Teachers have a duty to report alleged harm, abuse

A typical lunch break in the staff room takes an unexpected turn when a student enters and says, “My teacher just hit me.” Fifteen staff members are present and hear this report.

Now, who is responsible for reporting this alleged action? Is every staff member in the room obligated to file a report, or will someone else take care of it?

Section 3 of the Code of Professional Conduct for Teachers and Teacher Leaders outlines teacher and school leader responsibilities in such situations:

3. In relation to colleagues, the teacher or teacher leader shall

d. in addition to other reporting required by law, report to the Commissioner the conduct of another teacher or teacher leader who is alleged to cause or have caused psychological, emotional, physical or sexual harm or abuse to a student.

The phrasing of this element of the Code is problematic because, by the letter of the law, teachers must report to the Commissioner every allegation of potential harm or abuse of which they become aware. Whether it comes from first-hand experience or second- or third-hand accounts doesn’t matter. The requirement to report “who is alleged” leaves the individual teacher to use their own judgment in responding to the report, even when they have little or no evidence to substantiate the complaint. In theory, this could result in dozens, if not hundreds, of complaints being filed every day.

In the staff-room scenario, then, who is responsible for reporting? According to section 3(d), the answer is every teacher and teacher leader who heard the student’s claim.

But is that realistic? What would you write on the complaint form? What evidence could you provide? Do you have any first-hand knowledge of what occurred? And if an investigation followed, what could you tell the investigator?

A practical starting point is the Alberta Teaching Profession Commission’s Making a Complaint page, which outlines two steps to take before filing a formal complaint:

Address the concern at the school or school division level if possible.
If it cannot be resolved locally, then contact the Office of the Registrar.

Teachers who have called the Registrar in similar situations report being advised not to file a complaint if the allegation lacks first-hand accounts or supporting evidence. By contacting the Registrar, you are meeting your obligations under section 3(d) and will not face repercussions for failing to comply with the Code.

Of course, every case is different, and this element of the Code can involve many variables. Teachers are encouraged to contact the ATA’s Regulatory Affairs team with any questions or concerns at 1-800-232-7208 or professionaldiscipline@ata.ab.ca.