National Student Protection Act
Student And Parent Rights
The National Student Ombudsman is responsible for implementing the procedure for handling complaints and reports in the Quebec school environment.
As part of this national and standardized procedure, the National Student Ombudsman can count on the presence of regional student ombudsmen throughout Quebec. Together, they ensure that the rights of students and their parents are respected and thus contribute to the continuous improvement of services offered in the education network.
Step 1 – Person directly concerned or their superior
To file a complaint, the student or their parent must first contact the person directly concerned or their immediate superior.
The complaint can be verbal, but it is preferable to make it in writing.
The person receiving the complaint has 10 working days to respond.
Step 2 – Complaints Manager
If the student or their parent remains dissatisfied with the handling of their complaint or if the 10 working day period is exceeded, they can then contact the person responsible for handling complaints at the school service centre, the school board or the private educational establishment, as the case may be.
The complaint can be verbal, but it is preferable to make it in writing.
The person responsible for processing complaints has 15 working days to respond.
The person responsible for handling complaints at Yaldei School is Ms. Sima Shalev - School Director. Simas@yaldei.org, 514-279-3666 x312
Step 3 – Regional Student Protector
If the student or their parent is still dissatisfied with the handling of their complaint, or if the 15 business day period has passed, they may contact the regional student ombudsman in their region. The ombudsman will assist the student or their parent in formulating their complaint in writing.
The student or their parent can choose the method of communication that suits them best between:
- Web complaint form: pne.gouv.qc.ca/formulaire
- Phone or text: 1 833 420-5233
- Email: plaintes-pne@pne.gouv.qc.ca
The regional student ombudsman has 20 working days to examine the complaint and issue his or her conclusions. If he or she deems the complaint to be well-founded, he or she may make recommendations to the school service centre, school board or private educational institution.
Before being transmitted, the conclusions are however examined by the National Student Ombudsman, who has a maximum period of 5 working days to decide whether to examine the complaint himself. In this event, he then has 10 working days to complete the examination and, if necessary, substitute his conclusions or recommendations for those of the regional student ombudsman.
The regional student protector then informs the complainant and the school service centre, school board or private educational establishment of the conclusions, as well as recommendations if applicable.
The school service centre, school board or private educational establishment has 10 working days to inform the complainant and the regional student protector of the follow-up it intends to give to the conclusions and recommendations and, where applicable, the reasons justifying its refusal to follow up.
Please note that in the event of an act of sexual violence , a student or one of their parents may contact the regional student protector directly if they wish.
Make A Report
A report, which can be made by any person, is only possible in the event of an act of sexual violence [1] committed against a student attending an educational establishment.
Such reporting is made directly to the regional student protector , without having to go through the first two stages of the process, by:
- a teacher
- a professional working in a school environment
- an employee who is a member of the management of an educational establishment
- another student or one of his parents
- etc.
The Reporting
The reporting person will be able to choose the method of communication that suits them best between:
- Web complaint form: Here
- Phone or text: 1 833 420-5233
- Email: plaintes-pne@pne.gouv.qc.ca
Reports are processed urgently . The confidentiality of information identifying the person making the report is preserved, except with their consent. If required by law, the regional student protector communicates the identity of this person to the director of youth protection.
The regional student protector can also deal with a case of sexual violence on his or her own initiative.
[1]
Sexual violence is: "any form of violence committed through sexual practices or targeting sexuality, including sexual assault. This concept also includes any other misconduct that manifests itself in particular through unwanted gestures, words, behaviors or attitudes with sexual connotations, including those relating to sexual or gender diversity, expressed directly or indirectly, including by technological means." For more information on acts of sexual violence, you can consult the Government of Quebec's page on forms of violence .
Protection Against Retaliation
The National Student Ombudsman Act protects against reprisals or threats of reprisals those who file a complaint or report, cooperate in the processing of a complaint or report or accompany a person who files a complaint or report.
It is also prohibited to threaten a person with retaliation to prevent them from filing a complaint or making a report.
For the student or their parents making a complaint or report, the following are presumed to be retaliatory measures:
- Depriving them of rights
- The application of different treatment
- Suspension or expulsion of the student
For staff of an educational institution making a report or cooperating in the examination of a complaint or report, the following are presumed to be retaliatory measures:
- His demotion
- Its suspension
- His dismissal
- His movement
- Any disciplinary sanction or other measure affecting his employment or working conditions
Fines for an individual who retaliates or threatens to retaliate can range from $2,000 to $20,000. Fines for corporations can range from $10,000 to $250,000.