New protocol for schools, police shows improved relationship: OPP

To prevent tricks, there’s a new treat in the bucket for police and school boards.

On Oct. 31, four Simcoe County school boards and Simcoe County’s various police forces signed on to a new protocol that outlines how the boards and police will co-operate to make schools safer.

While not much is changing compared to the last version signed in 2019 from an operations standpoint, Collingwood/Blue Mountains OPP detachment commander Loris Licharson said the work that took place to get it signed is a symbol of more than what is on paper.

“I do believe that the work on the review and the signing of it, is indicative of a much improved, collaborative and engaged relationship between us,” said Licharson, adding that the school police committee has been reconstituted and all boards and police agencies in Simcoe County are now meeting semi-annually to address concerns as they happen.

When asked for a copy of the full protocol, a representative from the Simcoe County District School Board said that despite putting out a news release celebrating the signing, the document was not yet finalized as it required an additional signature.

However, the Simcoe Muskoka Catholic District School Board provided the document in full, and has posted it to their website here.

The protocol affects all four public school boards that serve Simcoe County: the Simcoe County District School Board, the Simcoe Muskoka Catholic District School Board, Conseil scolaire catholique MonAvenir and Conseil Scolaire Viamonde.

Police services that signed on to the protocol are the Barrie Police Service, Ontario Provincial Police (OPP), Rama Police, South Simcoe Police Service and Anishinabek Police Service.

Under the protocol, the following incident types require mandatory reporting to police by the school boards: all deaths, physical assault causing bodily harm requiring medical attention, sexual assault, robbery, criminal harassment, relationship-based violence, possessing a weapon including firearms, using a weapon to cause or to threaten bodily harm to another person, trafficking in weapons, illegal and/or restricted drugs, possessing an illegal and/or restricted drug, hate and/or bias-motivated occurrences, gang-related occurrences, extortion, non-consensual sharing of intimate images and bomb threats.

At the discretion of a school’s principal, police can be notified of the following types of incidents, although not a requirement: giving alcohol to a minor, a student being under the influence of alcohol, illegal and/or restricted drugs including cannabis, physical assault, threats of serious physical injury both on and off school property, incidents of bullying, vandalism and trespassing.

The police can access a student’s Ontario Student Record and other student records by warrant or subpoena, or with the written consent of a parent/legal guardian of the student, if the student is 16 or 17 years of age and has withdrawn from parental control (emancipated), or 18 years of age or older.

In extreme circumstances when there is imminent danger, police can access a student’s record without warrant.

In the absence of a warrant or court order, principals are advised through the policy to seek direction from their superintendent before releasing any information.

In emergency circumstances, reporting to police is done by calling 911. In non-emergency situations that require police involvement, school staff should report the matter to the school principal or designate, who will initiate police contact with the appropriate police service.

“Under exigent circumstances, or if the principal is being investigated, a police officer is not required to follow the procedures set out,” reads the protocol.

Upon notifying police of an incident, school staff are expected to separate involved students and refrain from taking written statements.

In the event that school staff are taking a statement while conducting an internal investigation and determine that a criminal offence has been committed, they shall discontinue the statement and notify police immediately. Any statement taken shall then be turned over to the police for purposes of an investigation if requested.

While the Canadian Charter of Rights and Freedoms (Section 8) states that “everyone has the right to be secure against unreasonable search and seizure,” the protocol makes clear that principals/ vice principals must advise all students at the beginning of the school year that desks and lockers are school property and there is no expectation of privacy on the part of the students.

Therefore, a search of such property is permissible by school administrators only. Any search done of a locker or desk would be done by an administrator with a second person present.

If the police wish to arrest or charge a student on school property, the police officer shall contact the principal of the school and advise of the nature of the visit and to request a meeting with the student. When timing is of the essence, the police may not be able to advise the school administrator immediately, but will advise the school administrator at the first opportunity of any students charged or arrested.

Subject to the Youth Criminal Justice Act, the school will be responsible to contact parents/guardians to inform them if their child is being arrested, unless the parents/guardians are also suspects or it could interfere with the police investigation. Parents will not be contacted if a student is over 18 unless permission is given by the student.

If there is a situation where police need to interview a student as part of an investigation, police must formally contact the school’s principal, advise them of the nature and request a meeting with the student. If approved, parents of students 17 years of age or under will be contacted and have the right to attend the interview if they choose. However, students aged 12 to 17 also have the right to waive having their parents/guardians present.

If the parent/guardian refuses to grant permission for the student to be interviewed by the police, the school administrator will request that the police conduct their investigation off school property.

It is the responsibility of a school’s principal to contact the parents/guardians of victims who have been harmed as a result of activity at the school, students receiving a suspension and any students interviewed by police during an investigation.

When both police and schools are conducting parallel investigations, school boards are bound by the Education Act, while police are bound by provincial and federal requirements.

“Working co-operatively and sharing good communication reduces the risk of jeopardizing an investigation and the subsequent judicial proceedings, while ensuring school administrators are able to meet their legislated responsibilities under the Education Act,” notes the protocol.

An appendix at the end of the protocol goes over the procedure when a lockdown occurs at a school.

A lockdown differs from other types of school protocols in that lockdowns specifically refer to a major incident with potential life-threatening violence in relation to the school.

Other types of school lock-ups include a hold-and-secure – when an incident is occurring outside but in the neighbourhood of a school – or shelter-in-place, which is used when there is an emergency weather situation.

In a lockdown situation, the school principal or designate is responsible for overall planning. The police are responsible for management of the threat and the subsequent criminal investigation. School staff has the overall responsibility for the safety and well-being of all students.

At the first indication of a major incident of school violence, school staff are expected to secure the area and immediately notify the administrator who will then announce a lockdown on the school’s PA system.

When feasible and safe to do so, the following information should be provided to the office to relay to police: location and number of suspects, whether suspect moving or stationary, their identity, a description of physical appearance (clothing, build, etc.), a description of weapons, a possible motive or threats made and any known injuries and location of casualties; 9-1-1 will be called immediately.

In the event of a lockdown, students are expected to report to the nearest secure area with a door. Students must follow the directions of any staff member, not just their classroom teacher.

Once inside a secure area, staff and students should stay away from doors and windows, be aware of sight lines, turn off lights, close blinds or window coverings (with prepared material) if safe to do so, take cover if available (get behind something solid), remain absolutely quiet and turn off cell phones unless communicating with a 911 operator.

Teachers take attendance, noting those who are absent and any additional students who have entered the room. They will use intercom handsets quietly when required to communicate with command post.

The decision to end a lockdown shall only be made by police. The conclusion of the lockdown shall be communicated over the P.A. system.

Following a lockdown, parents/guardians will be given information from the school board on how/when to collect their children. Police will be responsible to communicate with the media and general public about the incident, although releases are to be shared with the school board prior to releasing them to the public.

“This protocol underscores our commitment to safe learning environments through proactive partnerships with local police,” said Frances Bagley, director of education for the Simcoe Muskoka Catholic District School Board in a news release. “Working together, we’re creating positive spaces that support our students and staff.”

“We are grateful for the strong partnerships we have with police services in Simcoe County,” said Scott Young, superintendent of education with the Simcoe County District School Board.

The original protocol was signed in 2001, and his been updated every three to four years since. Going forward, the protocol will be reviewed every two years.

Meanwhile, Licharson also noted that the relationship between school boards and police doesn’t end with the protocol.

“I am very pleased tell you that we are currently working with the Simcoe County District School Board to try and create after-hours operational training opportunities for us here in Collingwood, and also to support and inform school staff with regards to active threat-type incidents,” he said.