Feeling Neglected?
What Boundaries?
Crime & Punishment
"I have rights!!!!"
Case studies
100
Landon and Cole are horse-playing on the bus after school. Landon accidentally breaks Cole’s finger. Could their teacher be held responsible - why or why not?
Yes. Teachers are responsible for students while they are on school grounds; however, students who 'bus' are still under the teacher’s responsibility during their bus ride until they arrive home.
100
Outside of teaching at the local high school, Mr. Winter enjoys playing Magic the Gathering (a card game) on Friday nights at his local comic book store.  Geoff, one of his students is randomly paired with Mr. Winter and they enjoy playing several rounds together as competitors.  That Monday, Geoff walks up to Mr. Winter’s desk and starts chatting with him about the card game. The teacher is now experiencing multiple relationships with his student Geoff. What problems could arise for the teacher?
Role confusion- where expectations of one role may conflict or be incompatible with the other. Power imbalance may also occur where students find it difficult to negotiate boundary expectations or defend themselves against violations of boundary expectations that are not in their best interest. Furthermore, relationship where either the teacher or student is in a position to give special favours, or hold power over the other, can present difficulties and may alter the professional relationship.
100
What does section 43 of the Criminal Code say?
Every school teacher, parent, or person standing in place of parent may use reasonable force as a way of correcting a pupil's or child’s behaviour.
100
Why was the Supreme Court of Canada's decision regarding the use of drug-sniffing dogs (Rowen article) to sweep a public Ontario high school controversial? The evidenced obtained was ...
...inadmissable as it infringed upon Section 8 of the Canadian Charter of Rights and Freedoms.
100
In R. v. M.R.M., a vice principal was made to believe that a 13 year old student had been dealing drugs and would be carrying drugs at a school dance that evening. It was found that there were reasonable grounds for search and seizure because of information received via ... (3 reasons)
1) a student who is considered credible, 2) more than one student, or 3) from a teacher or principal's own observations.
200
It was a bitter cold winter day and some ice has formed a slippery patch at the front doors. The custodian has not been able to de-ice the front door. A student entering the school slips and sprains her ankle. Is there any liability? If so which type?
Occupiers’ Liability (school being liable): if an injury is sustained as a result of the condition of a premises.
200
With regards to teacher-student boundaries, what major difference in experience could occur between rural and urban center teachers?
Teachers in large urban centres have a much easier time avoiding multiple relationships due to the large student pool from which to draw (easier to separate their professional from their personal life).
200
According to Gradinger (2005) in 'Teaching Children the Right Lesson', what was the basis for The Supreme Court of Canada decision to NOT repeal section 43?
Children’s dependence on parents and teachers for guidance and discipline, to protect [children] from harm and to promote their healthy development within society.
200
Children are not treated equally under the law as if they were adults. If a minor student's capacity is sufficient to warrant being treated as a mature minor -- wherein the law recognizes the student's right to have input -- this supports the core ethical principle of
autonomy
200
Striking the balance between 'rights' and 'order' within a school setting is complicated (as cited in McKay & Gerrans, 2005). Which case brought to light the conflict between maintaining students' right to freedom of expression vs addressing school violence? Why was it so controversial?
1) Schmunk Estate v. Medicine Hat Catholic Board of Education 2) Matt Schmunk allegedly committed suicide because he believed he would be suspended for a school prank and possibly not graduate; OR he was humiliated as a result of peer gossip, and being escorted to a police vehicle during the lunch hour.
300
What level of standard of care should be met by teachers that are supervising?
That of a careful or prudent parent
300
Sexual boundaries do not only refer to having sex with students, but may also refer to:
ANY OF THE FOLLOWING: -The intent to have sex -Acting upon attraction -Inappropriate physical contact -The sexual exploitation of students -The exchange of pictures
300
According to the Education Act, which two provinces still allow corporal punishment ...
Alberta & Manitoba
300
In Canada, Charter protected rights are 'subject only to such reasonable limits as prescribed by law as can be demonstrably ...
... justified in a free and democratic society'.
300
Teachers and principals must find the right balance between upholding values of the educational system, while acting on potentially violent or inappropriate student expressions. The Supreme Court of Canada has recognized that teachers' duties include an awareness of their role in values __________.
transmission
400
What ethical principle is most often brought to attention in cases of negligence?
Non-Maleficence
400
A special relationships arises between teachers and their students. This is known as ...
"a position of trust" or "a position of authority"
400
In 2004, the Supreme Court of Canada addressed the issue of physical punishment by teachers in Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General). What was the ultimate decision held by the majority regarding child rights?
A proper application of Section 43 of the Criminal Code does NOT violate a child's Charter rights or the Convention on the Rights of the Child.
400
TRUE OR FALSE: The Convention on the Rights of the Child (1990) is enforceable under Canadian law? Explain.
FALSE -- only enforceable under international law but does not form part of the laws of Canada.
400
"Religion, Public Education and the Charter" ... (Clarke, 2005) examines what role, if any, religion should have in Canada's public schools? What was the landmark decision in Chamberlain v. Surrey School District No. 36 on the rights of religion and sexual minorities and the use of books on same-sex parents?
Provincial schools must be conducted on strictly, secular principles ... the highest morality must be inculcated but no religious dogma is to be taught (School Act, Section 76)
500
A young child was sexually abused by the school custodian when sent down to the boiler room to empty the recycling box. The parents of the child could potentially sue for -- ?
Vicarious liability
500
In 1984, the Badgley Report on Sexual Offences Against Children and Youths was tabled, but ultimately resulted in the creation of section ________ to guide decisions on the relationship of dependency a student has with a teacher.
153(1) of the Criminal Code
500
Contemporary social consensus is that the use of physical punishment by teachers is not acceptable unless ...
... there is an instance in which a teacher needs to use reasonable, corrective force to restrain or remove a student.
500
Privacy is a basic human right under the Charter of Rights and Freedoms. However, a student should be aware that, within the need to maintain a safe school setting, the student has an expectation of
diminished privacy
500
Religious parents in the Chamberlain v. Surrey School District case claimed that their children were subjected to views at odds with those of the parents (home) when exposed to same-sex parent storybooks. This concept, of students being caught between what is learned at home and what is taught at school, is known as
'cognitive dissonance'
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