Administrative Procedure 378: The Reporting and Responding to Racist and Hate-Based/Biased Incidents impacting or involving Students of AMDSB

1.0 RationaleT

The Reporting and Responding to Racist and Hate-Based/Biased Incidents impacting or involving Students of the Avon Maitland District School Board (AMDSB) Procedure (the “Procedure”) supports the implementation of the AMDSB Equity Action Plan’s Call to Action: Identifying and eliminating all forms of systemic oppression and racism with the objective to identify and eliminate gaps related to access, experiences, and outcomes that contribute to oppression and marginalization of staff and students.The Procedure details steps and processes for reporting and responding to racist incidents, hate-based/biased incidents and hate crimes impacting or involving students in AMDSB learning environments.It is recognized that systemic forms of racism and discrimination are not reducible to interpersonal conflicts or “incidents.” Such a broader approach beyond what is prescribed in this Procedure is required to effectively address institutional and systemic forms of racism and discrimination (see Equity Action Plan 2021-2024).

 

2.0 Objectives

• To build system capacity to identify, document, respond to, remedy, prevent and learn from racist incidents, hate-based incidents, and hate crimes.
• To help inform, guide and support consistent, timely and appropriate responses to and communications about those involved or impacted by racist incidents, hate-based/biased incidents or hate crimes within AMDSB learning environments.
• To track and monitor racist incidents, hate-based incidents and hate crimes that involve or impact students within AMDSB learning environments and responses to these occurrences; to enable and support compliance with this procedure, early resolution, identification of potential local and systemic trends and gaps; and inform mitigating and transformative prevention measures.
• To establish precise individual and organizational roles, responsibilities, expectations and accountabilities in addressing racist incidents, hate-based/biased incidents, and hate crimes.

3.0 Definitions

Disaggregated data: Data that has been broken into categories, for example, by demographic criteria (gender, race), to reveal disparities and disproportionalities that are not easily detected in aggregated data.

Hate crimes: Criminal offences that are committed against persons or property which are motivated in whole or in part by hatred or bias based on the victim’s race, national or ethnic origin, language, colour, creed, religion, sex, age, mental or physical disability, sexual orientation, gender identity, or gender expression. 
This offence includes but is not limited to hate-motivated violence, incitement to hate-motivated violence, or the display of symbols or other representations identified with groups promoting hate and violence. 

It also includes crimes committed against persons associated or perceived to be associated with persons who belong to the OHRC protected groups.
Example: Early one morning, a school employee discovers anti-Semitic graffiti, consisting of multiple swastikas, spray-painted on a row of lockers.

Hate-based/Biased incident: Conduct that does not involve violence, threats or property damage that is motivated in whole or in part by hatred or bias based on the actual or perceived identity or group affiliation of a victim or victims. This includes the grounds of disability, gender identity, gender expression, sex, sexual orientation, family status, marital status, socio-economic status, and religion or creed. Hate-based/biased incidents based on race-related grounds, which may sometimes also include religion or creed, are addressed under the category “racist incidents.” A hate-based/biased incident can also encompass situations where conduct is directed against people associated with individuals and groups identified with these grounds. The conduct can be verbal, nonverbal or written. It may manifest itself in the form of slurs, insults, harassment, abusive gestures, taunting, display of offensive materials, or other acts which may intimidate, denigrate or marginalize the victim or victims.
Example: Upon transferring to a new school, a transgender student becomes the target of a small group of students who often refer to him (his preferred pronoun) as “she” or “it.” Occasionally, they also sit across from him in the lunchroom while reading, out loud, inflammatory passages from the writings of transphobic social commentators.

 

Learning environment: Refers to the location where students are engaged in curricular and extra-curricular experiences, which include but are not limited to schools, field-trip opportunities, cooperative education placements, AMDSB Remote Learning platforms, AMDEC platforms, etc.

 

Parent/guardian: Refers to an individual(s) on record with the school as a parent or legal guardian of a student. 

 

Racist incident: Refers to non-criminal conduct, which does not involve violence, threats or property damage, that is motivated in whole or in part by or is in effect, racism based on the actual or perceived identity or group affiliation of a victim(s), inclusive of the grounds of race or race-related grounds such as colour, ancestry, ethnic origin, place of origin, citizenship, religion or creed. A racist incident includes hate-based/biased incidents based on race-related grounds but excludes hate crimes based on race, which are to be classified as hate crimes. A racist incident can also encompass situations where conduct is directed against people associated with individuals and groups identified with these grounds. The conduct can be verbal, nonverbal or written. It may manifest itself in the form of slurs, insults, harassment, abusive gestures, taunting, display of offensive materials, or other acts which may intimidate, denigrate or marginalize the victim or victims.

 

SSIR Form: Refers to the Safe Schools Incident Reporting Form within the CORE that enables detailed incident reporting on racist, hate-based/biased and hate crime incidents impacting or involving students in AMDSB learning environments. It provides a record of employee and incident details and the hazard description. The SSIR Form also identifies witnesses or others involved or impacted, the consequences and factors that AMDSB employees, visitors, and contractors should consider, and action(s) taken or suggested. These details and responses to each occurrence will guide any action plans and communication strategies while allowing for identifying any potential lessons learned, good practices, future preventative measures required, and any other considerations toward systemic changes.

• Any incidents under section 306(1) of the Education Act if they are motivated by bias, prejudice, or hate.

This procedure applies to racist incidents, hate-based/biased incidents, and hate crimes impacting or involving students within the AMDSB learning environment. Note: For student and parent/guardian complaints of discrimination (including but not limited to allegations of racist or hate-based/biased incidents) against any Board employee or volunteer, see AP 405 Allegations Against Employees and Volunteers.

5.1 Expectations for Notification and ReportingWhere there are racist incidents, hate-based/biased incidents, and hate crimes impacting or involving students within the AMDSB learning environment, we all have roles and responsibilities, which at the minimum is to respond, report, and ensure a safe learning environment.

1. Director
   1. The Director of Education will notify the local Trustee about the incident, responses, and escalation criteria set out in 5.2(1)
   2. If the School Superintendent is involved or implicated in the incident, then the duty of convening an Executive Response Team, and related duties, will be taken up by the Director. In addition, the Director may at any time exercise their management prerogative to take leadership over the duties herein prescribed to the School Superintendents, if and whenever they deem it necessary.
2. Superintendent
   1. The School Superintendent will notify the Superintendent holding the Student Support Services portfolio, the Superintendent holding the Equity portfolio, and the Director of Education about the incident and response.
   2. If the Principal is involved or implicated in the incident, then the duties Principal will be taken up by the School Superintendent. In addition, the School Superintendent may at any time exercise their management prerogative to take leadership over the duties herein prescribed to the Principal, if and whenever they deem it necessary.
3. Principals/Vice Principals
   1. The Principal not involved or implicated in the incident, must, upon being notified or otherwise becoming aware of a racist, hate-based/biased incident or potential hate crime:
      1. notify the School Superintendent as soon as possible,
      2. contact the police as soon as possible, and
      3. report the incident and initial response through the Safe Schools Incident Reporting form (SSIR) within 24 hours (wherever possible, before the end of the school day).
   2. In addition to the steps outlined above, the Principal not involved or implicated in the incident must, as soon as possible:
      1. Address the immediate and potentially ongoing safety needs of all impacted parties
      2. Gather information from relevant parties and witnesses to determine what occurred
      3. Document and preserve all pertinent evidence
   3. The Principal, in consultation with the School Superintendent, will make the final decision about the appropriate response and course(s) of action. This decision will give due consideration to the Executive Response Team’s individual recommendations.
4. Executive Response Team
   1. If convened, the Executive Response Team will advise the Principal, and make individual recommendations for appropriate responses and action plans pertaining to
      1. safety and supports for students, staff or parents as required;
      2. addressing inappropriate behaviours;
      3. corrective and preventative measures (e.g. training/education); and
      4. future follow-up communications strategies.
5. AMDSB Staff (Educator and Non-Educator)
   1. Any AMDSB employee (including contract, temporary, permanent and occasional employees) who witnesses or otherwise becomes aware of a racist incident, a hate-based/biased incident or a potential hate crime impacting or involving a student must immediately report it to the school Principal or Vice-Principal and document the incident using the SSIR form.
6. Students
   1. Report any racist, hate-based/biased or potential hate crime to any staff member they trust as well as their parent(s)/guardian(s). Anonymous complaints may also be sent through the Anonymous Reporting Tool available on each school’s website.
7. Parents/Community members/Volunteers
   1. Any AMDSB service user (including parents, community members, and volunteers) who witnesses or becomes aware of a racist, hate-based/biased incident or potential hate crime should report it to an AMDSB employee. Anonymous complaints may also be sent through the Anonymous Reporting Tool available on each school’s website.

5.2 Consultation with Executive Response Team 

1. Based on the nature of the incident and legal advice, the Superintendents, in consultation with the Human Rights and Equity Lead Administrator, may convene an Executive Response Team within three working days, which may include, but is not limited to 5.2(3). 
2. Relevant considerations for whether or not to convene an Executive Response Team include (but are not necessarily limited to) the:
1. Scale, extent and intensity of the impact of the incident
2. The number of parties involved or impacted 
3. Occurrence of a previous incident at the school, or previous involvement of the same alleged victim or perpetrator 
4. Risks to persons or property 
5. Legal or reputational risks to the AMDSB
6. Public interest and impact 
7. Personnel capacity, subject matter expertise, and experience handling such matters 
8. Requirements to report to and consult particular parties under other relevant policies or procedures (e.g. AP 357 Violence-Free Schools and Threat Assessment) 
3. The Executive Response Team members may include, but are not limited to, in accordance with Expectations for Notification and Reporting for Superintendents:
1. Administration and staff at the affected school 
2. Human Rights And Equity Lead Administrator
3. School Superintendent 
4. Superintendent of Education, Student Support Services
5. Superintendent of Education, K-12 Program Services - Equity
6. Member(s) of Equity Steering Committee
7. Indigenous Education Lead
8. Manager, Health & Safety
9. Manager, Communications 
10. Parent Involvement Committee Chairperson
11. Employee Services 
12. Critical friends, subject matter experts and community advisory members
13. Indigenous Elders
14. Religious Leaders
15. Other parties (e.g. Director, Superintendent of Human Resources, Manager of Information Technology, etc.) may be needed based on the nature of the incident and required subject matter expertise
4. Members will receive a non-disclosing account of the incident, results of the investigation, mitigating factors, and administrative response(s) to the incident.
5. Members will have an opportunity to make individual recommendations for appropriate responses and action plans pertaining to 
1. safety and supports for students, staff or parents as required;
2. addressing inappropriate behaviours; 
3. corrective and preventative measures (e.g. training/education); and 
4. future follow-up communications strategies.
6. The Principal summarizes the individual recommendations to implement the aforementioned appropriate responses and action plans.
7. All Executive Response Team documentation will be stored in accordance with AP 195 and AP 196.

5.3 Coordinated Response and Monitoring

1. The School Superintendent will assign lead roles and responsibilities for any action plan items, as needed, within five (5) working days of convening an Executive Response Team. 
2. The Principal or their delegate will monitor 
1. implementation of action plan items, 
2. follow-up actions, if required, as appropriate, and
3. any continuing or new incidents that impact the school or learning environment. 
3. The Principal will use the SSIR Form to 
1. correct any inaccuracies in the incident report; 
2. capture recommendations of the response team; 
3. record completed or proposed action plans and communications; and
4. identify any potential lessons learned, good/best practices, future preventative measures required, and any other systemic considerations. 
4. The Director and School Superintendent may be granted access, upon request, to the online Incident Reports to obtain current status information to help advise and direct actions accordingly, provided they are not involved or implicated in the incident.
5. Timelines in this procedure may be shortened or extended in the event of extenuating circumstances, with approval from the appropriate Superintendent for any extension. Wherever possible, efforts will be made to meet or shorten designated timelines.
6. Where another AMDSB Policy or Procedure requires an earlier response, the earlier timeline will take precedence.

5.4 Communications

1. The School Superintendent, Human Rights and Equity Lead Administrator, and Principal will reach a consensus to determine appropriate communications to the school community. Where applicable, the communications department should plan the response in collaboration with the Executive Response Team.
2. Communications and follow-up with students impacted and involved in racist incidents, hate-based/biased incidents, or potential hate crimes and parent(s)/guardian(s) will be provided relevant updates, access to resources, and appropriate responses.

5.5 Human Rights and Equity - Racist/Hate-Based Incident Response Stages 

1. After the letters indicating that a racist incident, hate-based/biased incident or potential hate crime has been distributed, the Office of Human Rights and Equity has stages of responses to support the school and build capacity within the school board.

5.6 Data Collection, Analysis and Reporting

1. The Office of Human Rights and Equity together with the Data and Research Department will: 
1. Monitor and track reported incidents and responses in the SSIR Forms
2. Analyze data regularly to identify trends 
3. Support and advise Superintendents and administrators on appropriate action plans to address identified trends of concern, lessons learned, preventative measures and best practices. 
4. Prepare an annual report for the Director’s office for discussion and review with Senior Staff. 
5. Review and revise this procedure as required 
2. A report will be provided annually to the Board of Trustees with disaggregated data concerning incidents of, and responses to, racist incidents, hate-based/biased incidents, and hate crimes impacting or involving students in AMDSB learning environments, and make recommendations for professional development and school-based initiatives to build the capacity and understanding of equity-based needs in the system. 

5.7 Organizational Learning and Growth

1. As appropriate, the School Superintendent, Principal, and other relevant parties (e.g. Executive Response Team members, affected parties, etc.) will debrief about the incident and response, following response implementation, including any lessons learned, good/best practices, and potential systemic preventative measures going forward. 
2. Superintendents will 
1. review the Office of Human Rights and Equity together with the Data and Research Department’s analysis of disaggregate trends within their learning environments and any lessons learned or good/best practices identified within their Learning Centres;
2. determine organizational learning, capacity building and systemic change required on a go-forward basis in response to identified trends, and information featured in Annual Reports; and
3. direct and oversee implementation of any remedial or preventative action plans required within their Learning Centres or, as needed, across the entire system.

This administrative procedure will be reviewed and amended as required. At a minimum, the Office of Human Rights and Equity, with the support of the Equity Steering Committee, will review this procedure in the final year of the Equity Action Plan.

New January 2023