Workplace violence, Ontario Health and Safety Act (OHSA) [4]

“Workplace violence” means:

  1. the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker
  2. an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker
  3. a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker

Serious student incidents, as laid out in the Education Act and PPM No. 145, “Progressive Discipline and Promoting Positive Student Behaviour” (October 17, 2018) [5]

Suspension

Activities for which suspension must be considered under subsection 306(1) of the Education Act:

  • uttering a threat to inflict serious bodily harm on another person
  • possessing alcohol, illegal drugs or, unless the pupil is a medical cannabis user, cannabis
  • being under the influence of alcohol or, unless the pupil is a medical cannabis user, cannabis
  • swearing at a teacher or at another person in a position of authority
  • committing an act of vandalism that causes extensive damage to school property at the pupil's school or to property located on the premises of the pupil's school
  • bullying
  • any other activity that is an activity for which a principal may suspend a pupil under a policy of the board

Expulsion

Activities for which expulsion must be considered under subsection 310(1) of the Education Act:

  • possessing a weapon, including possessing a firearm
  • using a weapon to cause or to threaten bodily harm to another person
  • committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner
  • committing sexual assault
  • trafficking in weapons or in illegal drugs
  • committing robbery
  • bullying (if the student has previously been suspended for engaging in bullying and the student's continuing presence in the school creates an unacceptable risk to the safety of another person)
  • any activity listed in subsection 306(1) that is motivated by bias, prejudice or hate
  • giving alcohol or cannabis to a minor
  • any other activity for which a student may be expelled under board policy

Violent Incidents, PPM No. 120, “Reporting Violent Incidents to the Ministry of Education” (May 16, 2011)

For the purposes of PPM No. 120, the term violent incident is defined as the occurrence of any one of the following or the occurrence of a combination of any of the following:

  • possessing a weapon, including possessing a firearm
  • physical assault causing bodily harm requiring medical attention
  • sexual assault
  • robbery
  • using a weapon to cause or to threaten bodily harm to another person
  • extortion
  • hate and/or bias-motivated occurrences

Occurrences requiring police response, Provincial Model for a Local Police/School Board Protocol, 2015

Mandatory notification of police

At a minimum, police must be notified of the following types of incidents:

  • all death
  • physical assault causing bodily harm requiring treatment by a medical practitioner
  • sexual assault
  • robbery
  • criminal harassment
  • relationship-based violence
  • possessing a weapon, including possessing a firearm
  • using a weapon to cause or to threaten bodily harm to another person
  • trafficking in weapons or in illegal drugs
  • possessing an illegal drug
  • hate and/or bias-motivated occurrences
  • gang-related occurrences
  • extortion
  • non-consensual sharing of intimate images
  • bomb threats

Discretionary notification of police

Police response may be needed in connection with the following types of incidents:

  • giving alcohol to a minor
  • being under the influence of alcohol or illegal drugs
  • threats of serious physical injury, including threats made on social networking sites or through instant messaging, text messaging, email and so on
  • incidents of vandalism
  • incidents of trespassing

Adapted from the Elementary Teachers' Federation of Ontario, ETFO Placemat: Workplace Violence and Serious Student Incidents, connecting legislation and policy (2016)

Footnotes

  • [4] ^ Note: Incidents not listed under “Workplace Violence, OHSA definition” may still qualify as workplace violence incidents under the Occupational Health and Safety Act (OHSA). Refer to the OHSA for additional information.

  • [5] ^ See the Safe Schools Incident Reporting Forms (SSIR) in the appendix to PPM No. 145.