N.S. education minister calls teacher assault allegations 'disturbing'

Nova Scotia's education minister describes allegations against a Halifax-area high school teacher as "disturbing" and has launched an immediate review of procedures regarding criminal background checks for teachers.

Zach Churchill said his department will consult with the regional centres for education — the bodies that replaced English school boards in Nova Scotia earlier this year — and with the Acadian school board to come up with recommendations to improve the process.

RCMP announced Tuesday that they have arrested a 42-year-old teacher from Cole Harbour District High School in relation to an altercation between a teacher and a student. A portion of the confrontation was captured on video and has circulated on social media.

Police did not name the teacher but CBC News has confirmed he is Derek Stephenson.

He was placed on leave by the school immediately after the incident on Oct. 3. On Tuesday, the Halifax Regional Centre for Education said that Stephenson had voluntarily surrendered his teaching license. When contacted by CBC News, Stephenson said he had been advised not to talk to the media.

Guilty pleas to assault, threats charges

Churchill's concern about criminal background checks stems from the fact this October incident was not Stephenson's first brush with the law. However, teachers are only required to do a criminal background check once upon hiring, unlike school volunteers who must clear background checks every three years. 

In 2010, a woman obtained an emergency protection order against him. Her identity is protected by a publication ban.

In 2013, Stephenson pleaded guilty to assaulting his then-wife. He received a conditional discharge and 18 months probation.

In 2017, Stephenson pleaded guilty to mischief and threats charges for an incident involving his then-girlfriend. Again, he received a conditional discharge and 18 months probation. He was still on probation at the time of the incident last month.

The sentences in both cases were recommended by both Crown and defence.

"In both cases he had a very good pre-sentence report," Chris Hansen of the Public Prosecution Service said Tuesday.

"He expressed remorse, he accepted responsibility. In the second case where restitution was necessary he made restitution almost immediately. The Crown concluded that based on all of those facts, the conditional discharge was an appropriate conclusion and entered with the defence to make a joint recommendation."

Vice-principal 'spoke very highly of him'

In 2013, the vice-principal of Cole Harbour High at the time, Barrett Khan, provided a character reference for Stephenson's pre-sentence report. The Crown prosecutor in the case said the "vice-principal at his school spoke very highly of him and his abilities."

After his 2017 arrest, a fellow teacher at Cole Harbour, Peter Mahalik, acted as Stephenson's surety to secure his release.

The Halifax Regional Centre for Education would not confirm to CBC News if education officials received any reports about Stephenson's criminal history, or what action was taken in response, citing confidentiality rules. 

In a statement Tuesday, the Nova Scotia Teachers Union said teachers are required to report to the director of human resources if they are subject to an investigation or conviction under the Criminal Code. 

Policy also says school "employees are encouraged to come forward if they believe that wrongdoing by a co-worker has taken place."

"We encourage our members to abide by these policies, and are more than willing to work with the [regional centres for education] if they determine they should be updated," said NSTU president Paul Wozney. 

"The NSTU and its members are always concerned about safety in our schools. If the employer decides it would like to update its policy in regards to background checks, the union would be more than willing to engage in that conversation."