Former Ryerson elementary principal spared jail time in sentencing for assaulting four students
A former Ryerson Elementary School principal won't face time behind bars for assaulting four young female students, a Hamilton court has ruled.
Damir (Dan) Ivankovic was sentenced to three years probation and 100 hours of community service Aug. 18 after pleading guilty to assaulting the former Ryerson students between 2014 and 2018.
The former principal was originally charged in 2019 with three counts each of sexual assault and sexual interference and a single count of assault.
In April, he pleaded guilty to four counts of assault, a lesser offence. Then, in July, he backed off the deal - Ivankovic said in an affidavit he didn't realize he risked jail time by pleading guilty.
The initial joint submission between the Crown and defence requested a suspended sentence with three years probation, but incarceration was also an option open to the judge, who at the time asked lawyers to present arguments about whether the sexual integrity of the victims may have been compromised" by Ivankovic.
In his latest plea, however, the option for imprisonment was removed from the parties' new joint submission, with the Crown citing a lack of evidence proving Ivankovic sexually assaulted the victims.
In an agreed statement of facts, court heard Ivankovic touched the victims inappropriately, often rubbing their shoulders and lower backs. One student reported Ivankovic caressed her thigh as she waited to be picked up from school. He also called the victims names, including sweetheart," princess," and baby girl."
Ivankovic declined to address the court at sentencing. Through his lawyer, he apologized for the boundaries he crossed and how he made the students feel.
Two students read victim impact statements for the court and a third was read by the Crown. The mother of one of the victims also read a statement, swearing at Ivankovic as she concluded her remarks.
The victims - whose names can't be published due to a publication ban - described how Ivankovic's assaults haunted their lives and made them feel vulnerable in the presence of male teachers.
One woman said she'd been diagnosed with post-traumatic stress disorder and felt suicidal. She spoke of confiding in Ivankovic about bullying and self-image issues because of his nice and energetic personality. Then came the name calling and compliments.
Why is the man who's supposed to make me feel safe calling me princess' and moving his hand to my lower back? Why is his office door being closed whenever I enter?'" the woman said tearfully, later adding: You acted as if you cared for me ... but your actions made me the most closed off I've ever been. It's like you were suffocating me."
Hamilton police began interviewing witnesses about Ivankovic in January 2019 after a Grade 8 student reported that a year earlier he'd rubbed and massaged her lower back, sometimes telling her she looked gorgeous." One student told police he placed his hand on her buttocks, another claimed he touched her left breast in the hallway. Many students described him as weird and creepy," court heard.
Justice Tony Leitch said he aimed for balance when deciding Ivankovic's sentence. While he noted Ivankovic absolutely crossed the line" with his students, he also considered the defendant's considerable character references," remorse for his actions and guilty plea.
It's clear the defendant can be described as otherwise a good character. It doesn't mean he was a good character when he committed these offences, but he's not simply defined by what he did to the victims in this case," Leitch said.
Ivankovic was a principal with Hamilton's public school board starting in 2003, and assigned to Ryerson - a middle school near Queen Street South and Charlton Avenue West - in 2014.
Leitch said he hoped the guilty plea and sentence - which includes no communication with the victims and employment in positions of authority over youth - will bring some closure to the students and help them heal.
There's no doubt an element of shame will rest upon him in our community for what he did," Leitch said. He deserves all of this. This was a significant breach of trust of the students he was supposed to be caring for."
Sebastian Bron is a reporter at The Spectator. sbron@thespec.com