Administrative Procedure 406: Progressive Discipline - Staff
Legal References
Education Act: Section 264 Duties of Teacher, Section 265 Duties of Principal, Part XIII Behaviour, Discipline and Safety; Ontario Regulation 298: Operation of Schools, Section 20 Duties of Teachers, Section 23 Requirements for Pupils; PPM 128 The Provincial Code of Conduct and School Board Codes of Conduct; Criminal Code of Canada; Canadian Charter of Rights and Freedoms; Ontario Human Rights Code; Equity and Inclusive Education in Ontario Schools: Guidelines for Policy Development and Implementation; Ontario’s Equity and Inclusive Education Strategy, 2009; PPM 119 Developing and Implementing Equity and Inclusive Education Policies in Ontario Schools (2013)
Related References
Administrative Procedure (AP) 138 Positive Workplace Environment; AP 351 Code of Conduct; AP 352 Progressive Discipline and Promoting Positive Student Behaviour; AP 404 Violence Prevention in the Workplace; AP 405 Allegations Against Employees and Volunteers; AP 421 Staff Development; AP 496 Recruitment and Selection of Staff
The Director of Education is committed to creating positive workplace environments and high levels of staff morale. As part of this commitment, the Director has created this administrative procedure which outlines the expectations for and management of employee conduct. This administrative procedure sets out clear expectations for all employees and their supervisors.
The discipline imposed will depend on the nature, severity, and impact of the conduct involved and as such, the Principal/Supervisor will choose the appropriate starting point within the procedure with input from Human Resource Services.
Nothing in this document precludes a Principal/Supervisor from informal reminders as part of their typical supervisory responsibilities. This non-disciplinary professional discussion is considered to be an opportunity to coach and support improvement and should occur between the Principal/Supervisor and the employee as soon as possible after the conduct occurred. The Principal/Supervisor should use the discussion as a basis for clarification and validation of concerns and/or expectations for improvement with regard to the conduct.
1.0 Letter to Counsel an Employee and/or to Clarify Expectations
An option that is not considered part of the discipline process but is available to Principals/Supervisors, and will involve Human Resource Services, is to clarify expectations. The Principal/Supervisor is required to meet with the employee in order to outline expectations for appropriate conduct, and to give the employee an opportunity to respond. The employee is to be advised that they are welcome to have union representation at this meeting and when they receive the letter. The discussion at the meeting is later confirmed in writing and the letter is then placed in the employee’s personnel file in Human Resource Services. All letters must be approved by the Superintendent of Human Resources Services (HRS) or designate, prior to release to the employee.
2.0 Application of the Procedure
Progressive discipline is to be used as a means of dealing with inappropriate and/or unprofessional conduct of an employee with the goal of improving the conduct.
Principals/Supervisors will consult with their school Superintendent when using this procedure. The school Superintendent will consult with the Superintendent (HRS) or designate.
Progressive discipline is to be used as a means of dealing with inappropriate and/or unprofessional conduct of an employee with the goal of improving the conduct.
Principals/Supervisors will consult with their school Superintendent when using this procedure. The school Superintendent will consult with the Superintendent (HRS) or designate.
3.0 Conducting an Investigation
3.1 Whenever allegations of inappropriate conduct arise, Principals/Supervisors should contact their school Superintendent to determine whether to complete an investigation before considering any disciplinary action. School Superintendents will consult with the Superintendent HRS or designate.
NOTE: If students involved are under the age of 16, or Police are involved, it may be necessary that the Children’s Aid Society/Police be notified and contact be made with the Superintendent HRS or designate. Refer to Administrative Procedure 405 Allegations Against Employees and Volunteers.
Principals/Supervisors should proceed as follows:
3.1.1 Act on the allegation in a timely fashion and,
3.1.2 The school Superintendent will consult with the Superintendent HRS, or designate, prior to conducting the investigation and making any decision as to the outcome of the investigation.
3.1.2 The school Superintendent will consult with the Superintendent HRS, or designate, prior to conducting the investigation and making any decision as to the outcome of the investigation.
3.2 There may be circumstances which require the re-assignment of the employee during the investigation process. Such re-assignment pending the investigation is not disciplinary in nature. This should only be done through the support of the Superintendent HRS or designate.
3.3 When the record of the employee is being used to justify the more severe steps of progressive discipline, there should be material contained in the employee’s personnel file in Human Resource Services, such as written reprimands and/or notices of prior disciplinary action. The employee must be aware of the information on file and must have been informed of the disciplinary action. Offences for which no discipline was imposed cannot be used for this purpose.
4.0 Steps of Progressive Discipline
The Principal/Supervisor will determine, in consultation with HRS, the nature, severity, frequency and impact of the conduct and the stage at which the discipline will be initiated. If there is a dispute as to the beginning point or next step, the Superintendent of HRS will determine future direction.
At any time during a formal meeting the Principal/Supervisor or employee may recess and establish a time to reconvene as soon as possible, to provide an opportunity for consultation from the appropriate management or union advocate.
4.1 If the employee’s conduct is of concern, or commits another, or more serious infraction, the Principal/Supervisor will proceed as follows:
4.1.1 Contact the school Superintendent who will coordinate consultation with the Superintendent HRS or designate, prior to the meeting, in order to maintain consistency in the process.
4.1.2 Provide the employee with the opportunity to have union representation and provide advance notice of any meeting. The timing of the meeting must be mutually agreed upon.
4.1.3 Inform the employee that a concern has been brought forward and a meeting is necessary to give the employee an opportunity to respond.
4.1.4 It is recommended the Principal/Supervisor have another Administrator/Supervisor participate in the meeting.
4.1.5 The meeting serves as a basis for discussion, clarification, and validation of the concerns and/or expectations.
4.1.6 At the meeting the Principal/Supervisor or HRS designate must be very clear regarding:
i. The nature of the concern(s).
ii. Reference to any previous discussion(s) regarding the same conduct and the adequate improvement has not occurred.
iii. The nature of the concern(s):
i. Why the conduct is a concern.
ii. Clarification of expectations.
4.1.2 Provide the employee with the opportunity to have union representation and provide advance notice of any meeting. The timing of the meeting must be mutually agreed upon.
4.1.3 Inform the employee that a concern has been brought forward and a meeting is necessary to give the employee an opportunity to respond.
4.1.4 It is recommended the Principal/Supervisor have another Administrator/Supervisor participate in the meeting.
4.1.5 The meeting serves as a basis for discussion, clarification, and validation of the concerns and/or expectations.
4.1.6 At the meeting the Principal/Supervisor or HRS designate must be very clear regarding:
i. The nature of the concern(s).
ii. Reference to any previous discussion(s) regarding the same conduct and the adequate improvement has not occurred.
iii. The nature of the concern(s):
i. Why the conduct is a concern.
ii. Clarification of expectations.
4.1.7 Upon conclusion of the Principal/Supervisor’s investigation, consultation with the Superintendent HRS or designate is required to determine the type of discipline that is appropriate in the given circumstance. With the exception of significant inappropriate infractions, letters of discipline are normally only given after the Letter of Expectation has failed to produce the necessary change in conduct within a reasonable period of time. A letter of discipline may include a suspension without pay.
4.1.8 Coordinate a final meeting involving the employee, their union representative and the Principal/Supervisor and/or HRS designate where the discipline is administered, discuss the improvement required.
4.1.9 A copy of the letter is to be placed in the employee personnel file. Drafts of all letters must be approved by the Superintendent HRS or designate prior to release to the employee.
4.1.10 Depending on the nature of the infraction, an employee may receive more than one letter of discipline for the same type of conduct. This determination is made in consultation with the Superintendent HRS or designate and the school Superintendent.
5.0 Dismissal
If the progressive discipline process has not been successful in correcting the conduct of an employee, or in the case of significant conduct infractions, the Principal/Supervisor together with the Superintendent HRS or designate may recommend dismissal. This recommendation goes to the Director of Education or designate for the final decision.
Revised February 2025