Falsification of Student Marks Justifies Teacher Termination

Author: Teresa Haykowsky

On February 23, 2017, the Supreme Court of Canada dismissed a teacher's request to have his case heard before Canada's highest Court further to a 2016 decision of Ontario's Court of Appeal in regard to a teacher who was fired for cause for having falsifying student marks.

Ontario's appellate court had overturned the 2014 decision of the trial judge who disagreed with the School's decision to fire the teacher for cause even though:

• The teacher's marks for an interim report card were late and incomplete.
• The teacher falsified marks on students' records.
• The teacher lied to the School about how the marks were calculated.
• The teacher lied to the Court about how student presentations were marked.

The Trial Judge would have preferred that a reprimand and warning letter be issued to the teacher.

What Court of Appeal Found

The Court of Appeal said the teacher's actions were incompatible with his teaching professional duties and contractual terms. In addition the teacher exposed the School to the potential harm of losing its right to issue student credits toward a high school diploma.

The School had placed a large degree of trust in the teacher to objectively and correctly assign student marks and grades. The teacher breached the special position of trust required of teachers as described in 1996 by the Supreme Court of Canada.

Teachers are inextricably linked to the integrity of the school system. Teachers occupy positions of trust and confidence, and exert considerable influence over their students as a result of their positions. The conduct of a teacher bears directly upon the community's perception of the ability of the teacher to fulfil such a position of trust and influence, and upon the community's confidence in the public school system as a whole.

Tips and Takeaways

• Teachers hold a relationship of trust which creates fundamental duties.
• Teachers must provide truthful, objective and continuous student assessments and evaluations.
• Failing to properly assign marks and to evaluate student progress, falsifying students grades and lying about these types of actions constitutes serious teacher misconduct which may justify terminating employment for cause (even teachers with long service who have a relatively clean record).
• In assessing misconduct and determining whether just cause exists, school board employers may also consider the severity of the potential harm to the school.
• Obviously, if an employer is considering an employee termination for cause, it would need to ensure that the employee's alleged misconduct is serious.