Confidentiality, Non-Disclosure and Employment Agreement for an EQAO Scorer (Online) or Committee Member (Online)

Section 1 (applies to both scoring and committee positions):

I agree to

• not copy, save, reproduce, distribute or post to the Internet (including social media) any materials designated as secure, including documents, items and responses, for any reason, and I agree to destroy all materials as requested before the conclusion of the EQAO activity;
• not divulge in digital, written or verbal form, before, during or after the EQAO activity, any portion of confidential materials, including the content of the tests and student responses, as well as feedback provided by or to EQAO related to items, design, content, administration, scoring and other materials; 
• not disclose or discuss information that compromises in any way the security of test materials, the confidentiality of student responses, or the validity of the tests or the scoring process before, during or after the EQAO activity;
• co-operate fully with any investigation that may be initiated by EQAO regarding this agreement; this includes producing all documents and materials requested by EQAO regardless of the medium and submitting to in-person interviews conducted by or on behalf of EQAO at the agency’s request.

Please note that work activities will not exceed 48 hours a week (Sunday to Saturday). This weekly maximum can be exceeded only if a prior written agreement has been made with EQAO.

Section 2 (applies to content or assessment development committee positions):

• All materials, including passage topics, outlines, drafts and/or assessment items conceived or produced in the performance of this agreement, shall belong to EQAO.
• All sources used by assessment/content developers must be provided to EQAO.
• By clicking “I accept,” you are granting a perpetual, non-exclusive and royalty-free license to the King’s Printer for Ontario, through EQAO, to use, reproduce and publish all or any portion of the materials (passage topics, outlines, drafts and/or assessment items) conceived or produced in the performance of this agreement under the following terms and conditions:
  • You represent and warrant that you are the owner of and have exclusive title to the materials originally authored by you, and the right and authority to licence those materials to EQAO for the purposes set out in this agreement. You also represent and warrant that the materials exclusively authored by you are original and do not infringe upon or violate any copyright, moral or other right of integrity, any other intellectual property rights, or any personal privacy rights of any person. This clause does not apply when you use other materials as directed by EQAO.
  • All materials conceived or produced in the performance of this agreement shall belong to EQAO only. You agree that you will not sell the materials to any other third party, including educational parties.
  • You grant a perpetual, worldwide, non-exclusive and royalty-free license to EQAO to use, reproduce and publish all or any portion of the materials in print and electronic format. You understand that EQAO may publish the materials in alternate formats and may post all or any portion of the materials on public websites operated and maintained by EQAO.
  • Copyright in any publication made by EQAO that includes all or any portion of the materials shall belong to EQAO.
  • You acknowledge that the materials may be used by EQAO with or without any acknowledgment to you.
  • You understand the materials shall be used, reproduced and published for educational purposes in EQAO’s print and online versions of assessments and tests, or in any of EQAO’s means of public communications (including social media), and shall not be sold by EQAO for any commercial advantage or purpose.
  • You waive any right to approve the final form of publications related to all or any portion of the materials and understand that EQAO has the right to edit and/or revise according to internal editing standards. You waive all rights of integrity and all other moral rights that you may have in relation to the materials, or any rights that you may have in relation to the publication of the materials in various contexts, or the right to control the use or distribution that you may have in or to the materials.
  • You shall not at any time make any claim or demand further compensation in respect of the use of the materials by EQAO or a third-party agent of EQAO.
  • You agree to indemnify and hold harmless EQAO and its officers, appointees, employees, agents and representatives against all costs, expenses, losses, liabilities, damages, causes of action and settlements arising out of or in connection with any claim based on an allegation which, if true, would constitute a breach of representation or warranty herein provided, including but not limited to claims by a third party that EQAO’s use, publication, reproduction or distribution of the materials infringes such third party’s rights in the materials.
  • You acknowledge that EQAO may collect personal information about you pursuant to s. 9(6) and s. 3 of the Education Quality and Accountability Office Act, 1996, and any collection, use or disclosure of such personal information will be in accordance with the Freedom of Information and Protection of Privacy Act.
  • You acknowledge and consent to permitting your personal information, if any, to be used and disclosed in EQAO publications, including its assessments.
  • You understand that you may contact EQAO with any questions about the collection, use or disclosure of personal information:
    • Tony Saini, Director, Corporate and Public Affairs.
    • [email protected]
    • 1200–2 Carlton Street, Toronto ON  M5B 2M9
    • 1-888-327-7377 (Ontario only)
    • 416-916-0708 (outside Ontario)
  • You acknowledge and agree that there is no intention to create a partnership, joint venture or joint enterprise between you and EQAO. You acknowledge and agree that nothing contained in this agreement, nor any acts of EQAO, shall constitute or be deemed to constitute you and EQAO as partners, joint venturers, or principal and agent in any way or for any purpose.

Section 3 (applies to online scoring position only):

I also agree to

• participate fully and actively in the online training and qualifying test;
• score student responses within the required time frame;
• carry out my duties required as a scorer with honesty and good faith;
• meet EQAO’s commitment expectation of scoring on average a minimum of 14 batches per week, if available, during the scoring window;
• conduct myself in alignment with the professional code of conduct of the Ontario College of Teachers (OCT) (any suspected or proven unprofessional conduct will be reported to the OCT);
• indemnify and hold EQAO, and its agents, harmless against all claims in respect of any injury, loss, cost, expenses or damages;
• allow EQAO or its contractors to track the amount of time that I am active on the Vretta e-assessment scoring system;
• be released should I not meet the validity expectations or not pass the qualifying test mentioned above;
• refer to the Payment Guidelines for my payment schedule;
• adhere to all terms and conditions of this agreement before, during and after the EQAO activity; and
• complete all scoring duties myself and not use any other person, bot, machine learning, machine response or artificial intelligence tool or technology to complete my scoring, unless approved by EQAO.

Section 4 (applies to scoring and committee member position only):

I also agree to

• participate fully and actively in the online training;
• carry out my duties required as a scorer or a committee member (as applicable) with honesty and good faith;
• be present during the days and times required;
• conduct myself in alignment with the professional code of conduct of the Ontario College of Teachers (OCT) (any suspected or proven unprofessional conduct will be reported to the OCT);
• indemnify and hold EQAO, and its agents, harmless against all claims in respect of any injury, loss, cost, expenses or damages;
• allow EQAO or its contractors to track the amount of time that I am active on the Vretta e-assessment scoring system;
• refer to the Payment Guidelines for my payment schedule; and
• adhere to all terms and conditions of this agreement before, during and after the EQAO activity.

Section 5 Conflict of Interest¹ (applies to both scoring and committee positions):

• I shall
  • avoid any conflict of interest in the performance of my duties;
  • disclose to EQAO any actual or potential conflict of interest that arises during the performance of my duties; and
  • comply with any requirements directed by EQAO to resolve any conflict of interest.

Section 6 (applies to both scoring and committee positions):

Further, I acknowledge and agree that

• EQAO reserves the right to withdraw its offer for a position, terminate this agreement without notice and/or pursue legal action if
  • any information that I provided in my profile is found to be inaccurate;
  • I fail to disclose an actual or potential conflict of interest or comply with any direction from EQAO to resolve a conflict of interest; or
  • I breach any terms or conditions of this agreement.
• I shall be liable for all losses, damages or costs incurred directly or indirectly by EQAO in relation to any such acts noted above. By accepting this position, I understand and agree to all the terms and conditions of this agreement.

¹ A conflict of interest is any circumstance where an individual’s other commitments, relationships or financial interests could, or could be seen to, compromise, impair or be incompatible with the individual’s effective performance of the agreed-upon duties.