(k) conduct of a sexual nature for the stimulation, gratification, profit and self interest of a
Member who is in a position of trust or authority or with whom the Child is in a
relationship of dependency;
(l) prostitution;
(m) production of material of a pornographic nature.
“Student” shall mean an enrolled student of St. Michael’s College School;
“Visitor” shall mean a person who is not a Member, but who is invited or permitted upon the
property, grounds or facilities of St. Michael’s College School for educational, social, religious or
other purposes as sanctioned by St. Michael’s College School.
1.02

Statement of Principles
The following are the principles of St. Michael’s concerning the protection of Children:

1.03

(a)

St. Michael’s will not tolerate any form of Child Abuse or Sexual Exploitation involving
its Members and will respond to allegations of Child Abuse of Children or Sexual
Exploitation of Children who are enrolled as Students at St. Michael’s in a swift and
compassionate manner in accordance with the terms and conditions of this Policy;

(b)

Members shall respect the relationship of trust that exists between themselves and the
Children under their care. Any Abuse or Sexual Exploitation of a Child by a Member will
be considered a breach of that relationship, regardless of whether the Child allegedly
consents to the conduct of the Member;

(c)

Members shall take full responsibility over their relationships with Children. Members
shall carry out their obligations toward Children in an appropriate manner that does not
include sexual innuendo, activities or sexual relationships of any sort whatsoever; and

(d)

St. Michael’s reserves the right to take all steps deemed necessary to ensure the continuing
physical and emotional integrity and well being of Children who are enrolled as Students
at St. Michael’s, which steps may include contacting the appropriate authorities which may
include the police.

Policy Objective
This Policy applies to all Members as defined in this Policy, as well as to all of St. Michael’s
operations and locations. To ensure the integrity, safety and reputation of Potential Members and
Members, this Policy establishes and describes St. Michael’s’ guidelines and procedures for the
protection of Children, the prevention of Child Abuse and Sexual Exploitation, and outlines the

St. Michael’s
Child Protection Policy - 2013

 processes to be followed in addressing the possible concerns related to Child Abuse and Sexual
Exploitation as defined in this Policy. As part of creating and maintaining a safe environment for
Children, the Policy herein:

1.04

(a)

mandates screening procedures for all Potential Members expected to be in contact with
Children, and or involved in work with Children;

(b)

outlines the obligations and procedures to be followed in investigating or reporting
knowledge of, reasonable belief or allegations as to occurrences of Child Abuse and/or
Sexual Exploitation of the Children enrolled as Students at St. Michael’s.

Implementation, Monitoring and Review
The implementation and monitoring the Policy will be the responsibility of the Principal or the
Principal’s designate. This Policy will be reviewed at regular intervals, which intervals will be
determined by St. Michael’s from time to time, with such intervals to be at least every three (3)
years.
SECTION II
CHILD PROTECTION IN ONTARIO

2.01

Relevant Applicable Legislation for Child Protection in the Province of Ontario
Relevant Applicable Code and Legislation in the Province of Ontario that effects this Policy
includes but is not limited to the following:
(i)

Child and Family Services Act, R.S.O. 1990, c. C.11 (the “Act”)

(ii)

Criminal Code [R.S. 1985, c. C-46] (the “Criminal Code”)

This Policy complies with and endorses the child protection principles that are outlined in the Act
and the Criminal Code. Some of these principles are outlined below.
In Ontario, the primary child protection legislation is the Act. The Act prescribes the policies,
procedures and standards that will apply in ensuring that Children within the Province are
protected. The Act also prescribes the duties and responsibilities that are placed on the general
public to report instances or suspicions that a Child is in Need of Protection.
Under the Act, and for the purposes of Child protection, a “Child” is defined as a person under the
age of sixteen unless the “Child” is subject to a Child protection order, in which case a Child is
defined as any person who is 16 or 17 years of age.
All persons have a duty to report when a Child is in need of Protection. This means that, the duty
to report a Child in need of Protection applies to any Child who is, or appears to be under the age
of sixteen. The duty to report also applies to a Child who is subject to a Child protection order
who is 16 or 17 years of age.

St. Michael’s
Child Protection Policy - 2013

 Under Ontario Law, a Child that is suffering from Child Abuse or that is exploited is a Child in
Need of Protection, as defined under the Act. Under Section 37 (2) of the Act, a Child is in need
of Protection where:
1.

The Child has suffered physical harm, inflicted by the person having charge of the Child or
caused by or resulting from that person’s,
(a) failure to adequately care for, provide for, supervise or protect the Child, or
(b) pattern of neglect in caring for, providing for, supervising or protecting the Child.

2.

There is a risk that the Child is likely to suffer physical harm inflicted by the person having
charge of the Child or caused by or resulting from that person’s,
(a) failure to adequately care for, provide for, supervise or protect the Child, or
(b) pattern of neglect in caring for, providing for, supervising or protecting the Child.

3.

The Child has been sexually molested or sexually exploited, by the person having charge
of the Child or by another person where the person having charge of the Child knows or
should know of the possibility of sexual molestation or sexual exploitation and fails to
protect the Child.

4.

There is a risk that the Child is likely to be sexually molested or sexually exploited as
described in paragraph 3.

5.

The Child requires medical treatment to cure, prevent or alleviate physical harm or
suffering and the Child’s Parent/Guardian or the person having charge of the Child does
not provide, or refuses or is unavailable or unable to consent to, the treatment.

6.

The Child has suffered emotional harm, demonstrated by serious,
(a)
(b)
(c)
(d)
(e)

anxiety,
depression,
withdrawal,
self-destructive or aggressive behaviour, or
delayed development,

and there are reasonable grounds to believe that the emotional harm suffered by the Child
results from the actions, failure to act or pattern of neglect on the part of the Child’s
Parent/Guardian or the person having charge of the Child.
7.

The Child has suffered emotional harm of the kind described in subparagraphs (a), (b), (c),
(d) or (e) of paragraph 6 and the Child’s Parent/Guardian or the person having charge of
the Child does not provide, or refuses or is unavailable or unable to consent to, services or
treatment to remedy or alleviate the harm.

8.

There is a risk that the Child is likely to suffer emotional harm of the kind described in
subparagraphs (a), (b), (c), (d) or (e) of paragraph 6 resulting from the actions, failure to

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Child Protection Policy - 2013

 act or pattern of neglect on the part of the Child’s Parent/Guardian or the person having
charge of the Child.
9.

There is a risk that the Child is likely to suffer emotional harm of the kind described in
subparagraphs (a), (b), (c), (d) or (e) of paragraph 6 and that the Child’s Parent/Guardian or
the person having charge of the Child does not provide, or refuses or is unavailable or
unable to consent to, services or treatment to prevent the harm.

10.

The Child suffers from a mental, emotional or developmental condition that, if not
remedied, could seriously impair the Child’s development and the Child’s Parent/Guardian
or the person having charge of the Child does not provide, or refuses or is unavailable or
unable to consent to, treatment to remedy or alleviate the condition.

11.

The Child has been abandoned, the Child’s Parent/Guardian has died or is unavailable to
exercise his or her custodial rights over the Child and has not made adequate provision for
the Child’s care and custody, or the Child is in a residential placement and the
Parent/Guardian refuses or is unable or unwilling to resume the Child’s care and custody.

12.

The Child is less than 12 years old and has killed or seriously injured another person or
caused serious damage to another person’s property, and services or treatment are
necessary to prevent a recurrence and the Child’s Parent/Guardian or the person having
charge of the Child does not provide, or refuses or is unavailable or unable to consent to,
those services or treatment. The Child is less than 12 years old and has on more than one
occasion injured another person or caused loss or damage to another person’s property,
with the encouragement of the person having charge of the Child or because of that
person’s failure or inability to supervise the Child adequately.

In addition to the Act, the Criminal Code prohibits:
(a)

any sexual activity between an Adult and a Child under the age of 16 – a Child
under 16 is incapable in law of consenting to sexual activity with an Adult;

(b)

any sexual activity between an Adult in a position of trust or authority towards a
Child between the ages of 16 and 18 years;

(c)

any sexual activity without the consent of a Child of any age; and

(d)

use of Children in prostitution and pornography.

St. Michael’s
Child Protection Policy - 2013

 SECTION III
LEGAL OBLIGATIONS, CHILD PROTECTION POLICIES AND PROCEDURES
APPLICABLE TO ALL CHILDREN
3.01

Policy, Procedure and Legal Obligations as it Relates to Reporting Child Abuse and Sexual
Exploitation
(a)

Duty to Report
Generally, reporting when a Child is in Need of Protection is the duty of all persons in the
Province including members of the public, Parents/Guardians, family members, caregivers,
service providers, police, priests, ministers and religious leaders, health care providers and
teachers.

(b)

Who to Inform
(i)

The Act imposes a duty on any person who suspects on reasonable grounds that a Child
is or may be In Need of Protection to report this suspicion and the information upon
which the belief is based to the Children’s Aid Society (“CAS”). Where a Member
reasonably suspects that a Child is or may be In Need of Protection, it is the legal
obligation of the Member to report this suspicion to the CAS. St. Michael’s stresses
that this obligation is not only a legal one but is also a moral one in keeping with
Christian values. Pursuant to their legal and moral obligations, Members shall report
suspected Child Abuse or Sexual Exploitation to both the CAS and the Principal of St.
Michael’s. The local office of the CAS is located at 30 Isabella Street, Toronto,
ON M4Y 1N1 and their 24-hour telephone number is: 416-924-4646.

(i)

In emergencies, Members are encouraged to immediately contact the local Police
department. The contact information for the local Toronto Police Services office is
13th Division, 1435 Eglinton Av. W., Toronto, ON, M6C 3Z4 and their telephone
number is 416-808-1300 or 911.

(ii)

In addition to their legal reporting obligations, Members are directed to promptly report
the Child Abuse and/or Sexual Exploitation to the Principal or his designate where
appropriate, in order to ensure that St. Michael’s can take all reasonable and
appropriate steps to limit the Child Abuse or Sexual Exploitation and the threat posed
by the Accused if the Accused is a Member who has access to St. Michael’s facilities
or participates in St. Michael’s activities.

(iii)

Members are required, where appropriate, to keep the Principal, or his designate where
appropriate, fully informed of any investigation they may be involved in arising from
the reporting of Child Abuse or Sexual Exploitation, unless they are otherwise directed
not to do so by a criminal or civil authority of competent jurisdiction, such as an
investigating police force or the CAS.

(iv)

The Act expressly provides that persons who perform professional or official duties
with respect to Children, including a teacher or a religious official, such as a priest, a

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Child Protection Policy - 2013

 rabbi and a member of the clergy, will be guilty of an offence if s/he contravenes the
reporting obligations by failing to report suspicions of Child Abuse or Sexual
Exploitation.
(v)

Any professional or official including those named above, who fails to report a
suspicion that a Child is in Need of Protection based on knowledge obtained in the
course of professional or official duties is liable on conviction to a fine of up to $1,000.

(vi)

Members do not need to be sure that a Child is suffering Child Abuse and/or Sexual
Exploitation in order to make a report of Child Abuse or Sexual Exploitation to the
CAS. If Members are unsure about possible Child Abuse or Sexual Exploitation, then
they are directed to err on the side of caution and immediately report their concerns to
the CAS.

(vii)

The obligation to report Child Abuse or Sexual Exploitation is ongoing. In such cases
Members must report any additional grounds that they might have to suspect that a
Child is suffering Child Abuse or Sexual Exploitation.

(viii)

The legal duty to report overrides any duty of confidentiality, except a solicitor-client
relationship.

(c)

Content of Report
Without limiting the generality of the forgoing, a report made to the CAS shall include the
following:

3.02

(i)

all the information in the possession of the person making the report which allows the
Child to be identified;

(ii)

the name and address of the Child's Parents/Guardians, if known; and

(iii)

all the information the person making the report has concerning the Child's situation,
and a clear description of the facts that lead the person making the report to believe that
the Child is In Need of Protection.

Sanctions Following an Allegation of Child Abuse or Sexual Exploitation
(a)

If a report of Child Abuse or Sexual Exploitation (the “Complaint”) is made against a
Member, then the Member shall be immediately suspended from performing any services,
duties for St. Michael’s (with pay, if applicable). The suspension of the Member will
remain in effect until the Member is exonerated from any criminal charges arising from the
Complaint, or any Investigation commenced by the CAS and/or the police or the CAS have
completed an Investigation and concluded that the Complaint did not occur. Under these
circumstances, the suspension will end and the Member will be entitled to return to
performing his or her pre-suspension services or duties.

(b)

If a Member is convicted in a criminal court of Child Abuse or Sexual Exploitation or
pleads guilty to some lesser and included offense arising from the Child Abuse or Sexual

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Child Protection Policy - 2013

 Exploitation then the Member shall be immediately terminated with cause from his or her
services and duties with St. Michael’s.
(c)

Regardless of whether a Member is suspended or terminated, such Member shall not enter
onto St. Michael’s property and shall not take part in St. Michael’s teaching programs or
extra-curricular activities during the suspension period or following termination, and will
not have any contact, either directly or indirectly, with any Student.

(d)

Upon learning of a Complaint, the Principal’s designate, where appropriate, shall notify St.
Michael’s insurance provider of the Complaint.

(e)

If, as a result of an Investigation by the CAS, or the police, a determination is made that
Child Abuse or Sexual Exploitation has occurred, but no criminal charges are laid against
the Accused, or if the CAS, or police, are satisfied that the risk of further Child Abuse or
Sexual Exploitation by the Accused has been addressed and the CAS, or the police,
determines that no further action will be taken by it against the Accused, then St. Michael’s
will investigate the report of Child Abuse or Sexual Exploitation itself (the “Internal
Determination”) if it is deemed necessary to ensure the ongoing safety of its Students. The
Internal Determination will be undertaken by two Members (“Investigators”) appointed by
the Principal for the purpose of the Internal Determination.

(f)

As part of the Internal Determination, the Accused will be interviewed by the Investigators
to determine the risk of further or ongoing Child Abuse or Sexual Exploitation posed by
the Accused to the Students of St. Michael’s. The interview will be reduced to writing. As
part of the Interview, the Accused will be required to complete a new Application Form
that is attached to this Policy as Schedule “A” and to make full and complete disclosure as
required thereunder. If the Accused fails to complete a new Application Form, provides
false or misleading information, or fails to disclose any relevant information thereunder,
then the Accused shall be immediately thereafter terminated with cause from his or her
responsibilities with St. Michael’s and will be banned from the property, facilities and
functions of St. Michael’s.

(g)

Further, as part of the Internal Determination, such witnesses, family members, Members
and Students as are deemed necessary by the Investigators will be interviewed, and the
interviews will be reduced to writing.

(h)

At the completion of the Internal Determination, the Principal shall convene a special
meeting of the Board of Directors of St. Michael’s on seven (7) days’ notice in writing to
the Accused. The Board of Directors shall meet with the Accused in camera and will
discuss the Internal Determination and its findings with the Accused. At the conclusion of
the meeting, the Board of Directors shall render its decision as to whether further
disciplinary measures will be taken by St. Michael’s against the Accused. Such
disciplinary measures may include, but are not limited to, the following:
(i)
(ii)
(iii)

requiring counseling;
requiring therapeutic treatment;
suspension (with or without pay as determined by St. Michael’s);

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Child Protection Policy - 2013

 (iv)
(v)
(vi)

reallocation of duties;
restrictions upon contact with the Students of St. Michael’s;
restrictions from access to certain property of St. Michael’s, such as change rooms
and washrooms;
(vii) termination (with or without notice, as determined by St. Michael’s);
(viii) permanent ban from the property and facilities of St. Michael’s; and/or
(ix)
making a further report to the CAS, or the police, if it is felt that there is evidence
of Child Abuse, or Sexual Exploitation that did not form the basis of the original
Complaint against the Member accused.

3.03

(i)

The decision of the Board of Directors shall be final and not open to appeal.

(j)

Pursuant to section 3.02(a) of this Policy, the suspension of the Accused shall remain in
effect until the decision of the Board of Directors is delivered pursuant to section 3.02(a)
of this Policy.

(k)

St. Michael’s shall maintain the strictest confidentiality over the records of the Internal
Determination, the meeting between the Board of Directors and the Accused, and the
decision of the Board of Directors respecting disciplinary measures (“Records”). A record
of the Complaint, the Investigation and the Internal Determination shall be kept in the
records of the Child and Accused to be maintained in accordance with the privacy and
confidentiality policies of St. Michael’s. The Records shall only be disclosed as required
by law and shall be permanently maintained in the employment file of the Accused with
St. Michael’s.

(l)

Subject to the legal reporting requirements referred to herein, where a Member who is
subject to a Collective Bargaining Agreement is alleged to have committed Child Abuse or
Sexual Exploitation then the terms of the Collective Bargaining Agreement respecting
discipline of the said Member shall be applicable and shall supersede the terms of this
Policy, where the terms of this Policy and the Collective Agreement conflict.

If a Visitor is Alleged to Have Committed Child Abuse or Sexual Exploitation
(a)

If a report of Child Abuse or Sexual Exploitation is made against a Visitor, then the Visitor
shall be immediately barred from entering onto St. Michael’s property and shall not take
part in St. Michael’s teaching programs or extra-curricular activities, and will not have any
contact, either directly or indirectly, with any student on St. Michael’s property.

(b)

The suspension described in section 3.03(a) is for the protection of the Students of St.
Michael’s. St. Michael’s reserves the right to maintain the suspension for an indefinite
period until satisfied that the suspension is no longer required.

(c)

Any Member receiving a report of Child Abuse or Sexual Exploitation by a Visitor shall
report same in accordance with the legal requirement as set out in section, 3.02(a) above.

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 3.04

Incident Report Forms
All Members, who receive a Child Abuse and/or Sexual Exploitation Complaint, shall complete a
Child Abuse and/or Sexual Exploitation Concern Form attached as Schedule “C” to this Policy.
Copies of the Completed Child Abuse Concern Form shall be kept in the records of the Student
and Accused to be maintained by St. Michael’s.
Individuals who file an Abuse/Sexual Exploitation report with the caseworker or police or other
external source as outlined in this Policy shall complete an Incident Report Form attached as
Schedule “D” to this Policy. Copies of the Completed Child Abuse and/or Sexual Exploitation
Incident Form shall be kept in the records of the Student and Accused to be maintained by St.
Michael’s.
SECTION IV
MEMBER DISCLOSURE REQUIREMENTS

4.01

Member Disclosure Requirements
(a)

All Members of St. Michael’s and all Potential Members wishing to work for St. Michael’s
shall be required to complete the Application Form which is attached as Schedule “A” to this
Policy. Completion of the Form is mandatory. Further, all Members and Potential Members
shall complete a Police Service Information Check Form which is attached as Schedule “B” to
this Policy. In this Policy, the Application Form and the Police Service Information Check
Form will be collectively referred to as the “Forms”.

(b)

If a Member of St. Michael’s does not complete the Forms or does not disclose a
conviction or any other relevant information requested in the Forms, this may lead to the
termination of the Member for cause or other less severe disciplinary measures, which
disciplinary measures shall be determined by the Principal in his sole discretion.

(c)

If a Potential Member does not complete the Forms or does not disclose a conviction or
any other relevant information requested in the Forms, this may lead to the Potential
Member being denied appointment to the position he or she has applied for.

(d)

The information provided by the Member or the Potential Member in the Forms shall be
treated as strictly confidential. The person designated by St. Michael’s to review the
Forms and/or the Principal of St. Michael’s will be the only persons to see the Forms. No
information in the Forms will be disclosed except where there is a legal duty to do so or
where disclosure is required to ensure the continuing safety of a Child from Child Abuse or
Sexual Exploitation.

(e)

Members may be required to complete new Forms from time to time. Failure to complete
new Forms as required may lead to the sanctions outlined above in section 4.01(b) of this
Policy.

(f)

All Potential Members will be subject to an interview with the Board of Directors of St.
Michael’s, or its representative(s).

St. Michael’s
Child Protection Policy - 2013

 (g)

All Potential Members shall be advised by the Principal or Controller of St. Michael’s if
they have been accepted for employment with St. Michael’s.

(h)

All applications of Potential Members shall be kept on record by St. Michael’s for a period
of three (3) years after the application is submitted by the Potential Member.

SECTION V
ACKNOWLEDGEMENT OF THE POLICY BY POTENTIAL MEMBER

5.01

Acknowledgment
Each Potential Member shall be required to sign an acknowledgment in the form attached as
Schedule “E” to this Policy. In that regard, each Potential Member agrees to comply with the
Policy and understands that disciplinary action will be taken against anyone found guilty of Child
Abuse and/or Sexual Exploitation.

SECTION VI
SCHEDULES TO THE POLICY
The following schedules attached to this Policy shall, for all purposes of this Policy, form an integral
part of it:
Schedule “A” – APPLICATION FORM FOR POTENTIAL MEMBERS
Schedule “B” – POLICE SERVICE INFORMATION CHECK
Schedule “C” – SUSPECTED CHILD ABUSE AND/OR SEXUAL EXPLOITATION
CONCERN FORM
Schedule “D” – SUSPECTED CHILD ABUSE AND/OR SEXUAL EXPLOITATION
INCIDENT REPORT FORM
Schedule “E” – POTENTIAL MEMBER’S ACKNOWLEDGMENT

St. Michael’s
Child Protection Policy - 2013

 SCHEDULE “A”
APPLICATION FORM FOR POTENTIAL MEMBERS

ST. MICHAEL’S COLLEGE SCHOOL

A. PURPOSE
This Application Form (the “Form”) is to be completed by all directors, officers, administrators,
teachers, teacher assistants, school counselors, employees, volunteers and/or persons who perform
duties, either on a paid or volunteer basis, or on a full time or part time basis for St. Michael’s College
School (“St. Michael’s).

St. Michael’s has a spiritual, moral and legal obligation to provide a safe and secure learning
environment for children who are students enrolled at St. Michael’s. To this end, this Form is
intended to assist in ensuring that obligation is met.

This Form is an integral part of the Child Protection Policy of St. Michael’s (the “Policy”). Please
thoroughly review the Policy and ensure that you understand the consequences which will arise from
your failure to complete this Form or from your inclusion of any misleading information in it. If you
have any questions regarding the Form, please direct those questions to the person who has supplied
you with the Form. If such person is unable to answer your question(s) then please contact the
Principal of St. Michael’s.

The information which is provided in this Form will be considered STRICTLY CONFIDENTIAL
AND WILL ONLY BE RELEASED AS REQUIRED BY LAW.

 B. PERSONAL BACKGROUND

Full Name

__________________________________________

Address

__________________________________________
__________________________________________
__________________________________________

Telephone

__________________________________________

Do you have a criminal record or have you ever been convicted of an offense involving children or
assaults? If so, please provide full details including the nature and date(s) of the offence(s),
continuing on a separate sheet of paper if necessary:
_______________________________________________________________________________
_______________________________________________________________________________

Have you ever been cautioned by the police or bound over to keep the peace? If so, please provide
full details of such incidences, continuing on a separate sheet of paper if necessary:
_______________________________________________________________________________

_______________________________________________________________________________

Have you ever been found by a court exercising civil jurisdiction (including matrimonial or family
jurisdiction) to have caused harm to a person under the age of eighteen (18) years of age, or has
any such court made any order against you on the basis of any finding or allegation that any
person under the age of eighteen (18) years of age was at risk of harm from you? If so, please
provide full details, continuing on a separate sheet of paper if necessary:
_______________________________________________________________________________

_______________________________________________________________________________

 Have you ever been the subject of a complaint to, or an investigation by, the Children’s Aid
Society or other Child Protection Agency? If so, please provide full details, continuing on a
separate sheet of paper if necessary:
_______________________________________________________________________________

_______________________________________________________________________________

Has a child in your care or for whom you have or had parental responsibility ever been removed
from your care, been placed under the care of the Children’s Aid Society, or been made a Ward of
the Crown, as defined, and pursuant to the Child and Family Services Act, R.S.O. 1990 c. C.11, or
a similar order under other legislation? If so, please provide full details, continuing on a separate
sheet of paper if necessary:
_______________________________________________________________________________

_______________________________________________________________________________

Has your conduct ever caused or been likely to cause harm to a child under the age of eighteen
years of age, or put a child at risk of harm, or to your knowledge has it ever been alleged that your
conduct has resulted in any of those things? If so, please provide full details, continuing on a
separate sheet of paper if necessary:
_______________________________________________________________________________

_______________________________________________________________________________

Do you have a driver’s license? If yes, the driver’s license number is:
_______________________________________________________________________________

Have you any health problem(s) which might affect your ability to work with children? If so,
please provide full details, continuing on a separate sheet of paper if necessary:
______________________________________________________________________________

______________________________________________________________________________

 Have you ever been known by any other name than the one given in this Form as your Full Name?
If so, please provide full details, continuing on a separate sheet of paper if necessary:
______________________________________________________________________________

C. REFERENCES
Please provide two personal references who are not relatives: (name, addresses, phone numbers,
and relationship to you)
1)

___________________________________________________________
___________________________________________________________

2)

___________________________________________________________
___________________________________________________________

D. STATEMENT
I, the undersigned, do hereby declare that the information which I have provided in this Form is
correct, accurate and complete to the best of my knowledge. I authorize any references listed to
provide any information requested by St. Michael’s pertaining to my character and fitness to work
with children and with St. Michael’s.

I authorize St. Michael’s to undertake all reasonable searches to confirm my identity, and the personal
information I have provided in this Form.

DATED __________________, this _______day of____________, Year _____

___________________________
Witness

___________________________
Signature

 SCHEDULE “B”
POLICE SERVICE INFORMATION CHECK FORM

ST. MICHAEL’S COLLEGE SCHOOL
[TO BE ATTACHED]

 SCHEDULE “C”
SUSPECTED CHILD ABUSE AND/OR SEXUAL EXPLOITATION CONCERN FORM

ST. MICHAEL’S COLLEGE SCHOOL
Date and time of report:
_______________________________________________
Staff person taking information:
_______________________________________________
Name of Individual Reporting:
_______________________________________________
Name of alleged victim:

Address: ______________________________________
Street # & Name

______________________________________

Telephone number:

____________

________

_____________

City/Town

Province

Postal Code

(______) ________-______________

When did the alleged incident
occur?
How old were you (or victim)?
_______________________________________________
Details of the alleged incident
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Person involved in the alleged incident

___________________________________

 Location of alleged incident

___________________________________

Did the alleged Child Abuse and/or Sexual Exploitation occur on more than one occasion? How
often? Where? When?
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

To whom did the alleged Child Abuse and/or Sexual Exploitation occur?

Has this been reported before? To whom? What was the response?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

If the alleged incident was not reported, you need to it report now. If the Individual is an adult
and the Child Abuse and/or Sexual Exploitation happened to them as a Child, the Individual
needs to be encouraged to call the appropriate authorities. If the Individual is reporting an
alleged incident involving someone who is currently under the Age of Majority, encourage the
Individual to call the appropriate entity, person or authorities as per the Policy, but we will also
report.

 Will you call a Social Worker/Police/Parent/Guardian?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
If the alleged Child Abuse and/or Sexual Exploitation is current, you need to take steps to keep
the Child safe while making a report to the authorities. Can you keep the Child away from the
alleged perpetrator while a report is made to a social worker/police/Parent/Guardian?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
How can I help you now?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

 SCHEDULE “D”
SUSPECTED CHILD ABUSE AND/OR SEXUAL EXPLOITATION INCIDENT
REPORT FORM

ST. MICHAEL’S COLLEGE SCHOOL
TO BE COMPLETED BY PERSON WHO RECEIVES THE COMPLAINT
Please do not delay submitting this report even if you cannot fully answer all the questions.
Additional information can be subsequently provided.
PLEASE PRINT (OR TYPE) AND, IF POSSIBLE, USE BLACK INK. THANK YOU.
(Insert additional pages as necessary)
Date:
This report is submitted by:
NAME (TITLE)

Address:

______________________________________________________
STREET # AND STREET NAME

______________________________________________

Telephone:

_____________

______________ ____________

CITY/TOWN

PROVINCE

POSTAL CODE

(________) _________-__________________________

This report is submitted to:
NAME (TITLE)

Address:

____________________________________________________
STREET # AND STREET NAME

______________________________________________

Telephone:

_____________

______________ ____________

CITY/TOWN

PROVINCE

POSTAL CODE

(_______) _____-___________________

 Person(s) suspected of misconduct:
Name (title):
Age:
Address:

Sex:
____________________________________________________________
STREET # AND STREET NAME

____________________________________________________________

Telephone

_____________

______________ ____________

CITY/TOWN

PROVINCE

POSTAL CODE

(_______) _____-___________________

Suspected victim(s) of misconduct

Name:

___________________________________________________________
Sex

M

F

Age:
Address:

____________________________________________________________
STREET # AND STREET NAME

____________________________________________________________
_______________ _________________ __________________________
CITY/TOWN

Telephone:

PROVINCE

(_______) _____-___________________

POSTAL CODE

 Describe incident of suspected Child Abuse OR Sexual Exploitation (include date, time and
location).
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

Identify any witnesses to the incident (include names, addresses and telephone numbers where
available).
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Was a call placed to social worker/parent/guardian/police in the province/town/city where the child
abuse or sexual exploitation occurred?

Yes

No

If so, when was the call placed?

___________________________________

What phone number was called?

___________________________________________

 Did you leave a message or talk with a person?

________________________________________

If you spoke with a person, with whom did you
speak?

NAME &TITLE

What did you say to them? _________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

What did they say to you? __________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

What was the course of action that the social worker/police/parent/guardian said they would take?
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Did you follow up with a report to the social worker/police/parent/guardian in writing?
Yes

No
Date of letter _________________________________________________

 IF YES, PLEASE FORWARD A COPY OF THIS LETTER TO THE PRINCIPAL’S OFFICE.
Other information which may be helpful to an investigation (please use additional paper if
necessary).
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
All information submitted in this report is warranted to be true and correct
This ________ day of __________________, 20___

__________________________________
Signature of Person Submitting Report

___________________________________
Signature of Witness to Report

____________________________________________________________
Signature of St. Michael’s College School Personnel Assisting With Report (where applicable)

 SCHEDULE “E”
POTENTIAL MEMBER’S ACKNOWLEDGMENT

ST. MICHAEL’S COLLEGE SCHOOL
I, the undersigned, acknowledge that I have received and reviewed a copy of the Child
Protection Policy (the “Policy”) of St. Michael’s College School (“St. Michael’s”). If my
application is accepted, I understand that St. Michael’s does not condone and will not tolerate
Child Abuse and/or Sexual Exploitation of the Children in St. Michael’s care. I understand
that I am required to comply with the Policy as stated and I agree to be bound by its terms. I
understand that any questions I may have regarding the Policy should be referred to the
Principal or his designate, where appropriate. I also understand that disciplinary action will
be taken against anyone found guilty of committing Child Abuse and/or Sexual Exploitation
as defined in the Policy. I understand how to report Child Abuse and/or Sexual Exploitation
in accordance with the Policy. I acknowledge that St. Michael’s has the right to modify,
change, or revise any part of the Policy at any time.
[A copy of this form shall be filed in the Potential Member’s file]

DATED AT

Witness

,THIS ____ DAY OF _____________ 20__.

__________________________
Signature