Student assault allegations prompt changes to Schools Act

The top executives with Newfoundland and Labrador's two school districts will soon have the legal authority to refuse admission to a student who might pose a threat to others for behaviour outside school.

Education Minister Al Hawkins released details Tuesday of a proposed amendment to the Schools Act that was inspired by a tense situation at Stephenville High three months ago.

Move welcomed by NLTA, school districts

The move is being welcomed by the province's teachers' association, and leaders with the English and French school districts.

Hawkins said the current legislation does not allow for such action, but that will change on Sept. 1 once the new rules come into force.

"We are undertaking every effort to protect students' safety, the learning environment and ensure public confidence in our schools," Hawkins told reporters.

Administrators currentlyhave full authority to suspend or expel a student for bad behaviour at school, but there are no clear guidelines when it comes to questionable behaviour or allegations that occur away from the school.

This shortcoming became glaringly evidentin February after a male student at StephenvilleHigh Schoolwas accused of sexually assaultingfemale students outside the school.

Students felt re-victimized

An uproar ensued after the accused was allowed back to school, with some saying the females were being re-victimized and the situation was creating an atmosphere of fear and anxiety.

Tensions eased after the family of the accused agreed to keep him away from school, and receive instruction through distance education.

WhileHawkins would not speak to the Stephenvillesituation Tuesday, it's clearly what sparked action by government, with then-education minister Dale Kirby signalling at the time he welcomed changes.

• 'Horrific': Education minister says accusers shouldn't be in same classes as accused

Hawkins stressedthe new powerwill not be used as a punitive measure, andthe school will be required toprovide alternate learning through distance education or, in some cases, transfer to another school.

It's not intended to replace the current suspension/expulsion procedures.

Hawkins said refusal can only be authorized by the district CEO, and only when he or she is convinced that "someone's presence would be detrimental."

• Fear and anxiety at Stephenville High: Alleged sexual assaults cause uproar
• Youth advocate calls for changes to deal with Stephenville sex assault claims

The decision to remove a student will not be taken lightly and it's not anticipated to be used frequently,saidHawkins.

The school districts will be responsible for developing the criteria under which the new authority will be used, and it will be reviewed by both the school boards and the education department.

The proposed change follows extensive consultation with various groups, said Hawkins.

There will also be an appeal mechanism, and the refusal of admission must be reviewed every 15 days.