Review Board Criticizes School's Investigation Report

In a recent appeal filed under section 311.7 of the Education Act, the Child and Family Services Review Board (the CFSRB) overturned and quashed the expulsion of a student (the Student). The Student allegedly committed sexual assault, sexual harassment, bullying,and was alleged to have contributed to an "underground culture" of sexualized behaviour and talk that pervaded a Grade 8 classroom.

In reaching its decision, the CFSRB weighed two important takeaways for students: the need to deter inappropriate behaviour involving sexual violence, and the right of every accused individual to be afforded a fair and just proceeding that allows him or her to challenge any allegations made against them. Ultimately, the CFSRB found that the case put forth by the responding Halton

District School Board (the School Board) was rife with "inherent unreliability" due to a foundation built upon "double hearsay and triple hearsay," deciding in favour of the Student.1

Facts

In March 2019, a female pupil (the Female Complainant) under the care of the School Board alleged that she was the victim of a months-long course of sexual assault and harassment, which included sexualized talk, behaviour, and a "don't tell" mentality.2 The pupil complained of inappropriate and unwanted touching off-campus, as well as at lunch and recesses when teachers were not present, with other peers acting as lookouts to protect their friends. The Female Complainant described a pervasive, overtly sexualized and unsafe atmosphere that seemed to have taken over a Grade 8 class. Four boys, all of whom were expelled (including the Student), directed the vast majority of these events.

Specifically, the Female Complainant alleged that there were:

two instances of inappropriate touching of her body by the Student; several instances in which sexually inappropriate comments and sexist jokes were made at her expense by the Student and others; consistent questions from the Student about what the complainant "had done" sexually; and sexualized physical gestures and sounds made by the Student and others towards the Female Complainant.3 This inappropriate behaviour caused significant mental distress for the young female, who was unable to return to class for a length of time, and was forced to complete the remainder of her Grade 8 schooling by doing work in the office and at home. She is now enrolled at a Grade 9 program in a different town.

In April 2019, the school principal expelled the Student...