Abused boy’s mother demands accountability for school support staff Educational assistants fired after non-verbal Grade 1 student goes home with bruised arm, but circumstances remain a mystery more than two years later By: Katrina Clarke Posted: 7:00 PM CDT Friday, Apr. 28, 2023

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This article was published 28/04/2023 (862 days ago), so information in it may no longer be current.

A Winnipeg mother whose son was allegedly assaulted by two educational assistants is calling on the province to add EAs to its pending teacher registry.

The mother, who the Free Press is not naming to protect her family’s privacy, said Louis Riel School Division officials told her in 2021 that they fired two EAs after determining they abused her then-six-year-old son, who has Down syndrome and is non-verbal, and two other students. Two years and many unanswered questions later, that’s almost all she knows.

Now, she wants the province to include EAs in the proposed Manitoba teacher registry and for discipline against EAs to be made public, steps set to be taken for teachers if Bill 35, the Education Administration Amendment Act (Teacher Certification and Professional Conduct), is passed. She believes doing so would hold wrongdoers to account and prevent other families from going through what she endured.

“The whole system failed us,” she said in one of several lengthy interviews with the Free Press.

Her family’s ordeal started in September 2020 when she noticed a bruise in the shape of a handprint on her Grade 1 son’s arm. Alarmed, she took a picture — which the Free Press has viewed — and contacted the school. School officials told her they would investigate but months passed and she received no updates.

She noticed her son started to dread going to school.

The school principal and an assistant superintendent finally called at the end of the school year. They told her two EAs were fired after an investigation determined they committed “inappropriate conduct” against three children, including her son, involving physical and verbal abuse.

“I was in shock,” she said.

Ever since then, she’s been trying to get answers, knowing her son can’t speak up for himself.

“When my son was born it was my biggest fear something like this (would happen),” she said through tears.

Among her questions: How long had the abuse been going on? How many times had it been documented? What specifically happened to her son? The school initially didn’t tell her the names of the EAs, though she later found out when the matter was referred to Child and Family Services.

“When my son was born it was my biggest fear something like this (would happen).”

“Why are (the EAs) more protected than my son?” she asks. “It is mind-boggling.”

The Free Press requested an interview with the school principal and division superintendent but received a statement instead.

“Once the Division learned of the issues, it took interim measures, investigated the matter, reported the concerns to the proper entities, and took appropriate steps in the circumstances, following the investigation,” wrote Christian Michalik, superintendent of the Louis Riel School Division, in the prepared statement.

“The EAs at issue are no longer employed by the Division and the matter is currently outstanding as between the Division and the EA Union.”

Michalik wrote that he can’t comment further because the case involves “personnel matters.”

“Why are (the EAs) more protected than my son? It is mind-boggling.”

The mother said the school told her they referred the case to Child and Family All Nations Co-ordinated Response Network (ANCR). She followed up repeatedly, seeking answers and updates, and sat down with ANCR for an interview in November 2021. In December, she received a letter from ANCR stating the result of their investigation was “valid incident — no abuse.” She was told the “valid incident” referred to the handprint bruise — they believe someone caused it — but they weren’t able to determined who.

In an email to the Free Press, ANCR executive director Sandie Stoker said privacy provisions in the Manitoba Child and Family Services Act prevent her from disclosing specific case information.

The mother was also told the Winnipeg Police Service opened two case files. Her understanding from police is that those files remain “dormant.” Police confirmed they opened files related to the complaints but would not provide additional information.

David Jacks, spokesperson with CUPE, confirmed in a statement that the union represents EAs in the Louis Riel division but would also not speak to this specific case.

“The CUPE Local 3473 collective agreement contains a grievance procedure that allows workers who have been disciplined, up to and including termination, to file grievances,” Jacks said.

“If a grievance is filed, CUPE works with members to address and resolve it through the processes outlined in the collective agreement.”

All of this leaves the mother with more questions and concerns.

“We are looking for answers to get closure to move forward and… to better protect (our son) in a place that should be safe,” she wrote in one of many letters and emails to school officials viewed by the Free Press. “What scares us the most is all the incidents not reported or documented, how long has this been going on, and how many other victims? Preying on non-verbal children, this makes me sick sick sick.”

She worries those responsible in her son’s case could go on to work in another school, potentially putting other children at risk. Making discipline public and including EAs on a public registry would at least guarantee a greater level of transparency.

“That’s scary,” said Noni Classen, director of education with the Canadian Centre for Child Protection, upon hearing the mother’s story.

“If you don’t give people some information then they go in their head of what that could possibly be… worst-case scenarios.”

Last year, a report from the child-protection group found at least 252 current or former school personnel working in Canadian K-12 schools since 2017 committed or were accused of committing sexual offences against students. Most of the offenders were teachers, but 14 per cent were school support staff, administrators, bus drivers and others.

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Classen wants all people working or volunteering in schools to be subject to the same transparent processes as teachers laid out in Bill 35.

The proposed legislation would see an independent commissioner investigate complaints of misconduct or incompetence made against teachers. If the matter is referred to a public hearing, a panel made up of one teacher, one person appointed by the Manitoba School Boards Association and one member of the public, assesses the case and decides on discipline.

Currently, issues of misconduct are dealt with in secret by schools, the teachers’ union or the provincial Department of Education.

But the bill is silent on others who work in the school system.

In an interview with the Free Press, Education Minister Wayne Ewasko didn’t rule out including other school staff in a similar oversight system but said that’s not his current focus.

“I’m not going to say that something might not in the future come out but right now we’re specifically talking about teachers,” he said.

katrina.clarke@freepress.mb.ca

Katrina Clarke
Investigative reporter

Katrina Clarke is an investigative reporter at the Winnipeg Free Press. Katrina holds a bachelor’s degree in politics from Queen’s University and a master’s degree in journalism from Western University. She has worked at newspapers across Canada, including the National Post and the Toronto Star. She joined the Free Press in 2022. Read more about Katrina.

Every piece of reporting Katrina produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.