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.

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.

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

This is a continuation of a previous post.

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.

Below is the first part of the answer to the second question:

I. 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.

In May, 2011, during a staff meeting, the incoming principal for the year September 2011, Neil MacNeil, attended. During the staff meeting, he stated that he wished he could teach French, but unfortunately, he could not. Subsequent to that meeting, he invited me into a personal consultation. He informed me that I would no longer be teaching senior-high French as of September 2011. He implied that I was responsible for the decline in the number of students in the French program.

I taught French in a serious manner—I am not a “fun” teacher. For example, for one senior French class, I gave the combined grade 11 and 12 students the option of either writing a final exam or doing a final project on the genocide in Rwanda (I had purchased some material in French in relation to this issue earlier). Both sets of students chose the project (with appropriate modifications for expectations according to the grade level); they had to do some research related to the issue on the basis of a particular aspect that they had chosen and present their findings to the class and a short written report to me—both in French.

As a teacher, it is not my responsibility to sugar-coat a subject. If there is interest in a subject, then the person, if s/he is to learn, must conform to the conditions for learning that subject rather than to such external requirements as “having fun” (see the accompanying section from my dissertation pertaining to John Dewey’s analysis of drawing, which is relevant for the determination of what real interest involves).

My own assessment of my competency as a French senior-high school teacher was that I was probably better than average—although pedagogically I still had a lot to learn. I certainly was a much better senior-high school teacher than a middle-years teacher. The stripping of my position as a senior-high French teacher—ostensibly because of declining enrollment in the French program—humiliated me. The only evidence for such an action was the declining enrollment—hardly a rational ground for such an action—unless there is a causal relation between declining enrollments and incompetent teaching.

Looking at the issue of demographics of the school, the number of Aboriginal students in the school steadily was increasing (with problems associated with poverty rather than concern for learning what to many of them undoubtedly was a useless language). Mr. MacNeil’s refusal to look at the relevance of demographics in explaining the decline in enrollment in the French program is indicative of an inadequate grasp of the real situation (or, alternatively, the declining enrollment was simply used as an excuse to strip me of the position for political reasons).

In fact, the year that I left the school, the proportion of Aboriginal students was about two thirds. The former principal, Randy Chartrand (who himself is of Aboriginal background), had already attributed the decline in interest in French to the changing demographics of the student population. The reference to Aboriginal students is relevant since, during the time that I was a French high-school teacher at the school, I had only one Aboriginal student (and I adapted the course for her so that she would learn according to her own capacity). In general, the Aboriginal population has its own problems, quite distinct from the richer, mainly Caucasian (and dwindling) student population. Learning French was hardly one of the priorities of the majority of the student population or their parents. One parent, in fact, ask why we did not offer Aboriginal languages.

When I phoned Randy for a reference in 2013, he mentioned that the student population was even needier.

In any case, I generally enjoyed teaching French at the secondary level. I can only recall one student in grade 10 French who argued that I was a bad French teacher. He had negotiated with his parents the right to go to France provided that he attend grade 10 French. He went to France, but when he was obliged to take the grade 10 French class subsequently, he resisted and resented having to take it. Even when I began my chemotherapy treatments in mid-June 2009 (I felt that I should try to finish the school year), his attitude was very negative.

The same year, there was one parent of a high-school student who complained that his son, who was a student in the 90 percent range the previous year in French, was only receiving grades in the 60 percent range (the parent also worked at Ashern Central School as head custodian). I replied that his son was not making sufficient effort to obtain a grade of 90 percent. To learn anything requires effort. I did not indulge the student nor the parent. (The student, in fact, was a friend of the other student who claimed that I was an incompetent teacher.)

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

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 often 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 (OCT) 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 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. Despite no conviction, in other words, I had to prove my innocence. The social-democratic or social-reformist left, of course, are silent about such conditions (they are probably unaware of them).

Below is my answer to the first question:

I. Explanation for the investigation of Dr. Fred Harris by the CFS [Child and Family Services] and the RCMP [Royal Canadian Mounted Police–the national police in Canada] (related to the accompanying table, which forms part of the explanation):

In all probability, my daughter panicked when I gave her the letter concerning my operation related to cancer; I categorically deny ever having choked my daughter. (My daughter recently told me that she had subsequently indicated to either the WCFS or to the RCMP that I had not choked her).

She may also not been able to face the fact that she had been violent towards her father when he had cancer. The only action that I regret is throwing the tea. I certainly had no intention of hurting my daughter, but for that I am responsible—nothing else. I lost control—that is a fact. The mitigating circumstance is that I had, unknown to myself, cancer at the time, which subsequently was considered to be terminal, in all probability.

However, the initial accusation by the WCFS was that I had choked my daughter; there was no reference to my throwing tea. Given the practical abuse of Francesca for over a decade by the mother—and the neglect by the WCFS in recognizing such abuse (it was only subsequent to the arrest that the WCFS apologized to Francesca, indicating that she had indeed been abused by her mother)—the timing of the apprehension of Francesca is certainly suspect.

Given both the timing and the fact that the ground for the apprehension was the falsehood that I had choked Francesca, I made it clear in court that I was acquiescing “without prejudice.” I then began to send a variant of the supplementary table to the Minister of Justice, the Minister of Education and the Premier, Greg Selinger, implying that they had apprehended Francesca on false grounds. This may have precipitated the investigation by the RCMP.

I asked my daughter this last December (2013) when the issue of the tea came up. She indicated that that issue arose subsequently. My interpretation is that the RCMP was fishing for any grounds (with the probable support of the CFS) for arresting me in addition to the false claims that I had choked my daughter and had thrown her to the ground. My interpretation is that the capitalist government was using Francesca to hide its own criminal neglect of Francesca for over a decade (and, possibly, because her father is a Marxist).

The need to hide the criminal neglect of the WCFS may have even been more urgent for the WCFS since Francesca, in claiming that I had choked her, also apparently claimed that her mother’s common-law husband had sexually abused her. (When she made that claim I am uncertain. On Father’s Day, 2010 Francesca informed me that she had told the WCFS that she had been sexually abused. If true (it is still before the court), the WCFS’s lack of action for over a decade would have contributed to such abuse.) [The court eventually dismissed the allegation of sexual abuse against the common-law husband of Francesca’s mother; I now believe that Francesca was sexually abused by him despite the court’s decision. I will explain that in another post.]

I do not regret what I did (apart from the incident of the tea). The apology ten years after the fact is hardly sufficient for the persistent abuse that Francesca was subject to over the years. The WCFS and the CFS is a fascist organization that acts as if Canadian citizens are guilty first and must prove their innocence afterwards. It uses intimidation tactics (such as the letter of January 2004 and the October 6 2010 phone call by Darryl Shorting) to achieve its ends.

It is instructive that it is I who have to provide an explanation of the investigation. Undoubtedly, it could be argued that it is not the WCFS that is applying for teacher certification. That is true. However, the WCFS apparently need not explain anything at all to anyone.

My explanation, then, is that the organization that need not explain (the WCFS and the CFS) itself needs to explain—its neglect of Francesca (and probably many, many other children) for over a decade. It is necessary to expose such behaviour if the problem is going to be resolved—and not presume that those who have been investigated by such an organization have to explain their actions. It is the WCFS that needs to explain its (in)actions—and it will only have to do so if its neglect is exposed.

However, the WCFS will continue to act undoubtedly with impunity—until those who are intimidated by the WCFS (and the consequences that flow from speaking out) speak up and end the silent oppression that characterizes such an organization. Children deserve much more than the neglect characteristic of the WCFS and the CFS. Such a situation is characteristic of adult behaviour in general in relation to children (see the accompanying article, “Dewey’s Concepts of Stability and Precariousness in his Philosophy of Education”).

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