Alberta teachers could be investigated for failing to report abusive colleagues under new code

A new code of conduct for Alberta teachers requires them to report to authorities any colleague who harms or abuses a student.

The new code, which will apply to all of the province's 53,000 teachers as of Jan. 1, 2023, could see teachers who conceal their colleagues' abusive behaviour also be charged with unprofessional conduct.

The new code is part of a massive overhaul to how teachers are regulated in Alberta.

Earlier this year, the United Conservative Party government passed a contentious bill to appoint a new teaching commissioner, who will handle all formal complaints of unprofessional conduct and incompetence. Currently, the Alberta Teachers' Association (ATA) is in charge of investigating any allegations of wrongdoing by its 46,000 members, who teach in public, Catholic, and Francophone schools across the province.

Most teachers in private schools, charter schools, and on First Nations are not ATA members, nor are school superintendents. An arm of the education ministry investigates any allegations of misconduct against non-ATA teachers.

The expectations for both sets of teachers are different.

As of Jan. 1, Alberta's new teaching commissioner, lawyer Julia Sproule, will take over the regulatory process for all of the province's teachers in a new office with 20 employees in downtown Edmonton.

The government says the change is an opportunity to update and combine teachers' codes of conduct.

"With a consistent set of overarching principles, we can show Albertans our education system is more cohesive, integrated and inclusive, and we can more clearly demonstrate there is a high standard of conduct and professionalism among all teachers," Education Minister Adriana LaGrange said in a letter sent to all teachers late Wednesday afternoon.

The minister was not available for an interview.

Code prevents taking 'ideological advantage'

In a technical briefing on Wednesday, education officials said the new code explicitly states teachers are not to harm or abuse a student verbally, psychologically, emotionally, physically or sexually. The previous codes were not that specific.

The teaching commissioner would also consider causing risk of harm to students to be unprofessional conduct.

For the first time, the code specifies that teachers aren't to take "ideological advantage" of students' naivete — language adapted from the British Columbia Teachers' Federation's code of ethics.

The code will define ideological advantage as "perspectives taught to students in a biased manner with the intent to take advantage of a students uninformed or under-informed opinions" but excludes material in the curriculum.

Also new is the requirement that teachers respect people's dignity and rights as protected in the Alberta Human Rights Act and Canadian Charter of Rights and Freedoms.

Other requirements to respect students, parents and colleagues carry over from the current codes.

The government is also removing a requirement that teachers approach a colleague directly with a concern about their behaviour before escalating it to their supervisors. Officials hope this will create a safer environment for school employees who want to flag concerns.

To shape the new code, the government consulted with six education groups and four organizations that help the survivors of abuse and bullying. It also ran an online public survey for two weeks this fall, which received about 3,000 responses.

ATA president Jason Schilling said Wednesday he's pleased the government considered the association's feedback when crafting the new code. Teachers will welcome the protection of human rights, he said.

However, some teachers may bristle at the mention of "ideological" manipulation, Schilling said. The term is politically loaded, he said. Some provincial politicians have accused teachers of trying to torque how students see divisive issues.

After more than 80 years of disciplining its members, the ATA has lingering concerns about the government taking that complex function from the organization, Schilling said.

"I just hope the government knows what they're doing."

A tiny fraction of teachers are the subject of professional complaints. The ATA's 2021 annual report says it received 163 requests for new investigations that year, and 132 investigations were completed.

Hearing panels found 29 members guilty of unprofessional conduct in 2021. The education minister cancelled five of their teaching certificates and suspended five others' certificates. Others received penalties like reprimands or fines.

Although the new teaching commissioner will began accepting new complaints on Jan. 1, there is a six-month transition period when the ATA will conclude any ongoing discipline files.