Section 33 of the Registered Teachers Act defines professional misconduct:
Professional misconduct is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, constitutes professional misconduct within the meaning of this Act if:
(a) it is harmful to the best interests of students or other members of the public;
(b) it tends to harm the standing of the profession;
(c) it is a breach of this Act or the bylaws; or
(d) it is a failure to comply with an order of the professional conduct committee, the discipline committee or the board of directors.
Regulatory Bylaw 2 of the SPTRB:
Without restricting the generality of clause 33 of the Act, the following conduct on the part of a teacher is misconduct:
- conduct which is harmful to the best interest of pupils or affects the ability of a teacher to teach;
- any intentional act or omission designed to humiliate or cause distress or loss of dignity to any person in school or out of school which may include verbal or non-verbal behavior;
- physically abusive conduct which involves the application of physical force which is excessive or inappropriate in the circumstances to any person;
- sexually abusive conduct that violates a person’s sexual integrity, whether consensual or not which includes sexual exploitation;
- an act or omission that, in the circumstances, would reasonably be regarded by the profession as disgraceful, dishonourable or unprofessional;
- being in violation of a law if the violation is relevant to the teacher’s suitability to hold a certificate of qualification or if the violation would reasonably be regarded as placing one or more pupils in danger;
- signing or issuing a document in the teacher’s professional capacity that the teacher knows or ought to know contains a false, improper or misleading statement; or
- falsifying a record relating to the teacher’s professional responsibilities; providing false information or documents to the registrar or to any other person with respect to the teacher’s professional qualifications.