Innocent until proven guilty — mostly (Legal view)Alleged assault at school raises issue of how to handle employee misconductBy Natalie MacDonald08/13/2007|Canadian HR Reporter|Last Updated: 08/09/2007 A custodian at a school in Norwood, Ont., was charged with sexually assaulting a 17-year-old female student during school hours on Feb. 21. The school board investigated the incident and fired him on March 27.A group of parents expressed outrage at the custodian’s termination before the charges had been proven in court. The board said it was a personnel issue.The case raises issues regarding the civil nature of the employer’s responsibilities to an employee who is accused of criminal behaviour. On the one hand, the employer has a duty to provide a safe and healthy work environment for its employees. On the other, the employer is faced with the presumption in criminal law that a person is innocent until proven guilty beyond a reasonable doubt. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.