"We would like to acknowledge that we are meeting on the traditional territories of the Lhtako Dene Nation"

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1 QUESNEL SCHOOL DISTRICT BOARD OF EDUCATION HUMAN RESOURCES COMMITTEE MEETING ADMINISTRATION BUILDING NOTICE OF MEETING AND AGENDA THURSDAY, MARCH 30, 2017 Page 1 Call to Order 2:15 P.M. "We would like to acknowledge that we are meeting on the traditional territories of the Lhtako Dene Nation" 2 Adoption of Agenda a) Adoption of Agenda for Thursday, March 30, 2017 THAT the Agenda for Thursday, March 30, 2017 be adopted as presented Adoption of Minutes a) Adoption of Minutes of Thursday, February 23, Human Resources Department Report a) Human Resources Department Report: Human Resources Officer Sandra Backer Policy Reviews a) Policy Employment Equity Program - Aboriginal Employees b) Policy & Procedures Criminal Records Review Act - Employees 6 Other Page 1 of 27

2 7 Next Meeting Date a) Next Meeting Date: Thursday, May 25, 2017 at 2:15 p.m. 8 Adjournment Page 2 of 27

3 AGENDA ITEM # 3a) QUESNEL SCHOOL DISTRICT BOARD OF EDUCATION Minutes of a Human Resources Committee Meeting of the Board of Education held in the Board Room on Thursday, February 23, 2017 at 2:15 p.m. PRESENT: IN ATTENDANCE: OTHER: REGRETS: CALL TO ORDER Mr. D. Chapman (Chairperson), Ms. G. Jackson, Mr. H. Schonke, Ms. J. Runge, Superintendent of Schools S. Miller Secretary-Treasurer B. Ketcham Director of Instruction Human Resources P. Lofstrom Human Resources Officer S. Backer Recording Secretary T. Ruether CUPE Representative K. Kinloch Mr. T. Goulet QPVPA Representative W. Klics "We would like to acknowledge that we are meeting on the traditional territories of the Lhtako Dene Nation" The meeting was called to order at 2:17 p.m. INTRODUCTIONS Introductions were made by everyone in attendance. ADOPTION OF AGENDA Adoption of Agenda for Thursday, February 23, 2017 M/S/C THAT the Agenda for Thursday, February 23, 2017 be adopted as presented. ADOPTION OF MINUTES Adoption of Minutes of Thursday, January 26, 2017 There being no errors or omissions to the minutes of Thursday, January 26, 2017, the minutes were adopted as previously circulated. HUMAN RESOURCES DEPARTMENT REPORT Human Resources Department Report: Human Resources Officer Sandra Backer Human Resources Officer Sandra Backer presented her report to the Committee and noted that one more TTOC has been hired. Discussion ensued regarding TTOC's as well as casuals in other departments. Director Lofstrom and Ms. Backer both provided an update on the CNC job fair they attended in Quesnel. Discussion ensued on recruitment strategies including the use of social media. Superintendent Miller advised that the district is currently looking into starting a Facebook page. Adoption of Minutes of Thursday, February 23, 2017 Page 3 of 27

4 AGENDA ITEM # 3a) Human Resources Committee Thursday, February 23, 2017 POLICY REVIEWS Policy & Procedures Shared Teaching Responsibility Director Lofstrom provided background information on this policy and advised that this gives teachers who want to work part-time an opportunity to do so with another teacher. Discussion ensued. M/S/D THAT Policy & Procedures Shared Teaching Responsibility be deferred to the next Human Resources Committee meeting. M/S/C THAT Policy & Procedures Shared Teaching Responsibility be recommended to the Board of Education for first and final reading with no changes. Policy & Procedures In-District Teacher Exchanges Director Lofstrom reviewed the policy with the Committee and advised that although it is not used often, it does allow some teachers who have only taught in one school to try out another school. Discussion ensued. M/S/C THAT Policy & Procedures In-District Teacher Exchanges be recommended to the Board of Education for first and final reading with no changes. NEXT MEETING DATE ADJOURNMENT Next Meeting Date: Thursday, March 30, 2017 at 2:15 p.m. The meeting adjourned at 2:42 p.m. Adoption of Minutes of Thursday, February 23, 2017 Page 4 of 27

5 AGENDA ITEM # 4a) HUMAN RESOURCES COMMITTEE SANDRA BACKER HUMAN RESOURCES OFFICER HR Report Teachers Teaching on Call Since the last Human Resources committee meeting we have re-hired two teachers as TTOCs. At this time we are pursuing eight additional applications. Among those applications are two that are moving to the community and some that have expressed strong interest and personal ties to our community. Most are not available to start until September. Support Staff Casuals We have added the following Support Staff to date: Bus Drivers - 1 Student Supervisor 2 (additional applications are being reference checked) Student Support Workers 2 (additional applications are being reference checked) We continue to seek applications for secretaries, education assistants and strongstart casuals. Meetings Attended a Managers meeting Met with the Secretary Workshop committee Upcoming events Joint Job Evaluation training CUPE HR/Payroll meeting Grievance meetings UNBC job Fair Admin team budget meetings Sandra Backer Sandra Backer Human Resources Officer Human Resources Department Report: Human Resources Officer S... Page 5 of 27

6 AGENDA ITEM # 5a) SCHOOL DISTRICT NO. 28 (QUESNEL) P O L I C Y NO.: EMPLOYMENT EQUITY PROGRAM ABORIGINAL EMPLOYEES Human Resources Committee Ref: RATIONALE: The District has a significant number of Aboriginal students. The hiring of staff with Aboriginal Ancestry would fulfill a cultural and/or traditional language role; as well as, provide Aboriginal role models for all students. The Board recognizes that Aboriginal principals, teachers and support staff are under represented in the public education system. The Board will actively support hiring qualified Aboriginal staff. It is an objective of the District to hire a corresponding percentage of Aboriginal staff to the Aboriginal student population. POLICY: The Board endorses a B.C. Human Rights Tribunal approved Employee Equity Program for teachers, support staff and management. Adopted: July 2008 Reviewed: November 2013 Policy Employment Equity Program - Aboriginal Employee... Page 6 of 27

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19 AGENDA ITEM # 5b) SCHOOL DISTRICT NO. 28 (QUESNEL) P O L I C Y NO.: CRIMINAL RECORDS REVIEW ACT - EMPLOYEES Human Resources Committee Ref: Criminal Records Review Act RATIONALE: The Quesnel Board of Education believes that all employees should be recruited on the basis of merit and to provide the best possible educational and support services to students. The Quesnel Board of Education agrees that one of the fundamental obligations of our society is the protection of children and/or vulnerable adults from abuse. POLICY: The Quesnel School District fully supports the Criminal Records Review Act and, effective January 1, 1996, will implement mandatory Criminal Record Check legislation for current and new employees "working with children" and/or vulnerable adults within the Quesnel School District, and renewed every 5 years in accordance with the Act. In the Act, "working with children" means working with children directly or having or potentially having unsupervised access to children: a.) in the ordinary course of employment, b.) or in the practice of an occupation, or c.) during the course of an education program; In the Act, working with vulnerable adults means working with vulnerable adults directly or having or potentially having unsupervised access to vulnerable adults: a.) in the ordinary course of employment b.) in the practice of an occupation, or c.) during the course of an education program. The purposes of the Criminal Records Review Act are to prevent: a.) the physical and sexual abuse of children, and b.) the physical, sexual and financial abuse of vulnerable adults by requiring individuals to whom this Act applies to undergo criminal record checks. Adopted: September 1993 Amended: February 1996, July 2008, April 2011, April 2014 Reviewed: October 2013 Policy & Procedures Criminal Records Review Act - Empl... Page 19 of 27

20 AGENDA ITEM # 5b) SCHOOL DISTRICT NO. 28 (QUESNEL) P R O C E D U R E S NO.: CRIMINAL RECORDS REVIEW ACT - EMPLOYEES Human Resources Committee Ref: Criminal Records Review Act PROCEDURES: 1. Obtaining authorization for a Criminal Record Check 1.1 Criminal Record Checks for Teachers will be managed by the Ministry of Education, Teacher Regulation Branch. 1.2 A successful job applicant, other than a Teacher, for a position in the Quesnel School District must provide a signed Consent to a Criminal Record Check Authorization form or complete the online process using the link and unique access code provided by the Criminal Records Review Program. If the successful applicant does not provide a signed Consent to a Criminal Record Check Authorization form or complete the online process, they will not be hired. 1.2 Any costs associated with a Criminal Records Review process will be the responsibility of the job applicant. Costs associated with the five year re-checks will be absorbed by the District. 1.3 The cost of Student Supervisor criminal record checks will be absorbed by the District as per number 5 in Procedures No. 243 Student Supervisors. 1.4 Persons hired as casual StrongStart Facilitators will also have the costs of their criminal record checks absorbed by the District. 1.5 A person's employment with the School District will not be ratified until the foregoing procedure has been completed. 2. Current Employees 2.1 Current employees who work with children and/or vulnerable adults must provide the District with a signed Consent to a Criminal Record Check Authorization form or complete the online process using the link and unique access code provided by the Criminal Records Review Program. If an employee does not provide a signed Consent to a Criminal Record Check Authorization form or complete the online process, when requested, the employment of the employee may be terminated. 2.2 Applicant's and employees who are members of the Ministry of Education, Teacher Regulation Branch, or any other person who is registered in a governing body, will have to provide their Consent to a Criminal Record Check Authorization form to the Ministry of Education, Teacher Regulation Branch, or other governing body. Policy & Procedures Criminal Records Review Act - Empl... Page 20 of 27

21 AGENDA ITEM # 5b) NO.: CRIMINAL RECORDS REVIEW ACT cont d. 3. When Someone is at Risk 3.1 An individual is considered at risk when he/she has been found by an Adjudicator to present a risk of physical or sexual abuse to children and unless that determination is overturned by the registrar under section 5 of the Criminal Records Review Act, if the individual is an applicant for employment, the individual will not be hired for a job that involves working with children, or if the individual is an employee, the District or the governing body must ensure that the employee does not work with children. The employment of the employee may be terminated if the individual is a member of a governing body and the District is notified by the governing body that the employee has been found, by an adjudicator, to present a risk of physical or sexual abuse to children, the District must immediately ensure that the employee does not work with children. The employment of the employee may be terminated. 3.2 An individual is considered at risk when he/she has been found by an Adjudicator to present a risk of physical, sexual or financial abuse to vulnerable adults and unless that determination is overturned by the registrar under section 5 of the Criminal Records Review Act, if the individual is an applicant for employment, the individual will not be hired for a job that involves working with vulnerable adults, or if the individual is an employee, the District or the governing body must ensure that the employee does not work with vulnerable adults. The employment of the employee may be terminated if the individual is a member of a governing body and the District is notified by the governing body that the employee has been found, by an adjudicator, to present a risk of physical, sexual or financial abuse to vulnerable adults, the District must immediately ensure that the employee does not work with children. The employment of the employee may be terminated. 4. Requests for Fingerprinting 4.1 Individuals whose date of birth and gender match someone listed on the national database of pardoned sex offenders will be notified by the Criminal Records Review Program that they need to undergo fingerprinting to verify their identity. Adopted: September 1993 Amended: March 2003, July 2008, April 2011, October 2013, April Policy & Procedures Criminal Records Review Act - Empl... Page 21 of 27

22 AGENDA ITEM # 5b) NO.: CRIMINAL RECORDS REVIEW ACT. cont d. 4.2 If a current employee is asked to undergo fingerprinting to verify their identity during the five-year re-check process, they must comply. Costs associated with fingerprinting will be reimbursed to current employees by the District upon receipt of proof of payment. Employees must notify the Human Resources Department immediately upon being requested to undergo fingerprinting. 4.3 If a newly hired employee is undergoing their first criminal record check with the District and are asked to undergo fingerprinting to verify their identity, they must comply and they must notify their Supervisor and the Human Resources Department immediately. Costs associated with the fingerprinting process are the responsibility of the newly hired employee. 5. New Conviction or Outstanding Charges 5.1 If an employee who works with children and/or works with vulnerable adults is charged with or convicted of a relevant offense subsequent to a Criminal Records Check, the employee must promptly report the charge or conviction to the District and provide the District with a signed Consent to a Criminal Record Check Authorization form or complete the online process for a further Criminal Record Check. If the employee is a member of the Ministry of Education, Teacher Regulation Branch or other governing body, they must promptly report new charges or convictions to the Ministry of Education, Teacher Regulation Branch or other governing body. Any costs associated with this process will be the responsibility of the employee. 5.2 If the District becomes aware that, a.) an employee who works with children has an outstanding charge for, or has been convicted of, a relevant offense, or b.) an employee who works with vulnerable adults has an outstanding charge for, or has been convicted, of a specified offence, the District must request the employee to provide a signed Consent to a Criminal Record Check Authorization form for a further Criminal Record Check. Any costs associated with this process will be the responsibility of the employee. 5.3 If the employee is also a registered member, the District must take reasonable steps to notify the registered member's governing body that it is taking action under subsection 12 (2) of the Criminal Records Review Act. 6. Consequences of Non-Compliance: Penalties 6.1 If a successful applicant or current employee refuses to provide a signed Consent to a Criminal Record Check Authorization form/complete the online process, or fails to notify of new convictions or outstanding charges, it is against the law for the District to let this person work with children and/or vulnerable adults. Adopted: September 1993 Amended: March 2003, July 2008, April 2011, October 2013, April Policy & Procedures Criminal Records Review Act - Empl... Page 22 of 27

23 AGENDA ITEM # 5b) NO.: CRIMINAL RECORDS REVIEW ACT. cont d. 6.2 The District or employer who refuses to comply with its legislative duties under the Act may be committing an offense. In addition, that employer may be subject to court proceedings or loss of funding or licensing. 7. Technical Procedures 7.1 Teachers, Principals, applicable Senior Administrators and other professional District teaching staff will receive their Consent to a Criminal Records Check Authorization form directly from the Ministry of Education, Teacher Regulation Branch and should comply with instructions received from the Ministry of Education, Teacher Regulation Branch Canadian Union of Public Employees (CUPE), Local 4990 staff, Exempt Staff and other casual employees should obtain their Consent to a Criminal Record Check Authorization form or the link and unique access code for the online process through the Human Resources Department of the District Administration building No Criminal Record Check will be conducted without the signature of the employee The Authorization form must be completed in block letters All sections must be completed, where specified, on the Authorization form. Incomplete Authorization forms will be returned to the potential employee for completion When using a paper form, the signed, completed Consent to a Criminal Record Check Authorization form must be returned to the Attention of the Director of Instruction - Human Resources and will be retained for auditing purposes. Once the completed form is returned an online Request for a Criminal Records Check will be conducted. The Criminal Records Review Agency will notify the office of the Director of Instruction Human Resources once the check is completed by issuing Notice of Criminal Record Check Results. A copy of the Notice of Criminal Record Check Results will be retained in the appropriate personnel file When using the online process, The Criminal Records Review Agency will notify the office of the Director of Instruction Human Resources once the check is completed by issuing a Notice of Criminal Record Check Results. A copy of the Notice of Criminal record Check Results will be retained in the appropriate personnel file. 8. In the Act, "working with children" means working with children directly or having or potentially having unsupervised access to children: a.) in the ordinary course of employment, b.) or in the practice of an occupation, or c.) during the course of an education program; Adopted: September 1993 Amended: March 2003, July 2008, April 2011, October 2013, April Policy & Procedures Criminal Records Review Act - Empl... Page 23 of 27

24 AGENDA ITEM # 5b) NO.: CRIMINAL RECORDS REVIEW ACT. cont d. In the Act, working with vulnerable adults means working with vulnerable adults directly or having or potentially having unsupervised access to vulnerable adults: a.) in the ordinary course of employment b.) in the practice of an occupation, or c.) during the course of an education program. 8.1 A criminal record review is mandatory for all positions within School District No. 28 (QUESNEL). Adopted: September 1993 Amended: March 2003, July 2008, April 2011, October 2013, April Policy & Procedures Criminal Records Review Act - Empl... Page 24 of 27

25 AGENDA ITEM # 5b) QUESNEL SCHOOL DISTRICT ATTACHMENT A POLICY 216 CRIMINAL RECORDS REVIEW ACT OFFENCES REVIEWED UNDER THE CRIMINAL RECORDS REVIEW ACT The following sections of the Criminal Code (Canada) are designated as relevant offences for those working with Children: Section 151: Sexual Interference Section 152: Invitation to Sexual Touching Section 153: Sexual Exploitation Section 153 (1): Sexual Exploitation of a person with a disability Section 155: Incest Section 159: Anal Intercourse Section 160: Bestiality Section 161: Order of Prohibition Section 163.1: Child Pornography Section 170: Parent of Guardian Procuring Sexual Activity Section 171: Householder Permitting Sexual Activity Section 171 (1) Making Sexually Explicit Material Available to a Child Section 172: Corrupting Children Section 172 (1) Luring a Child Section 172 (2): Agreement or Arrangement-Sexual Offence Section 173 (1): Indecent Acts Section 173 (2): Exposure Section 177: Trespassing at Night Section 179: Vagrancy Section 212 (1): Procuring a Person for the Purposes of Prostitution Section 212 (2): Living Off Avails of Child Prostitution Section 212 (2.1): Living off the Avails of Child Prostitution, Aggravating Circumstances Section 212 (4): Attempting to Obtain the Sexual Services of a Child Section 215: Duties of Persons to Provide Necessities Section 218: Abandoning Child Section 220: Causing Death by Criminal Negligence Section 221: Causing Bodily Harm by Criminal Negligence Section 229: Murder Section 235: Punishment for Murder Section 236: Punishment for Manslaughter Section 237: Punishment for Infanticide Section 238: Killing Unborn Child in Act of Birth Section 239: Attempt to Commit Murder Section 240: Accessory after Fact to Murder Section 242: Neglect to Obtain Assistance in Child Birth Section 243: Concealing Body of Child Section 244: Causing Bodily Harm with Intent Section 245: Administering Noxious Thing Section 246: Overcoming Resistance to Commission of Offence Section 264: Criminal Harassment Section 264.1: Uttering Threats Policy & Procedures Criminal Records Review Act - Empl... Page 25 of 27

26 AGENDA ITEM # 5b) Section 266: Assault Section 267: Assault with a Weapon or Causing Bodily Harm Section 268: Aggravated Assault ATTACHMENT A POLICY 216 CRIMINAL RECORDS REVIEW ACT Offences Reviewed Under the Criminal Records Review Act Section 269: Section 271: Section 272: Section 273: Section Section 279: Section 279.1: Section 280: Section 281: Section 282: Section 283: Section 372: Section 466: Section 810: Section 810.1: Unlawfully Causing Bodily Harm Sexual Assault Sexual Assault with a Weapon Threats to a Third Party or Causing Bodily Harm Aggravated Sexual Assault Removal of Child from Canada Kidnapping/Forcible Confinement Hostage Taking Abduction of Person under Sixteen Abduction of Person under Fourteen Abduction in Contravention of Custody Order Abduction False Messages/ Indecent Telephone Calls/ Harassing Telephone Calls Cruelty to animals Where Injury or Damage Feared Where Fear of Sexual Offence The following sections of the Controlled Drugs and Substances Act (Canada) is designated as a relevant offence. Section 5: Section 6: Section 7: Trafficking in substance Importing and exporting a substance Production of a substance Relevant and Specified Offences Reviewed for those working with Vulnerable Adults For those working with vulnerable adults or vulnerable adults and children, all the relevant offices listed above are reviewed. In addition, for those working with vulnerable adults the following sections of the Criminal Code (Canada) are designated as specified offences and are also reviewed: Section 162: Section 241: Section 334: Section 336: Section 342: Section 344: Section 346: Section 348: Section 349: Section 351: Section 355: Voyeurism Counseling Suicide Theft Criminal Breach of Trust Theft, Forgery of Credit Card Robbery Extortion Breaking and Entering Unlawfully in a Dwelling Possession of Break-in Instrument Possession of Stolen Goods Adopted: February 1996 Amended: July 2008, April 2011, April Policy & Procedures Criminal Records Review Act - Empl... Page 26 of 27

27 AGENDA ITEM # 5b) ATTACHMENT A POLICY 216 CRIMINAL RECORDS REVIEW ACT Offences Reviewed Under the Criminal Records Review Act Sections 362, 363: False Pretences Section 367: Forgery Section 368: Uttering Forged Documents Section 372: Harassing Calls Section 380: Fraud Section 423: Intimidation Section 430: Mischief Endangering Life Section 433: Arson Disregard for Human Life Adopted: February 1996 Amended: July 2008, April 2011, April Policy & Procedures Criminal Records Review Act - Empl... Page 27 of 27

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