1 Sharon Lingle From: CLEARPOINT Governing Board <[email protected]> Sent: Friday, May 12, 2017 1:52 PM To: Consultations Subject: Re: Consultation Launch - By-law 9: Complaint Examination Procedure Hi. Just wanted to inform you that our GB reviewed the Complaint Examination Procedure consultation and decided that we did not have any comments or questions. Thank you very much and have a great day! Alberto Sanchez Governing Board Chairperson Clearpoint Elementary School 17 Cedar Avenue Pointe-Claire, QC H9S 4X9 [email protected]On Fri, Apr 28, 2017 at 2:55 PM, Consultations <[email protected]> wrote: Good afternoon, The consultation for By-law 9: Complaint Examination Procedure was launched by Resolution 2017-04-#14 at the Regular Council of Commissioners Meeting held on April 24, 2017. Due to the volume of documents relating to this launch, in lieu of attaching them to this email, we have made them available to everyone here: http://www.lbpsb.qc.ca/eng/Consultations/Consultationsv2.asp. This version of By-law 9 now contains 2 parts: the Complaint Examination Procedure (9-A) and the Complaint Examination Procedure for International Students (9-B). Please provide any comments before June 15, 2017 by replying to this email. As a result of the modifications to the Education Act, effective July 1, 2017, brought about by Bill 105, the Lester B. Pearson School Board updated the Complaint Examination Procedure. In order for the Complaint Examination Procedure to be available to students and parents before the start of the next school year, a 45- day consultation period is necessary. In light of these circumstances, Governing Boards, who will not be able to meet in the next 45 days, could consider exchanging comments by email or organizing a special meeting. The previously adopted version of this bylaw is available on our website at: http://www.lbpsb.qc.ca/content/policies/By_laws/ByLaw9_EN.pdf. Thank you for your input. Best regards, Sharon Lingle Executive Secretary Corporate Affairs & Legal Services Lester B. Pearson School Board 1925 Brookdale ave. Dorval, QC H9P 2Y7 (514) 422 - 3000 ext. 30310
Hi. Just wanted to inform you that our GB reviewed the Complaint Examination Procedure consultation and decided that we did not have any comments or questions. Thank you very much and have a great day! Alberto Sanchez Governing Board Chairperson Clearpoint Elementary School 17 Cedar Avenue Pointe-Claire, QC H9S 4X9 [email protected]
On Fri, Apr 28, 2017 at 2:55 PM, Consultations <[email protected]> wrote:
Good afternoon, The consultation for By-law 9: Complaint Examination Procedure was launched by Resolution 2017-04-#14 at the Regular Council of Commissioners Meeting held on April 24, 2017. Due to the volume of documents relating to this launch, in lieu of attaching them to this email, we have made them available to everyone here: http://www.lbpsb.qc.ca/eng/Consultations/Consultationsv2.asp. This version of By-law 9 now contains 2 parts: the Complaint Examination Procedure (9-A) and the Complaint Examination Procedure for International Students (9-B). Please provide any comments before June 15, 2017 by replying to this email. As a result of the modifications to the Education Act, effective July 1, 2017, brought about by Bill 105, the Lester B. Pearson School Board updated the Complaint Examination Procedure. In order for the Complaint Examination Procedure to be available to students and parents before the start of the next school year, a 45-day consultation period is necessary. In light of these circumstances, Governing Boards, who will not be able to meet in the next 45 days, could consider exchanging comments by email or organizing a special meeting.
The previously adopted version of this bylaw is available on our website at: http://www.lbpsb.qc.ca/content/policies/By_laws/ByLaw9_EN.pdf. Thank you for your input.
The governing board at Evergreen approves the updated Complaint Examination Procedure. Thank you. On Fri, Apr 28, 2017 at 2:55 PM, Consultations <[email protected]> wrote:
Good afternoon, The consultation for By-law 9: Complaint Examination Procedure was launched by Resolution 2017-04-#14 at the Regular Council of Commissioners Meeting held on April 24, 2017. Due to the volume of documents relating to this launch, in lieu of attaching them to this email, we have made them available to everyone here: http://www.lbpsb.qc.ca/eng/Consultations/Consultationsv2.asp. This version of By-law 9 now contains 2 parts: the Complaint Examination Procedure (9-A) and the Complaint Examination Procedure for International Students (9-B). Please provide any comments before June 15, 2017 by replying to this email. As a result of the modifications to the Education Act, effective July 1, 2017, brought about by Bill 105, the Lester B. Pearson School Board updated the Complaint Examination Procedure. In order for the Complaint Examination Procedure to be available to students and parents before the start of the next school year, a 45-day consultation period is necessary. In light of these circumstances, Governing Boards, who will not be able to meet in the next 45 days, could consider exchanging comments by email or organizing a special meeting.
The previously adopted version of this bylaw is available on our website at: http://www.lbpsb.qc.ca/content/policies/By_laws/ByLaw9_EN.pdf. Thank you for your input.
Hello, we do not have any comments on this procedure from Margaret Manson. Thank you Julie-Ann Leblanc On Fri, Apr 28, 2017 at 2:55 PM, Consultations <[email protected]> wrote:
Good afternoon, The consultation for By-law 9: Complaint Examination Procedure was launched by Resolution 2017-04-#14 at the Regular Council of Commissioners Meeting held on April 24, 2017. Due to the volume of documents relating to this launch, in lieu of attaching them to this email, we have made them available to everyone here: http://www.lbpsb.qc.ca/eng/Consultations/Consultationsv2.asp. This version of By-law 9 now contains 2 parts: the Complaint Examination Procedure (9-A) and the Complaint Examination Procedure for International Students (9-B). Please provide any comments before June 15, 2017 by replying to this email. As a result of the modifications to the Education Act, effective July 1, 2017, brought about by Bill 105, the Lester B. Pearson School Board updated the Complaint Examination Procedure. In order for the Complaint Examination Procedure to be available to students and parents before the start of the next school year, a 45-day consultation period is necessary. In light of these circumstances, Governing Boards, who will not be able to meet in the next 45 days, could consider exchanging comments by email or organizing a special meeting.
The previously adopted version of this bylaw is available on our website at: http://www.lbpsb.qc.ca/content/policies/By_laws/ByLaw9_EN.pdf. Thank you for your input.
Good morning, Please find below a few comments from the members of the Govderning Board of the PACC Career Centre regarding the consultation for Bylaw 9. Consultation Launch - By-law 9: Complaint Examination Procedure 1) Use the same terminology as in the Bylaw: The "secretary general" box should be the "Director of Secretariat" ( assuming this is referring to the same person) 2) The complaint can go directly to the director of schools when it is regarding a principal or center director. A yellow arrow should indicate this on the diagram 3) The complaint can go straight to the ombudsman ONLY when intervention is necessary to prevent harm. Suggest that the yellow line goes directly to the ombudsmen and the "if intervention is necessary to prevent harm" box is written in italics along the arrow ( similar to other parts of the document). 4) There should also an explanation along the big green arrow from "council informs complainant" to "student ombudsmen". It could also be in italics or in an oval box like the Education act is. It should read "procedure 1.1 request for reconsideration" Why is there is a separate complaint procedure for international students (9B-1) as it is absolutely identical; and there is no special reference to international students in the bylaw? Thank you. Rosanna Zappavigna Chair, PACC Governing Board (514) 531-7662 www.ciusss-ouestmtl.gouv.qc.ca
Wednesday, May 17, 2017 Me. Geneviève Dugré Assistant Director of Secretariat and Legal Services Lester B. Pearson School Board 1925 Brookdale Avenue Dorval, QC H9P 2Y7 Subject: Consultation of By-Law 9A and By-Law 9B, Complaint Examination Procedure
Dear Me. Dugré, In regard to this proposed by-laws, the Special Needs Advisory Committee supports the Council's efforts in preparing this consultation for the LBPSB community to comment on. SNAC would like to provide the following input:
GENERAL FEEDBACK:
● The by-law proved to be a challenging read and as a result, likely to discourage parents/students from initiating an official complaint.
● We feel that the slides in Annex A- outlining the steps, provided a clearer picture of the complaint examination process.
● We think that the procedures for filing a complaint and making a request for reconsideration seem cumbersome.
● We believe that due to the length of the process and the amount of time and energy it would require to follow thru, complainants are unlikely to fully pursue a complaint, even if they feel it is warranted.
● We feel that the stipulations for having the Ombudsman intervene and examine a complaint before it has passed through the various steps, should be broadened.
QUESTIONS AND CLARIFICATIONS:
● On page 2 of By-Law 9A, the last sentence of paragraph 1 states:
“It is understood that all individuals involved in this process will interact respectfully at all times and will maintain the confidentiality of the individuals involved.” In the event that confidentiality is not respected by the complainant, would this be grounds for the complaint being dismissed?
● On page 4 of By-Law 9A, the first sentence of paragraph 1, item 4.1 states:
“Only the student concerned or his parent(s), if the student is a minor, may make a complaint.”
Does this mean that if the student is not a minor, the parent cannot make a complaint? Does this clause also apply to students with special needs whom, although legal age, may require a parent to intervene on their behalf?
● On page 9 of By-Law 9A, in the sixth paragraph, item 8.6 states:
“The School Board will make the by-law available on the School Board website along with the contact information for the Student Ombudsman.”
No mention is made of the contact information for Regional Directors, the Director General or their delegates, or the Secretary General; whom are all potentially part of the complaint examination process. Will this information be easily accessible on the School Board website for complainants?
● What qualifications or specific titles must the Student Ombudsman have?
SPECIFIC RECOMMENDATIONS:
1) In addition to making the by-law available on the School Board website, ensure each school/center also includes either the by-law, or a direct link to it, on their school/center website.
2) On Individual Education Plans, include not only that there is a complaint examination procedure, but also where it can be accessed. Specific mention of Annex A and Annex B may also be beneficial.
3) In Annex A- Steps Powerpoint, include where and how to access the contact information for the person(s) to whom the complaint will be addressed at each step.
4) Include, within the policy, that complaints regarding the conduct of a staff member should be directed to the Center, School or Department head of said staff member, who will then forward the complaint to Human Resources.
5) At each step of the complaint examination procedure, ensure decisions are rendered within a reasonable delay by setting a specific time frame for said delays. The Student Ombudsman must give the Council of Commissioners an opinion on the merits of the complaint within 30 days after he received it, and, if required, recommend any appropriate corrective measures. Specific time frames need to be applied to all steps of the complaint examination procedure to ensure complaints are handled expediently and without unnecessary delay.
It is our hope that most parents and students are able to address and resolve any issue they may have at the school/center level. However, when that is not possible, we would like to ensure that students and their parents have a process that is both clear and expedient that aids them in resolving their conflicts. SNAC feels strongly, that the by-law as written, will likely result in limiting the complaints that will be made by students or their parents. We encourage the Council of Commissioners to consider the recommendations we have provided.
Thank you for the opportunity to participate in this consultation. Respectfully, Jennifer DiMarco - Chair Special Needs Advisory Committee, 2016-2017
From: Student OmbudsmanSent: Friday, June 09, 2017 3:58 PMTo: ConsultationsSubject: Re: Consultation Launch - By-law 9: Complaint Examination Procedure Dear Mrs Lingle, I hope this message finds you well. As the Ombudsman of the School Board, I would like to give my inputs to the procedure you reviewed withyour committee. The comments below are made in coherence with the posture and framework that I am working with, whichis in line with the literature related to the Ombudsman function. The posture explains how the Ombudsman sees its role. The use of the framework is meant to analyse thecomplaints received and to identify in a more objective way what part of the interaction generated theimpression of inequity that led parents or students to contact the Ombudsman. The postureRegarding the posture of the Ombudsman, since the complaint procedure gives it a right to inquire after theGeneral Director level, it acts in the meantime as a listener and an advisor to the complainant. It helps tostructure the complaint and to refer the complainant to the relevant authority. The frameworkThis framework tackles 3 aspects that are taken into account by a person to evaluate whether s/he havebeen treated fairly. The description of those three aspects is voluntarily general and it is made in order toprovide you with some parameters. The first one is the Distributive aspect of the decision. It evaluates how the resources and burdens related tothe decisions have been distributed. It is useful to see if the rules (be it legal norms or organisational ones)that apply to a certain situation produces a fair results or not. The second one is the Procedural aspect of how the decision has been taken. It evaluates whether or not thecomplainant was given the chance to voice its concerns, provide and receive the relevant information to beable to make relevant representations about its case. The third one is the Relational aspect that was put forward while dealing with the complaint process and thepersons that were invested with decisional powers. It evaluates the respect and the quality of the dialoguethat have been put in place by the person with most power. It is important to note that in this context, it is thequality of the dialogue the person with the decisional power has instilled in the treatment of the complaint.However, the Ombudsman doesn’t ignore the attitude of the complainant that might contribute to theescalation of the complaint. The commentsI will provide my comments by referring to specific articles of the general procedure. I will add afterwardsspecific comments regarding the one for the International Students. Therefore, the comments made aboutthe general procedure apply also to the one for the International Students. If you want to take in consideration those comment but need more information, do not hesitate to let me
know. I will be happy to provide. Article 1When it says “in a mutually agreeable manner”, it might be relevant to talk about fairness which, if defined inthe definition section with the 3 aspects of the framework used by the Ombudsman, could help thecomplainant to frame its complaint into this said framework. It could also raise awareness to theadministration about those three aspects and specifically to underline that the relational aspect is important,since it is at the core of most complaint received for the last 9 months I’ve been appointed. If deemed relevant for the launching of the procedure, I will be happy to write a Newsletter to theAdministrative personnel and explain in more details about those three aspects. They will therefore beprovided with the different elements that underlies those three aspects and used them as guidelines incarrying on the complaint process. 3.2 ComplaintInstead of talking about “dissatisfaction”, the expression “the unfairness perceived” or the “impression ofinequity” could be used in order to be coherent with what was mentioned below. 3.3 Reconsideration of a decisionWhen you mention the principles of the sections 9-12 must be follow, would it be possible to outline whatthey are? It might give a chance to the SB to mention what is their interpretation of those sections. 3.4 Student OmbudsmanIt could be relevant to add that the role of the Ombudsman, before being able to enquire about a complaint, itcan listen, advise, support and refer to the relevant authority. Those 4 roles are coherent with what is expected from the Ombudsman generally speaking. It could alsocomfort the parents that they can have access to a neutral professional to revert to when they want to makea complaint. A lot of the parents that contacted me have the will to be a “good complainant”, i.e. they want to bereasonable and are often wondering if they are overreacting. Contacting the Ombudsman is often a way forthem to validate their point of view, make it clearer and evaluate whether or not the possible results ofcarrying on with a complaint would give them is in line with their expectations. To the possible extent, it might be useful to define what “harm” means. In some situations, the fact that astudent is suspended and sent home obliges the parents to take a day off from work and restraint theavailable budget for the household. There are other situations where students consider their being bullied bytheir teacher (even if those are rare cases) what leads them to develop anxiety, hinder their performance atschool etc... It is a very wide notion that might deserve to be made more precise. Maybe a reference to theCharter of Rights could be a useful way to achieve this precision. 4. General principle - The principle of confidentiality could be mentioned or at least the possibility to request it by the personthat will examine the complaint. In some situation parents are afraid that complaining will put their child atrisk of retaliation. The retaliation can translate for example; into unfair evaluation from the teacher the studentdisagree with, which makes it difficult to prove and might increase the breach of trust that the parent feelstoward the school.- I would suggest adding that a respectful attitude is requested by both parties. That will help to makecomplainant responsible about their attitude that could fuel the conflict and for which the Ombudsman has
little ground to address. When done, it needs a lot of diplomatic skills to bring the subject in a way that won’thinder the perception of impartiality that its position has to give to foster and maintain the trust with thecomplainant.
4.3. About “all the pertinent information”, if the framework proposed above is accepted, they could be mademore precise by stating the three levels: the decision, the procedure, the quality of the relation/dialogue. Itcan be also a good place to mention the complainant should identify its expectations regarding the outcomeof the complaint. It will be therefore coherent with the Complaint form they are asked to fill before going tothe General Director level.
4.4./4.5. It might be relevant to specifically mention the Ombudsman in “the person of his choice”. It will betherefore coherent with the 3 other roles the Ombudsman can play that was mentioned before.
Process
5.1. It might be relevant to add in an Appendix an updated list of the contact information so the parents canrefer to if they want to contact a specific person.
Detailed process
5.2. The footnote #2 might be put in the section 4.
The fact that a complainant makes a complaint in writing, should he receive a reply in writing as well, like itwas in the previous procedure?
5.3. The expression “final decision” should be defined in order to include the decisions that are madeverbally during informal discussions as well. Also, there are also back and forth discussions and negotiationbetween the parties before the final decision is made.
If the delay of response is not reasonable, should the complainant be allowed to proceed to the next levelwithout being sent back to the level where they didn’t receive an answer from? Should they call theOmbudsman, the General Secretary?
5.7 b) Complaint not subject to reconsideration
While reading carefully this article, I feel it should provide options to the complainant in order to give him/herthe satisfaction that something will be done regarding its complaint. What I can suggest for my point of viewis to make mediation available for example, when it is important that a relationship of trust should bepreserved in order to make the environment conducive to education. A reference to the Annual report of theOmbudsman can be made, i.e. those issues can be reported in a specific report to the Commissioners (notmade public, with anonymity of the parties).
This reporting could help the Commissioners to determine what kind of awareness could be made to thepersonal in order to reduce the occurrence of those situations in the future.
Processing Procedures in the Case of the Reconsideration of a Decision
6.2 Do the Ombudsman is taken into consideration amongst the person that can be designated? Is there adelay within which the report of the finding should be issued?
6.3. The fact that complainant can bring proofs to support their complaint might be relevant since lots ofparents have e-mail exchanges with staff to support their views. If made possible, it can make the evaluationeasier since it won’t be one’s word against the other’s.
6.4. Is it the right to apply or the right to appeal?
7. Intervention of the Ombudsman
7.2. I suggest that the phrase “objectively, without any biais or partiality” would be changed by “with neutralityand impartiality”. It boils down to the same thing but those 2 principles are the core ones of the Ombudsmanfunction.
The second sentence, I suggest that it put in more positive terms because the way it is written gives theimpression the Administration wants to prevent the Ombudsman to act, which could fuel the suspicion or thelack of trust the complainant might be already having because of the complaint process.
Instead, it could be said that the Ombudsman has the possibility to issue non binding recommendation to theBoard of Commissioners in order to prevent the recurrence of similar issues. Those recommendationsshould not contribute to put him/her in a situation of conflict of interest, namely to have no personal stake inthe possible outcomes coming from what have been recommended to the Administration.
In this section, the principle of confidentiality could be explicitly mentioned. Confidentiality is already thecorollary of impartiality, i.e. providing “sensitive” information to the administration without the permission ofthe complainant could be seen as taking sides. Saying it clearly can also help the complainant to trust theOmbudsman.
7.4. It might be more “user friendly” to use the expression “unfounded” instead of “frivolous, vexatious ormade in bad faith”. I might be a detail but it refers to a less confronting or conflict-prone concept.
7.5. Same thing for the expression “intervening would clearly serve no purpose”.
7.6. It might be relevant to define what could be considered a “serious fault”.
7.7. It might be relevant to identify clearly who will clear the path to have access to the staff member andhelp with the logistics, unless it have to be understood that the Ombudsman is the one to deal with thepossible reluctance of the staff.
7.9. Does the Ombudsman allowed to make a follow up or someone else is responsible to inform thecomplainant about the measures that have been taken? In some situation, it can be relevant to consider thisaspect on following up if it is the SB concern to foster or re-establish the trust that has been hinderedthroughout the complaint process.
7.12. Should be moved with 7.2
8. Final provisions
8.1. What can be done if there is retaliation, because there is sometimes? Should they be directed to a higherlevel right away instead of the teacher directly and the principale?
8.3. This section is already in the contract of the Ombudsman and already implied in a previous article (7.2.)
8.4. By October 1 of each year. What “action taken” are we referring to? An inquiry? A referral? The actiontaken by whom? The Ombudsman or any staff member? If it is by any staff members, the Ombudsmanshould have the possibility to make a follow-up on the measures taken.
8.6. By what means the parents and students shall be informed of the present complaint examinationprocedure?
International Student Procedure
- In all the sections that refer to students and parents, it might be relevant to add the guardian or therepresentative of the Student while the International ones might not have their parents or relatives than canact as such. In some cases, students might not want to involve their parents when they have problems inorder to not worrying them.
3.4. Student Ombudsman
It might be relevant to give the Ombudsman a stronger responsibility to support and advice InternationalStudents since they might be by themselves here.
Process summary for international students
5.1 In the centers, does it include the organisations that are related to the inscription to the school, i.e. therecruiting agencies?
The specific activities of the International Department, do they include those that are off campus?
5.2. Does it include the administrative issues that are related to inscription and cancelations, etc...?
Simplification of the procedure
In order to simplify the procedure, to make it “user friendly” and to give a more humane touch, I would like tobring to your attention the existence of the organisation “En clair”. They are 3 lawyers who helporganisations to simplify rules and procedures of institutions like School Boards. They all former employeesof Educaloi and their expertise are uncommon when it comes to legal simplification.
If you are interested in knowing more about this organisation, please follow this link. The informationprovided on it is only in French but they are all fluent in English so they can easily work in both language.https://enclair.ca/
Caroline LemayStudent Ombudsman / Protecteur de l'élèveLester B. Pearson School BoardTel: 514-422-3000 Ext 30370
