Rules of Conduct – Exclusion, Reinstatement, and Appeals Policy

Effective Date: April 28, 2014

Purpose

This policy outlines how Toronto Public Library applies the Rules of Conduct to maintain a safe and welcoming environment for the public and staff. The policy identifies the types of misconduct that lead to exclusions from library space and the appeals process for people who are excluded as a result of misconduct.

Scope

This policy applies to all customers using library services, including any space on or off library property where library service is provided, including library branches, programs and events, online programs, telephone, email, social media, and website (referred to as “library space” in this policy).

Underlying Principles

This policy is driven by principles as defined in the Library’s Values, Vision and Mission and in TPL's Equity Statement and Intellectual Freedom Statement.

Toronto Public Library's mission is to provide free and equitable access to services that meet the changing needs of Torontonians. The Library preserves and promotes universal access to a broad range of human knowledge, experience, information and ideas in a welcoming and supportive environment. The Library establishes Rules of Conduct to foster this environment for all users and is committed to applying the Rules of Conduct in a fair and equitable manner, both substantively and procedurally.

Policy Statement

To maintain a safe, supportive and welcoming environment for Library users and staff, Toronto Public Library has the right and obligation to enforce the Rules of Conduct in a fair and consistent manner.

When a violation of the Rules of Conduct occurs, Toronto Public Library has discretion in determining whether a person will be excluded from library space, the duration of the exclusion, and will take into consideration the severity of the misconduct, the circumstances surrounding the incident and any mitigating factors.

Any person who has been excluded from the Toronto Public Library for two, six or twelve months has the right to appeal the exclusion. For exclusions of twelve months, the person has the right to appeal if their request for reinstatement following their twelve-month exclusion is denied.

Toronto Public Library is committed to reviewing the Rules of Conduct and their application on a regular basis to support fair and equitable access for all.

  1. Suspensions and Exclusions

      • 1.1 One Day Suspension
        A suspension of one day from a single branch or library space may be applied when disregard for the Rules of Conduct occurs, including disruptive, harassing or discriminatory language or behaviour, attempted theft and minor vandalism. Some or all of the following actions will be taken by Library staff:  
        1. Staff will inform the person of how they violated the Library's rules.
        2. An immediate verbal or written warning will be given to the person by the staff member in charge of the branch at the time of the occurrence.
        3. The person will be excluded from select library space(s) and retain access to other library spaces and services.
        4. A written warning letter will be issued to the person (and their parent/caregiver if under the age of 18) informing them that they are excluded from a single branch or from a library space of the Toronto Public Library for a period of one day. The letter will include, as applicable:
          • The branch or space(s) the person is excluded from;
          • The period of exclusion;
          • The reason(s) for the exclusion;
          • Notice that there will be a further review of the incident and additional action may be taken, including a two-month exclusion;
          • The end date of the exclusion; and
          • The name and contact information for the relevant manager.
        5. Staff will record information about the identity of the individuals involved, as well as the nature of the violation, in the incident management system and/or in other designated files, which will be retained in accordance with the TPL Records Retention Schedule.
    • 1.2 One Month Exclusion
      In recognition that the expectations for children and teens behaviour may be different than adults, the exclusion period for persons under the age of 18 may be one month. An exclusion of one month from a single branch or from a library space may be applied when disregard for the Rules of Conduct occurs, including disruptive, harassing or discriminatory language or behaviour, attempted theft and minor vandalism.Some or all of the following actions will be taken by Library staff:  
      1. Staff will inform the person of how they violated the Library's rules.
      2. An immediate verbal or written warning will be given to the person by the staff member in charge at the time of the occurrence.
      3. The person will be directed to leave the branch or specific library service.
      4. Staff will record information about the identity of the individuals involved, as well as the nature of the violation, in the incident management system and/or in other designated files, which will be retained in accordance with the TPL Records Retention Schedule.
      5. A letter will be issued to the person (and their parent/caregiver if under the age of 18), informing them that they are excluded from a single branch or from a library space of the Toronto Public Library for a period of one month. The letter will include:
        • The branch or space the person is excluded from;
        • The period of exclusion;
        • The reason(s) for the exclusion;
        • A notification to the person that they have the right to appeal and information on the appeals process;
        • Notice that there will be a further review of the incident and additional action may be taken, including a possible extension of the one -month exclusion;
        • The end date of the exclusion; and
        • The name and contact information for the relevant manager.
    • 1.3 Two Month Exclusion
      An exclusion of two months from a single branch or from a library space may be applied when disregard for the Rules of Conduct occurs, including disruptive, harassing or discriminatory language or behaviour, attempted theft and minor vandalism. Some or all of the following actions will be taken by Library staff:  
      1. Staff will inform the person of how they violated the Library's rules.
      2. An immediate verbal or written warning will be given to the person by the staff member in charge at the time of the occurrence.
      3. The person will be directed to leave from the branch or specific library service.
      4. Staff will record information about the identity of the individuals involved, as well as the nature of the violation, in the incident management system and/or in other designated files, which will be retained in accordance with the TPL Records Retention Schedule.
      5. A letter will be issued to the person (and their parent/caregiver if under the age of 18), informing them that they are excluded from a single branch or from a library space of the Toronto Public Library for a period of two months. The letter will include:
        • The space the person is excluded from;
        • The period of exclusion;
        • The reason(s) for the exclusion;
        • A notification to the person that they have the right to appeal and information on the appeals process;
        • Notice that there will be a further review of the incident and additional action may be taken, including a possible extension of the two-month exclusion;
        • The end date of the exclusion; and
        • The name and contact information for the relevant manager.
    • 1.4 Six Month System-wide Exclusion
      A system-wide exclusion of six months from all Library spaces may be applied when violence, threat of violence, vandalism, theft or persistent disregard for the Rules of Conduct occurs. The following actions will be taken by Library staff:  
      1. Staff will inform the person of how they violated the Library's rules.
      2. The person will be directed to leave from the branch or specific library service.
      3. The person will be excluded from all library branches and spaces.
      4. Use of their membership/card will be suspended.
      5. The person will be directed to leave from the branch or specific library service.
      6. Staff will record information about the identity of the individuals involved, as well as the nature of the violation, in the incident management system and/or in other designated files, which will be retained in accordance with the TPL Records Retention Schedule.
      7. A letter will be issued by the Director to the person (and their parent/caregiver if under the age of 18), informing them that they are excluded from all properties and spaces of the Toronto Public Library for a period of six months and that their Library access have been suspended for that time period. The letter will include:
        • The period of exclusion;
        • The reason(s) for the exclusion;
        • A notification to the person that they have the right to appeal and information on the appeals process, including the name and contact information for the manager to which the person may appeal; and,
        • The end date of the exclusion which also includes reinstatement of access to all library branches and spaces as well as Library access.
    • 1.5 12-Month System-wide Exclusion
      A system-wide exclusion of 12 months from all library spaces may be applied when violence, threat of violence, vandalism, theft or persistent disregard for the Rules of Conduct occurs. A twelve-month exclusion will include the suspension of a person’s library membership card.The seriousness of the misconduct requires a further review prior to the exclusion being lifted and the person's access being reinstated. A person excluded for twelve months must apply to have his or her access reinstated.The following actions will be taken by Library staff:  
      1. Staff will inform the person of how they violated the Library's rules.
      2. The person will be directed to leave from the branch or specific library service.
      3. The person will be excluded from all library branches and spaces.
      4. Use of their membership/card will be suspended.
      5. The person will be directed to leave from the branch or specific library service.
      6. Staff will record information about the identity of the individuals involved, as well as the nature of the violation, in the incident management system and/or in other designated files, which will be retained in accordance with the TPL Records Retention Schedule.
      7. A letter will be issued by the Director to the person (and their parent/caregiver if under the age of 18), informing them that they are excluded from all properties of the Toronto Public Library for a period of 12 months and that their Library access have been suspended. The letter will include
        • The period of exclusion;
        • The reason(s) for the exclusion;
        • A notification to the person that they have the right to appeal and information on the appeals process including the name and contact information for the manager to which the person may appeal;
        • The end date of the exclusion; and
        • Information about how to request to have their Library access reinstated after the 12-month exclusion period ends.

  2. Extension of an Exclusion

    • 2.1 A two-month exclusion may be extended when another incident disregarding the Rules of Conduct occurs. If the incident occurs during an existing two-month exclusion period, the person may receive an additional two-month exclusion.
    • 2.2 A one or two-month exclusion may also be extended to a six or twelve-month exclusion when the criteria for a six or twelve-month exclusion is met.
    • 2.3 A letter will be issued by the Director to the person informing them that they are excluded and that the exclusion applies to all library space and their Library access have been suspended for that time period. The letter will include:
      • The space(s) the person is excluded from;
      • The period of exclusion;
      • The reason(s) for the exclusion;
      • A notification to the person that they have the right to appeal and information on the appeals process, including the name and contact information for the manager to which the person may appeal; and,
      • The end date of the exclusion, which also includes reinstatement of access.
    • 2.4 A six-month system-wide exclusion may also be extended to a twelve-month system-wide exclusion when violence, threat of violence, vandalism, theft or persistent disregard for the Rules of Conduct occurs.
    • 2.5 A letter will be issued by the Director to the person informing them that they are excluded from all properties and services of the Toronto Public Library for a period of six months and that their Library access have been suspended for that time period. The letter will include:
      • The period of exclusion;
      • The reason(s) for the exclusion;
      • A notification to the person that they have the right to appeal and information on the appeals process, including the name and contact information for the manager to which the person may appeal; and,
      • Information about how to request to have their Library access reinstated after the twelve-month exclusion period is over. TPL will review specific situations and retains the right to determine an appropriate exclusion based on the facts.

  3. Right to Appeal

    A person has a right to appeal a letter of exclusion or extension of an exclusion, in writing, to the Toronto Public Library during the period of exclusion. The person is entitled to appeal once during the period of exclusion using the appeal process described below.

    • 3.1 How to Appeal
      The contact information for submitting an appeal will be included in the exclusion letter.The person may appeal by using a form available on the Toronto Public Library website or by writing a letter with the following information:  
      • Name;
      • Address where they can be contacted/phone number/Library card number (if available);
      • Space(s) from which they were excluded and date of exclusion;
      • Reason for appeal.

      The Library will provide an accessible format of the appeal form, and communication supports and attendant services upon request and with advanced notice.

    • 3.2 Appeal of a One Month or Two Month Exclusion from a single space
      An individual may appeal their exclusion to the Manager whose contact information was provided in the exclusion letter.The decision of the Manager is final and there are no further steps in the appeals process.Reinstatement is automatic at the end of the one- or two-month exclusion period.
    • 3.3 Appeal of a Six-month Exclusion
      An individual may appeal their six-month exclusion to the City Librarian.As part of the appeal to the City Librarian, the excluded person may be required to meet with a Manager to review the incident and expected behaviour in the library.Following the meeting with the excluded person, the Manager will make a recommendation to the City Librarian.Upon receipt of the decision of the City Librarian, the person may further appeal to the Toronto Public Library Board.The decision of the Library Board is final and there are no further steps to be taken in the appeals process.Reinstatement is automatic at the end of the six-month exclusion period.
    • 3.4 Appeal of a 12-Month Exclusion
      An individual may appeal their twelve-month exclusion to the City Librarian.As part of the appeal to the City Librarian, the excluded person may be required to meet with a Manager to review the incident and expected behaviour in the library.Following the meeting with the excluded person, the Manager will make a recommendation to the City Librarian.Upon receipt of the decision of the City Librarian, the person may further appeal to the Toronto Public Library Board.The decision of the Library Board is final and there are no further steps to be taken in the appeals process.Individuals must apply to be reinstated once the twelve-month exclusion period has expired.
    • 3.5 Reinstatement Process after 12-month exclusion
      Reinstatement is automatic at the end of a one-day suspension as well as one-month, two-month or six-month exclusion. Individuals that are excluded for twelve months must apply for reinstatement of Library access.A person has a right to apply for reinstatement following a twelve-month exclusion, in writing, to the Director.The person may apply by using a form available on the Toronto Public Library website or by writing a letter with the following information:  
      • Name;
      • Address where he or she can be contacted/phone number/Library card number (if available);
      • Space(s) from which they were excluded and date of exclusion;
      • Reasons for requesting reinstatement.

      As part of the application for reinstatement, the excluded person may be required to meet with a Manager to review the incident and expected behaviour in the library.

      Following the meeting with the excluded person, the Manager will make a recommendation to the Director.

    • 3.6 To Appeal a Denial of Reinstatement
      For persons whose request for reinstatement of Library access after a twelve-month exclusion is denied by the City Librarian:The person may first appeal their request for reinstatement to the City Librarian.As part of the appeal to the City Librarian, the excluded person may be required to meet with a Manager to review the incident and expected behaviour in the library.Following the meeting with the excluded person, the Manager will make a recommendation to the City Librarian.Upon receipt of the decision of the City Librarian, the person may further appeal to the Toronto Public Library Board.The decision of the Library Board is final and there are no further steps in the appeals process.  

      Reinstatement is not automatic; the person must apply to be reinstated once the exclusion period has expired.

    • 3.7 Criteria for Considering Appeals and Reinstatement
      Toronto Public Library will use the following criteria when determining whether to grant an appeal or reinstatement of Library access:  
      1. The safety of the public and Library staff and the circumstances surrounding the exclusion;
      2. The past behaviour of the person making the application with regard to the Rules of Conduct;
      3. The person’s behaviour during their exclusion and whether there were additional incidents, including trespassing;
      4. The person's reasons for appealing their exclusion or seeking reinstatement, as well as other mitigating factors;
      5. Where applicable, whether the person has reimbursed the Library for all expenses incurred as a result of the person's actions; and
      6. Whether the exclusion procedures were applied in accordance with the provisions of this Policy.

Specific Directives

Toronto Public Library will provide the Rules of Conduct - Exclusion, Reinstatement and Appeals Policy with related forms and procedures on the Toronto Public Library website in accessible format.

Information regarding the appeals process will be included in exclusion letters.

Appeals to the Toronto Public Library Board will be scheduled in a timely manner in accordance with regularly scheduled board meetings.

The person who is appealing will be requested to attend the board meeting where their appeal will be heard. If the person does not attend the board meeting, the board will proceed with deliberations and make a decision in their absence.

The person who is appealing will be given the opportunity to make reasonable oral or written submissions to the Toronto Public Library Board and a reasonable opportunity to reply to the information provided by staff.

Toronto Public Library will make every effort to communicate decisions regarding appeals in a timely manner after investigation.

Accountability

The City Librarian or designate is accountable for the overall administration of the Rules of Conduct and related policies.

The Directors and public service managers or designates are accountable for the application of the Rules of Conduct and related policies and appeals processes within their respective areas.

Definitions

Appeal:
The process of requesting a review of an exclusion or the request to review the decision of the Manager or Director regarding reinstatement.
Children:
Persons age 0-12
Exclusion:
A member of the public may not enter the specified Library building, property or space at any time for any reason for the during the exclusion period.
Extension of an Exclusion:
A decision to extend the period of time that an individual is excluded from a library space when another incident violating the Rules of Conduct occurs.
Harassment:
Harassing language or conduct, which includes
  • Engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome, including sexual harassment.
  • Code-based harassment, which includes engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome based on one or more of the prohibited grounds listed in the Ontario Human Rights Code, that a person knows or ought to know would be unwelcome, offensive, embarrassing or hurtful.
  • Racial harassment, which is harassment on the ground of race. It may also be associated with the grounds of colour, ancestry, where a person was born, a person’s religious belief, ethnic background, citizenship or even a person’s language.
Library space:
Library Space includes any space on or off library property where library service is provided, including library branches, programs and events, online programs, telephone, email, social media, and website.
Library property:
All Library branches, buildings and property, including both interior and exterior grounds of the Toronto Public Library whether leased or owned.
Library access:
Includes all use of Library programs, collections and services, as well as contacting the Library in person, by phone, email or using web services for which a Library card is required.
Mitigating factors:
Factors that impact the severity of the exclusion or the culpability of the act that may influence the length of exclusion, including, but not limited to, the individual's age, mental or physical ability, or the circumstances of the incident.
Reinstatement:
When an exclusion ends and library access is restored, the individual is allowed back into library spaces. For exclusions of two or six months, a reinstatement occurs automatically when the exclusion period ends. For exclusions of 12 months, the person must apply to the Director for reinstatement after the 12-month exclusion period has ended.
Suspension:
Where a member of the public who is not allowed to enter a specific branch of the Toronto Public Library for a specified amount of time still retains use of their other Library access.
Violence:
Violent or threatening language or conduct, which includes
  • The exercise of physical force by a person against another that causes or could cause physical injury.
  • An attempt to exercise physical force against another that could cause physical injury.
  • A statement or behaviour that it is reasonable for someone to interpret as a threat to exercise physical force against that could cause physical injury.
Teens:
Persons ages 13-17

Contact

Director, Branch Operations and Customer Experience

Print this page