Toronto Star

Their son’s arm was broken at school, but administra­tors tried to play it down

Case raises questions of how officials handle violent incidents, when police should be called and what informatio­n is disclosed to the families of the students involved

- JANET HURLEY SENIOR WRITER

For seven months, a Mississaug­a family has been trying to learn how their son broke his arm during schoolyard play — and more importantl­y, what the school did in the aftermath.

The incident led to an older boy being charged with assault after the family went to police. Parent Anwar Knight believes Peel District School Board’s top administra­tors must be held accountabl­e for what he calls an “egregious violation of public trust.”

The case raises questions of how school boards handle violent incidents, when police are called and what informatio­n is disclosed to the families of the students involved.

Knight alleges staff failed to follow protocols and properly investigat­e after his 11-year-old son was tackled by another student during play in September. Knight, who eventually lodged a complaint with Peel Regional Police, alleges the school refused to co-operate with the police investigat­ion and withheld documents until a court order was issued. To protect the identities of Knight’s son and the accused, the Star is not naming the Mississaug­a middle school or the local administra­tors.

Peel police Const. Tyler Bell-Morena confirmed that a youth was charged with assault in February in connection with an investigat­ion into the incident, and that police had to seek judicial authority to gain access to school records. He said that while board protocol allows for discretion, based on the allegation­s, this case should have been reported to police.

Knight said the school and the board “hide behind privacy just to avoid accountabi­lity and transparen­cy” because they want parents to “give up.” He has also launched a personal injury lawsuit on behalf of his son.

“This is not just for our family,” said Knight, who with his wife has two sons. “This is for every child who’s been bullied, who’s been assaulted. This is for all those parents who wanted answers and were routinely shut down with, ‘We can’t tell you; we’re handling it.’ ”

The PDSB would not specifical­ly address any of the allegation­s or respond to questions from the Star. Spokespers­on Malon Edwards said the board refrains from discussing matters before the courts, adding that its human resources department and legal counsel “are handling the situation.”

“The allegation­s brought forward were taken seriously and investigat­ed thoroughly by the board,” he said. “Throughout the process, relevant informatio­n was shared via documentat­ion and meetings with the family involving board staff.”

Knight, who has reached out to Minister of Education Stephen Lecce several times, including asking for a meeting, said Lecce, who previously placed the Peel board under supervisio­n due to concerns over racism and human resources practices and leadership, needs to intervene.

Knight is demanding the resignatio­ns of Rashmi Swarup, Peel’s director of education, as well as superinten­dent Leslie Grant and the principal and vice-principal of his son’s school.

A spokespers­on for the minister told the Star “we have reaffirmed to the PDSB that they continue to work with the family to ensure the safety of their child when in class.”

“We take a zero-tolerance approach to violence and bullying in schools,” said the spokespers­on.

When the academic year began last September, Knight’s son was excited about entering Grade 6 at a new school. He was going to get a locker, play the trumpet. Less than two weeks later, he had two broken bones and the fall term turned into weeks of missed classes and ongoing hospital appointmen­ts.

Knight’s version of what happened to his son and the board’s response are based on Knight’s record of correspond­ence, which the Star has seen, as well as his extensive notes and eyewitness accounts he gathered from students and their parents.

On Sept. 18, Knight’s son and friends signed out a football from the school and were playing a game of keep-away in the yard during lunch recess. According to Knight, Grade 8 students asked to join in, but the Grade 6 students refused because there had allegedly been rough play in the days preceding.

Knight said students told him that a Grade 8 student allegedly continued to agitate to get in on the action and when his son caught the ball, the older boy allegedly grabbed him in a bear hug from behind and brought him down hard to the ground.

Knight’s son screamed. His right arm twisted into an “S.”

A teacher on yard duty brought him into the office and 911 was called. The school then contacted Knight, telling him his son had been hurt and asking if he could pick him up since paramedics would not be able to attend for several hours.

Knight, who works as a freelance broadcaste­r, arrived in minutes. He said the principal explained to him that his son was playing football and was tackled, but that tackling is not allowed.

The family went to Credit Valley Hospital, where doctors attempted to straighten the arm. They put it in a cast and told Knight he needed to immediatel­y take his son to SickKids to be examined by an orthopedic surgeon.

Knight said the family received a voicemail the next day from the principal, asking how their son was doing, and later in the week, one of the boy’s teachers called looking for him, unaware he had been injured.

But what followed, said Knight, was the worst week of his family’s life. Knight said his son would cry, “Why did this happen to me, Daddy? It hurts so bad.”

“I can’t tell you what that did to us,” said Knight. “This is our kid, and (through) no fault of his own, he is screaming in pain. And that’s when I said, ‘I’m going to get justice and I want accountabi­lity on what went down.’ ”

On Sept. 25, a week following the injury, Knight — who had earlier called Peel police to see what his options were — sent a letter to director Swarup and superinten­dent Grant, copying the area board trustee and Minister Lecce. Knight wrote that his son had been physically assaulted and he had contacted police. He wanted to know what happened and what action had been taken against the other student, and he demanded an in-person meeting with all attending.

Swarup’s office acknowledg­ed receipt and said a staff member would be in touch. Grant responded, expressing regret about the incident and agreeing to set up a meeting together with the principal. A few days later, Swarup followed up with an email to Knight that didn’t address the allegation­s, but noted, “I am confident that the staff will collaborat­e with you to support a safe and positive learning environmen­t for your son at school.” According to Knight, Swarup did not correspond with the family any further.

On Oct. 2, Knight and his wife met with the school’s principal, viceprinci­pal and superinten­dent Grant.

The vice-principal allegedly told Knight that his son had fumbled the ball and another boy had bumped into him. His son, the administra­tor allegedly explained, had fallen and broken his arm on his own; he had not been tackled.

But Knight alleges that later in the meeting the superinten­dent said, “We are not saying that it wasn’t intentiona­l.” Knight also said the principal contradict­ed themself, at one point saying play had not been out of hand, but later in the meeting suggested the kids were aggressive and accused Knight’s son of scratching others.

Knight challenged their version of events. He insisted the student be removed as per the Safe Schools Act, which requires mandatory expulsion if a student physically assaults someone who then requires medical treatment. He alleges the superinten­dent told the family it was welcome to contact police, but the school would only provide any records or documents related to the incident if police were involved.

For weeks, he had a back-andforth with the school over the state of its investigat­ion and his request to see his son’s school records, and felt he was repeatedly stonewalle­d.

On Oct. 13, at a school meeting, the principal gave Knight his son’s personal record, including what Knight describes as a “bare-bones” accident report on which a handwritte­n note confirmed Knight’s son “was tackled by an older student.” A week later, the principal alerted Knight that they had concluded their investigat­ion. Knight received a heavily redacted copy of their findings.

‘‘ The allegation­s brought forward were taken seriously and investigat­ed thoroughly by the board. Throughout the process, relevant informatio­n was shared via documentat­ion and meetings with the family involving board staff.

Towards the end of November, frustrated by what he perceived as a lack of urgency, concern and transparen­cy, Knight filed a statement of personal injury claim on behalf of his son and against the PDSB and supervisin­g teachers. On Dec. 13, he lodged an official complaint with police.

As part of its investigat­ion, Peel police requested documents from the school. Knight alleges police told him that the principal refused to hand over informatio­n without a court order, based on the principal’s interpreta­tion of the Local Police School Board Protocol. The protocol, which provides guidance on reporting and disclosure of informatio­n on school-related occurrence­s, states that “physical assaults causing bodily harm requiring medical attention” must be reported to police, but in certain stated exceptions, there is room for discretion.

“Investigat­ors had to seek judicial authorizat­ion, which is not outside the ordinary per se,” said police spokespers­on Bell-Morena. “It is within the right of the school to request that police obtain a warrant for certain informatio­n.”

However, he added that “based on the protocol and the allegation­s, this is something that should have been reported to police.”

During the course of the investigat­ion, Knight was mistakenly given a package of documents by the school meant for police, further evidence he believes of the mishandlin­g of the case.

Following the court order, the school turned over documents to the police.

Shortly afterwards, the school community was informed by PDSB that due to “unforeseen circumstan­ces” interim administra­tive staff would be “supporting the school in the coming days.”

On Feb. 14, Peel police charged a male youth with assault. His identity is protected under the Youth Criminal Justice Act.

The PDSB would not confirm to the Star whether the child charged in the incident remains in the school. According to the Education Act, schools are to alert parents of students who have been harmed about any disciplina­ry measures taken. Knight said it wasn’t until he followed up with the school after the charge was laid that an interim principal said the student had been removed from the school.

“Until then,” said Knight, “seeing that kid not only scared (my son), but also angered him.”

In March, the school’s principal went on leave, followed more recently by the vice-principal. As of early April, parents were informed the school now has a new principal and vice-principal. Knight’s son is continuing to recover. The experience has taken a toll on the family, said Knight, who admits to being consumed by the ordeal.

“It’s been over six months, two lawyers, a court order and a police investigat­ion, and we still have no answers from the school and board.”

MALON EDWARDS PEEL BOARD SPOKESPERS­ON

 ?? R.J. JOHNSTON TORONTO STAR ?? Anwar Knight has accused the Peel District School Board of not following protocols and showing a lack of transparen­cy and accountabi­lity in the way it handled an alleged assault on his son in a Mississaug­a school playground last September.
R.J. JOHNSTON TORONTO STAR Anwar Knight has accused the Peel District School Board of not following protocols and showing a lack of transparen­cy and accountabi­lity in the way it handled an alleged assault on his son in a Mississaug­a school playground last September.

Newspapers in English

Newspapers from Canada