KAWARTHA LAKES-An Educational Assistant (EA) at St. Dominic’s Catholic Elementary School in Lindsay was convicted recently of assaulting a student with Autism.
On May 31, 2023, Kawartha Lake Police (KLPS)responded to an incident involving a support worker and a student at the school. As a result of an investigation the worker was charged with assault. Police say the child suffered minor injuries during the incident.
Taylor Popplewell appeared in a Lindsay courtroom today for sentencing. She was convicted of one count of assault. Justice Moorcroft found that Popplewell intentionally stepped on the 9-year-old students hand and said “now you know how it feels”.
It happened during a prolonged incident in which the student, who has autism, repeatedly kicked and punched the defendant according to court testimony.
Popplewell told the court she accidentally stepped on the students hand during the altercation. But the Judge found it was intentional after a colleague who witnessed the incident testified that there was “no doubt” it was done on purpose.
A victim impact statement read by the students mother outlined the impacts the assault had on her son. Due to his age we cannot name him or his mother.
“After that day my son started having nightmares, waking up with tears and afraid. His level of aggression hit an all-time high. I had to take a leave from work for 6 months to provide him with support as he processed the incident. It got so bad we had to seek support from the urgent response program.” said the students mother. “There were times when we would be out at the park and he would think he saw Ms Popplewell and he would hide. She has no idea the effect she has had on our family”
Popplewell apologized to the family for the trauma caused by the incident.
“My biggest regret of May 31, 2023 is not taking the time or finding the time to apologize to (the student)for stepping on his hand. I won’t make excuses for why I did not apologize that day instead I will just say I should have tried harder or made more of an effort before he was picked up by his uncle to apologize. This is a mistake that I recognize and take full responsibility for.” Popplewell said through tears. She then turned to address the family saying “Although the last 18 months have been difficult due to the undertaking I signed in 2023 when I was arrested I was not allowed to contact the family to apologize. This is not something I believe should have been done in a letter. So I would like to take this time now to apologize to (the student) even though he’s not present, and to the family for the harm that i have caused.”
While the judge found Popplewell guilty he acknowledged that there were mitigating factors.
“It’s a situation she didn’t create but in which she responded badly.” said Justice Moorcroft. She had no previous criminal record.
Moorcroft said he was moved by three letters the court received in support of Popplewell from parents of children she has assisted and this lead him to believe the actions were “out of character” for her.
The crown said a short period of jail would not be out of the question given the significant breach of trust between the student and the EA.
“All kids deserve to feel safe at school. While being an EA is extremely difficult, people sent their kids to school expecting them to be safe,” said the crown while noting a “vengeful and spiteful element” to the crime.
The defence argued that while Popplewell “acted poorly” in response to the incident, Popplewell herself was “being assaulted”. He said the child had no visible injuries and had “significant difficulties” with other teachers and staff. He was asking for an absolute discharge where a person is found guilty but not convicted and is released without any further consequences or restrictions or a conditional discharge citing the toll this has had on his client.
“My client has lost her career, respite work and her reputation as well as a significant amount of money on her defence.” said the defence attorney.
Justice Moorcroft sentenced Popplewell to a conditional discharge and 15 months probation. She must keep the peace and be of good behaviour, notify the court of any change in job or address, must not contact the victim or his family and imposed a weapons prohibition.
The crown was asking that she be ordered to refrain from working in a position of trust or authority with anyone under the age of 14 years. The judge allowed her to do so with the written permission of her probation officer.
Popplewell was let go from her position at St. Dominic.
