Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part Three

This is a continuation of a previous post

It is supposed to be a fundamental principle of criminal law that a person is presumed innocent until proven otherwise by the State (government). This is the ideology or the rhetoric (which much of the left have swallowed). The reality is otherwise. In reality, the administrative apparatus of various organizations of the government and semi-governmental organizations assume that you are guilty first and that you have to prove your innocence; otherwise, you suffer negative consequences.

An example is the requirements that the Ontario College of Teachers imposed on me in order for me to qualify as a teacher in the province of Ontario after I moved from the province of Manitoba. To qualify as a teacher in Ontario, you must gain the approval of the Ontario College of Teachers (OCT). The OCT website explains what this organization does:

ABOUT THE COLLEGE

The Ontario College of Teachers licenses, governs and regulates the Ontario teaching profession in the public interest.

Teachers who work in publicly funded schools in Ontario must be certified to teach in the province and be members of the College.

The College:

  • sets ethical standards and standards of practice
  • issues teaching certificates and may suspend or revoke them
  • accredits teacher education programs and courses
  • investigates and hears complaints about members

The College is accountable to the public for how it carries out its responsibilities.

You can find the qualifications, credentials and current status of every College member at Find a Teacher.

The College is governed by a 37-member Council.

  • 23 members of the College are elected by their peers
  • 14 members are appointed by the provincial government.

To qualify as a teacher in Ontario, among other things, you have to answer a questionnaire. On the questionnaire, there are questions concerning arrest–and since I was arrested by the RCMP (the Royal Canadian Mounted Police)  (but never convicted), I was obliged to prove my innocence in various ways.

I sent, along with my explanation, a table that I had constructed concerning my experiences (and the experiences of my daughter, Francesca) with the child welfare organization Winnipeg Child and Family Services (CFS), located in Winnipeg, Manitoba, Canada.

The table that I constructed about events is a revised version (always subject to change as I gather further evidence or order it better). I posted it earlier (see  A Personal Example of the Oppressive Nature of  Public Welfare Services).

Below is the second and third parts of the answer to the second question (relating to whether i was fired)

II. Issues about my teaching ability. This issue needs to be broken into three parts: the issue of my competency as a senior-high French teacher, my competency as a middle-years French teacher before my assignment as a glorified educational assistant in September 2011 and my competency as a middle-years French teacher during the period from September 2011 to February 2012.

B.

Middle-years French: Earlier, I had undoubtedly some difficulties in this area—especially classroom management issues. Many students simply did not want to learn French, and I had to teach it. Since I philosophically disagreed with forcing students to learn something that they found useless and resisted whenever they could, I did my best in a bad situation. That some students hated French was obvious—and understandable.

Nonetheless, despite this bad situation, when the principal, Randy Chartrand, evaluated me in November 2010, his assessment was generally favourable (see the accompanying evaluation).

C.

By the time I started school in September 2011, my heart was already pounding occasionally. Being assigned the role of educational assistant to one special-needs grade nine student in power mechanics for the morning (the school was on the Copernican system of quarterly terms, with two classes per day for senior-high students) was humiliating. Given that many students already knew that I had a doctorate, they undoubtedly would be wondering why I was assigned the role of educational assistant. Given that Ashern has only a population of about 1,400, so too would the community. I did not find any place where I could really relax.

I still taught the afternoon middle-years French classes. However, it was clear that the principal (and the superintendent) wanted me to resign. Evidence of this, in addition to my assignment to one special-needs student in September was the situation that I faced as a middle-years French teacher at the beginning of September, 2011, I did not know where I was to teach middle-year French at first. Furthermore, once I was assigned a classroom for middle-years French, it was where the foods and nutrition teacher taught her classes—hardly the ideal environment for teaching middle-years French. It was the only classroom where there were still chalkboards rather than whiteboards. Furthermore, Zumba classes were often held at noon in the classroom so that I had little time to set up for the class.

In October 2011, my heart was pounding to such an extent that I consulted a medical doctor to determine whether there had been any physiological damage. An EKG showed that there was no rhythmic problems at least. I received some medication to reduce the pounding, but the pounding continued.

On October 26, the new principal, the superintendent, an MTS representative and I had a meeting. It was at this meeting that I was obliged to undergo clinical supervision again (see below for a possible explanation for such a condition—and not my so-called incompetence as a teacher).

This entire situation undoubtedly affected some aspects of my teaching ability—in one classroom, mainly, where I had increasing problems of dealing with the students’ behaviour and lack of engagement. The small class with which I had particular problems found French boring. I tried to make it “interesting,” but obviously failed in that effort. I had had four of the students in previous French classes, and only one made any real effort to learn French. I had contacted the parents often for the other students, but this led nowhere.

Furthermore, I had increasing problems with classroom management in that class. The situation deteriorated further in that classroom from January 2011 onwards. The students, when they often refused to do something that I wanted them to do, would complain to the principal. At one point, the principal called me into his office concerning their complaints that I was instituting detention because of their lack of compliance with my requests (and I personally find detention to be purely punitive and hardly educative, but I was expected to control their behaviour, so I instituted detention against my own philosophical beliefs). I felt my hands were tied. When the students continued to disobey me, I did blurt out at one point, “Why do you not tell the principal to have me fired.” This assertion undoubtedly led to the February meeting with the principal, the superintendent, an MTS representative and me (although nothing was specifically said about this incident).

At the February meeting, the superintendent mentioned that due to my cancer and the arrest, intensive supervision would be necessary. The superintendent indicated that I would receive various supports in order to enable me to attain the teaching standard expected of me. Since my interpretation of the intent of placing me on intensive supervision was an extension of the control expressed in assigning me to be an educational assistant and assigning me to an inappropriate environment for learning French—especially in the middle years—I spoke to a member of the EAP program of MTS (I had been seeing him since October 2011), who suggested that I go on sick leave. This is what I did.

I was not fired, but the conditions in which I was working were already difficult. I then met with a representative of the Manitoba Teachers’ Society and the lawyer for the MTS. The lawyer informed me that I could grieve the requirement that I be placed on intensive supervision (the issue was grievable under Manitoba law), but I would still have to undergo the intensive supervision while the grievance was being processed, up to and including arbitration. Since I came to the conclusion that I had no further desire to work for that division, I resigned.

In any case, I was neither a great French teacher, nor the inept teacher that the principal made me out to be (see the accompanying combined report by the principal and my reply. The representative from MTS indicated that he thought that the report reflected badly—on the principal. He helped me edit it so that it was 30 pages in length (but unfortunately I do not have a copy of that report). [I subsequently found a copy of the report, which I have included in another series of posts.]

This is part of my explanation for answering “yes” in several of the questions.

Note that the Ontario College of Teachers presumed that a question of the firing of an employee requires the employee to justify her/himself and not the employer. The default judgement of semi- and governmental departments is that the employer makes legitimate judgements, and the (ex) employee has to justify her/himself in view of such judgments.

The social-democratic or social-reformist left, however, rarely even acknowledge this fact. Even the radical left (or what appears to be the radical left, often enough) fail to take such common experiences of the working class when they formulate their “strategies.” Thus, they are often blind to the need for persistent ideological struggle against this default view of the capitalist state.

2 thoughts on “Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part Three

  1. Hello. Thanks for following my blog. I noticed you also read and wrote about Marxist economics. I am reading Marx’s Capital Vol. 1. I also have experience within an actual Marxist party. Would be glad to discuss these issues.

    Bureaucratic tribunals oversee not only the workplace but all of social and political life under capitalism, even the revolutionary party itself. Any real commitment to democracy creates a threat to monopoly that can quickly snowball. For this reason state and media authorities always remain on alert.

    In order to unravel the bureaucracy, I believe, the best method involves focusing in on a sum and demanding its transfer, even in monthly payments. Materialism, as Marxists have always argued, must come first. Once sums are transferred, conditions come under negotiation and that is when revolutionary arguments really shine.

    Like

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