Investigators have found ‘no evidence’ to support the laying of a forcible confinement charge against staff who allegedly confined a young student in a closet-sized room at an elementary school, police say.
In March, the principal, vice principal and a teacher at John Fisher JPS were placed on home assignment while officials investigated a complaint that a six-year-old boy who is Black had allegedly been kept in an isolated room in the main office for a whole day at school.
In a letter to parents on Thursday, Toronto District School Board Superintendent of Education Roni Felsen said the board was notified by Toronto police that the force had concluded its investigation into the allegation.
Felsen said police had advised the board that officers had found “no evidence to support a charge of forcible confinement.”
Toronto police confirmed that officers “investigated allegations of hate-motivated forcible confinement and mischief” at the school.
“It was alleged that a child was confined in a closet-sized room in an administrator’s office and that hateful messages were written on a desk,” Toronto police spokesperson Stephanie Sayer wrote in an email to Global News on Thursday.
Sayer said “dozens” of people, including the alleged victim, the family, teachers, school administrators, students, parents and former students of the school were interviewed as part of an “extensive investigation.”
“Investigators also consulted with the Child & Youth Advocacy Centre (CYAC), who are experts on child-focused investigations,” Sayer said.
Sayer said the investigation was reviewed by “specialized officers from the service’s hate crime unit” to determine if the alleged offences were “motivated by bias, prejudice or hate.”
According to police, the investigation was also reviewed by the ministry of the Attorney General’s Hate Crime working group.
“Although we understand these allegations are upsetting, the thorough and consultative investigation undertaken by the Service found no evidence to support the laying of charges,” Sayer wrote.
In March, the child’s mother — Faridah — told reporters that her son was also repeatedly sent to the principal’s office, and that he would come home from school each day crying and stressed.
She said she and her son were both told he shouldn’t be in the school’s French immersion program because he was “falling behind academically.”
Felsen said in addition to the allegations of forcible confinement, there were “multiple allegations raised against staff.”
“To this end, TDSB retained its own investigator to examine the full set of allegations,” the letter read.
If serious allegations are brought forward, TDSB procedures stipulate that Toronto Police and the Children’s Aid Society are notified, Felsen said.
“Once Toronto Police and the Children’s Aid Society give permission to do so, the TDSB is then allowed to proceed with its own investigation,” the letter read.
Felsen said the Children’s Aid Society is investigating, adding that the board will resume its investigation “once we receive permission to proceed.”
“We recognize that this has been, and continues to be, a difficult time for students, staff and families – especially those directly involved who deserve a prompt resolution,” the letter read.
Felsen said once the board is “given the go-ahead to do so, the external investigator who has been retained will work to complete the investigation as soon as possible.”
In a statement emailed to Global News, the advocacy group Parents of Black Children said it is “profoundly disappointed in the inadequate investigation” conducted by police.
“It is abundantly clear that an anti-Black racism lens was not utilized in conducting this investigation,” the statement read. “The experiences of Black families and children are very real and traumatic. No Black family sends their children to school seeking out instances that violate their humanity or cause harm to their children.”
The group said Black families “very rarely get justice from the police or their investigations.”
“The findings by the police are not a surprise, the TPS is not equipped to investigate findings of anti-Black racism,” the statement read. “The fact of the matter is that isolation is a form of torture. Regardless of the findings a child was isolated while at school and that is unacceptable.”
According to PoBC, the family involved In this case will be seeking legal counsel “to address the facts surrounding this incident.”
“We stand in solidarity with them and assure them of our unwavering support throughout their pursuit of justice,” the statement said.
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