If you have been asked by a representative of the Board to be interviewed as a witness in an investigation that involves a fellow OSSTF member, the Toronto Teachers’ Bargaining Unit Executive provides the following advice:
- co-operate with the investigation and be forthright in your answers;
- keep the matter confidential;
- restrict your answers to factual and dispassionate information of which you are sure, avoiding unnecessary speculation, opinion or characterization;
- you are not required to make any unsolicited statement which indicates culpable behaviour on your part;
- in the event you are concerned the investigation may relate to culpable behaviour on your part, or you are questioned with respect to your own behaviour, you should request an opportunity to consult with your Executive Officer before answering the question;
- you are not required to make any unsolicited statement which indicates culpable behaviour on the part of another member who is not the subject of this investigation unless you are otherwise required to do so by law, eg. reports of child abuse;
- if you feel uncomfortable answering any particular question you should request an opportunity to consult with your Executive Officer before answering the question;
- you have the right to seek confidential advice from OSSTF with respect to the investigation;
- you may wish to take notes during or immediately after the meeting, although such notes may later have to be produced in a legal proceeding.
If, during the investigation, you make an adverse report on a fellow member, you must inform that member in a written statement as per OSSTF Regulation 2.3.3.1.2
An adverse report is any information reported to the employer that might have a negative impact on the member’s career.
2.3.3. Duties of Members to Other Members
2.3.3.1. A member shall: (A.15)
2.3.3.1.2. on making an adverse report on another Member, furnish that Member with a written statement of the report at the earliest possible time and not later than three days after making the report. (A.15)
2.3.3.1.2.1. Notwithstanding Regulation 2.3.3.1.2, this obligation shall not apply to: (A.24)
2.3.3.1.2.1.1. matters related to the Child, Youth and Family Services Act; (A.19)
2.3.3.1.2.1.2. investigations the procedures of which stipulate the confidentiality of proceedings; and (A.19)
2.3.3.1.2.1.3. matters pertaining to Human Rights on all protected grounds under the Ontario Human Rights Code and harassment allegations. (A.22)
2.3.3.1.3. prior to registering a complaint of harassment or bullying against another member, inform the member, either personally or through a representative, that the actions are unwelcome and must cease; (A.15)
In the circumstance that you are required to make an adverse report, you are advised to consult with your Executive Officer immediately.
If, as a result of your answers during the investigation, you suspect that you may be subject to discipline by the Board, or you are informed that you may be subject to discipline by the Board, you are advised to consult with your Executive Officer immediately.