Board Policy 19: Vulnerable Sector Screening
Legal References:
Education Act, RSO 1990, c E.2, Sections 50(1), 265, 265(1)(m), 305(4); Criminal Records Act, R.S.C., 1985, c. C-47, Sections 6(3)(1); Human Rights Code, RSO 1990, c H.19; Police Record Checks Reform Act, 2015, S.O. 2015, c.30; Trespass to Property Act, R.S.O. 1990, c. T.21, Sections 2, 305(4); R.R.O. 1990 Reg. 298: Operation of Schools - General, Sections 11-11.1; Ontario Regulation 521/01: Collection of Personal Information, Section 1
Related References
Board Policy 2 Board Job Description; Board Policy 5 Board Members Code of Conduct; Board Policy 6 Role of the Trustee; Board Policy 11 Board Representatives; Board Policy 9 Board Governance (Qualifications, Resignations and Vacancies)
A Trustee may visit a school, but the right to do so is subject to the duty of the school principal to ensure the safety of the school environment, and to exclude from the school any person whose presence would in their judgement, be detrimental to the physical or mental well-being of the pupils.
Students are deemed to be vulnerable persons, who because of their age, disability or other circumstances whether temporary or permanent are in a position of dependency on others and at a greater risk than the general population of being harmed by a person n a position of trust or authority towards them.
Accordingly, the Avon Maitland District School Board requires a Vulnerable Sector Check (“VSC”) from all new employees, service providers, volunteers and Trustees, who will have any direct contact with students.
Prior to taking the Oath of Office, Trustees must therefore submit a VSC current to within 6 (six) months, to the Secretary of the Board. The VSC must verify that there have been no charges, convictions or court orders against the Trustee that could impact the safety of students, as determined by the Director of Education.
Trustees must also submit an Offence Declaration prior to each Annual Meeting of the Board that is not an Inaugural meeting, in the form attached as Appendix A to this Policy. An Offence Declaration is a sworn personal attestation, which does not require independent police verification and does not need to include references to offences for which the person has not, or has not yet, been convicted.
Only Trustees who have provided a current VSC and annual Offence Declaration satisfactory to the Director of Education, may attend events at which students are or may be present.
Trustees may attend any Ontario Provincial Police detachment to request a Vulnerable Sector Check, or they may complete an online application at the following link: https://www.opp.ca/index.php?id=147
Appendix A - Criminal Offence and Vulnerable Sector Check Declaration Form
Issued April 2024