ST. ALBERT: The Alberta Teacher’s Association will no longer be responsible for disciplining its members if Education Minister Adriana LaGrange is successful in passing legislation this spring.
On Dec. 9, LaGrange announced she would first bring forward an order in council to immediately require the ATA to notify the province of complaints about its members, when received.
She said her department would also draft legislation to separate the teacher disciplinary process from the ATA’s mandate and functions.
The announcement comes after LaGrange said she learned the details of a 15-year-old case surrounding allegations of former Calgary Board of Education teacher Michael Gregory.
“After learning the disturbing details of this case, I realized more needs to be done right now — and that is why I am taking the following steps,” said LaGrange in a press statement.
In response, the ATA said in a statement: “LaGrange is spinning a 15-year-old discipline case as cover for the vindictive attack on teachers.”
As reported by the CBC, Gregory was a junior high school teacher with the CBE from 1986 to 2006. He was suspended for two years in 2006 for misconduct and during his hearing admitted to mentally and physically abusing students. He never returned to teaching after his suspension
In February of this year, RCMP charged Gregory with 17 counts of sexual assault and sexual exploitation of six students.
He committed suicide shortly after.
LaGrange said it is clear the ATA can no longer act as the investigator and prosecutor for complaints against its members.
The order in council would trigger a provision in the Students First Act requiring the ATA to notify the registrar at Alberta Education about complaints against its members.
As it stands, the ATA is only required to notify Alberta Education at the end of a disciplinary process if a matter goes to a hearing, including in cases where recommendations are made to the minister to suspend or cancel a certificate, said LaGrange.
ATA president Jason Schilling said the minister’s plans to split the teaching profession would only serve to destabilize and dismantle the public education system.
Dennis Theobald, ATA executive secretary, said the disciplinary process has not changed over the past 15 years.
Once a complaint is made, and it can be made by anyone, that complaint is investigated.
The matter then goes to the Professional Conduct Committee — which is not within the political control of the association — which “hears the facts and renders its decision as well as a recommendation on penalty,” said Theobald.
The ATA can only take away membership.
“What we cannot do is we cannot take away certification. That responsibility resides exclusively with the Minister of Education,” he said.
Theobald said the ATA was engaged in active discussions with the provincial government prior to the passage of Bill 85 — the Students First Act — because it wanted to see improvements to the discipline process for the ATA as well as for the minister.
“Remarkably, even though Bill 85 was introduced in the last few weeks and passed, there was no discussion whatsoever of the measure that was taken today,” said Theobald.
The Students First Act was first introduced in November and received royal assent on Dec. 2. The aim of the bill is to improve transparency, increase accountability, and streamline disciplinary processes for the teaching profession.
A public online registry will be created for Albertan teachers and leaders and will, among other things, post information 60 days after a minister renders a decision to suspend or cancel a certificate once the judicial review is complete.
The legislation will also require school authorities to obtain criminal record checks upon hiring, and again every five years.
Schilling claims it is the government’s own process that lacks transparency. And in the case of Gregory, it is the Calgary Board of Education that is being sued for inaction.
As reported by the CBC, a proposed class-action lawsuit was filed against the Calgary board and Michael Gregory’s estate for $40 million late this November. The lawsuit was filed in a Calgary courthouse by lawyers Jonathan Denis and Mathew Farrell. The plaintiffs are three former students who are seeking damages for the sexual and emotional abuse.
LaGrange said this case shows an obvious conflict of interest.
“Alberta’s government is committed to improving the teacher and teacher leader discipline process, including within the registrar’s own processes.”
In a recent Gazette opinion piece, Jeff Johnson, former minister of education for Alberta and the chair of the Council of Ministers of Education of Canada also said a profound conflict of interest exists.
Johnson gives LaGrange credit “for being courageous in stepping forward to lead this process.”
He says the minister is on the right track and deserves support.
“Serving the role of both prosecutor and defence doesn’t work in our justice system, nor in other professions. Other provinces have modernized their teacher investigation processes and it’s time Alberta did the same,” said Johnson.
St. Albert parent Danielle Newson doesn’t understand why a 15-year-old case is being used to justify changes to the current disciplinary process of the ATA.
“You're saying the system is broken, but you're using an example from 15 years ago. How was it broken?”
Newsome said she can’t help but feel the announcement was tied to the curriculum.
“Look at other professions. You've got doctors, lawyers, nurses, they all have their own regulatory body,” she said.
Newsome thinks the disciplinary system has worked well because of all the professional voices advocating for their children, including the St. Albert Public School Board and its work with parents on the draft curriculum.
“My son is in Grade 9 now. Every teacher I have encountered loves their job, loves my child, and has their best interest at heart. Our administrators are amazing. Our superintendent is awesome. Our board of trustees is great. Just like, there's so many people that you could go and talk to.
“I don't have a single concern.”
