BOARD POLICY 14: APPEAL HEARINGS FOR STUDENT MATTERS AND EXPULSIONS

Preamble

A parent of a child/student, or a student over age 16, has the right of appeal to the Charter Board (“the Board”) regarding significant decisions or actions taken by the School. This appeal provision is to ensure that decisions and actions are made in a fair, open and reasonable manner and in the best interests of students. The Board authorizes the Appeal Hearings for Student Matters and Expulsions Committee (“the Committee”) to hear and decide appeals for student matters and to hear and decide a recommendation for expulsion of a student.

Prior to Making a Request to Exercise the Right of Appeal to the Board

The parent or the student must follow the dispute resolution process defined by the Board pursuant to Policy 12: Right to Be Heard. In cases where this process is unsuccessful the following student-related matters may be appealed to the Board:

• decisions that significantly affect the education of the children/students;
• fees charged by the Charter Board;
• accuracy and completeness of a student record;
• suspension of a student if a recommendation for expulsion is being considered;
• denial of admission of a child/student to Valhalla Community School.

1. Appeal Process for Student-Related Matters

(Note: Expulsion hearings are addressed in a separate section under this Policy).

1.1 Requests for the Board to hear an appeal shall be made by the appellant in writing to the Board Chair or Superintendent. The request shall state the basis for the appeal and include a copy of the written decision giving rise to the appeal.

 

1.2 The Board Chair shall convene the Committee at a time/date and location determined by the Chair. The Chair or delegate will give notice to the appellant and respondent (“the parties”) at least five (5) days in advance of the hearing. 

 

1.3 Directors who are in a conflict of interest, or whose judgment is unduly biased shall declare their conflict or bias and withdraw from hearing the appeal. 

 

1.4 The Committee will hear the matter and provide a written decision stating reasons for the decision, within ten (10) school days of receipt of the appellant’s request.

 

1.5 The hearing will provide an opportunity for the parties to speak to the issue(s) in dispute and to present pertinent documents.

1.5.1 The process is designed so that disputing parties will not require legal counsel; however, the appellant may choose at his/her own cost to be represented by legal counsel.

1.5.2 If any party is to be represented by legal counsel, all parties will be notified of this in advance of the hearing.

 

1.6 The appeal will be heard in camera and only those individuals specified by the Board Chair or delegate shall be in attendance.

 

1.7 Hearings will proceed after the Chair and the appellant and the respondent parties give consent to proceed. The chair will introduce all parties and begin by stating the purpose of the hearing which is to:

1.7.1. ensure that the parties to the hearing understand the decision under review and the reason(s) for the review;

1.7.2.  provide an opportunity for the parties to make representation to support their position before the decision on the appeal is made;

1.7.3. provide opportunity for the parties to ask appropriate questions of clarification and to respond to statements made by the other;

1.7.4. allow the Committee members to ask appropriate questions of clarification and to reach a decision on the matter.

1.7.5 After hearing from the parties, the Committee members will discuss the merits of the case in the absence of both parties, make a decision forthwith, advise both parties in writing of the decision, and provide reason(s) for their decision.

1.7.6 The Chair may request the support and counsel of the Superintendent at any time during the appeal process.

1.7.7 If the Committee determines, at any time during their deliberations, that additional information or clarification is necessary in order to make a decision, both parties to the appeal will be requested to reconvene in order to hear the additional information. In this case, the Committee Chair will provide fair and equal opportunity for the parties to ask appropriate questions of clarification regarding the additional information and to respond to the statements made by the other. 

1.8. The Chair will advise the appellant if the final decision of the Board may be reviewed by the Minister of Education pursuant to the Education Act s.43, 44.

 

Hearings on a Recommendation for Expulsion of a Student

In accordance with the relevant section(s) of the Education Act, the Charter Board delegates to the Hearings on Student Matters and Expulsions Committee (“the Expulsion Committee”) the power to make decisions with respect to the expulsion of students. The Expulsion Committee will hear representations regarding the recommendation for a student expulsion in accordance with the Education Act s. 36 Suspension and s.37 Expulsion.

1. If a student is not to be reinstated within five (5) school days of the date of suspension, the Principal shall immediately report in writing all the circumstances of the suspension and provide a recommendation to the Superintendent that the Board expel the student if:

1.1 the student has displayed an attitude of wilful, blatant and repeated refusal to comply with the Student Responsibilities noted in the Education Act s.31,

1.2 the student has displayed an attitude of wilful, blatant and repeated refusal to comply with the Code of Conduct established under section 33(2),

1.3 the student’s conduct, whether or not the conduct occurs within the school building or during the school day, is injurious to the physical or mental well‑being of others in the school, or

1.4 the student has distributed an intimate image of another person in the circumstances described in the Education Act section 1 (1.1).

1. The Superintendent will notify the Board Chair to convene a closed session of the Expulsion Committee (a quorum of the Board which includes the Chair or Vice Chair) which shall occur no later than ten (10) school days from the first day of suspension. The suspension continues until the hearing before the Expulsion Committee concludes. The Chair or delegate will notify all the parties at least five (5) days in advance of the date/time/location of the hearing before the Expulsion Committee.
2. Parents of students, or students sixteen (16) years of age or over, have the right to be assisted by a resource person(s) of their choosing. The responsibility for engaging and paying for such assistance rests with the parents or students. The Expulsion Committee may have legal counsel in attendance. The Committee may request the support and counsel of the Superintendent at any time during the appeal process.
3. Notes of the proceedings will be recorded for the purpose of the Charter Board’s records.
4. The Committee Chair will outline the purpose of the hearing, which is to:

5.1  Provide an opportunity to hear representation relative to the recommendation from the Principal;

5.2  Provide an opportunity for the student and/or the student’s parents to make
representation;

5.3  Reinstate or expel the student.

 

1. The Committee Chair will outline the procedure which will be as follows:

• 1 The Principal will present the report documenting the details of the case and the recommendation to expel the student;
• 2 The student and the student’s parents will be given an opportunity to respond to the information presented and to add any additional relevant information;
• 3 The members of the Expulsion Committee will have the opportunity to ask questions of clarification from both the Principal and the student and the student’s parents;
• 4 The Expulsion Committee will meet, without either the administration or the student and the student’s parents present, to discuss the case and the recommendation. The Board’s Legal counsel, if present, may remain in attendance.
• 5 Should the Expulsion Committee require additional information, both parties will be requested to return in order to provide the requested information;
• 6 The Expulsion Committee will then make a decision to either reinstate or expel the student; and,
• 7 The Expulsion Committee’s decision shall be communicated in writing to the student and the student’s parents within five (5) days of the hearing, with copies being provided to the Principal and the Superintendent. The Superintendent’s office will attempt to inform the parent(s) and the student of the decision by telephone, text, e-mail, or in person communication as soon as possible after a decision has been reached.

7. The Expulsion Committee, in making its decision, shall take into account the circumstances under which the student committed the offence(s). The following offences may be considered as reasonable grounds for expulsion:

7.1 Open opposition to the authority of the staff;

7.2 Conduct deemed to be injurious to the general tone and well-being of the student population being served by the school and the staff employed by VSF; including conduct enacted through technological means, regardless of the place of occurrence.

7.3 Willful disobedience over a prolonged period or in a single instance where the disobedience endangers the students, teacher, building or general climate of orderly behaviour;

7.4 Habitual neglect to do work that is assigned to the student and which is within his/her competence to complete;

7.5  Profane or indecent language in the presence of other students or staff;

7.6 Threats of physical violence or acts of violence against a staff member or a serious unprovoked attack on other students;

7.7 Any act of indecency in a school building, on the school grounds, or on a school bus;

7.8 Failure to observe and to obey any reasonable rule, regulation or procedure established by a staff member for maintaining a climate of behaviour conducive to learning;

7.9  Willful or malicious damage to school property or equipment;

7.10 Prohibited use of drugs, alcohol, or tobacco, or illicit materials.

8.. If the Expulsion Committee’s decision is to expel the student, the following information must be included in the letter to the student and the student’s parents:

• 1 The length of the expulsion which must be greater than ten (10) days. An expulsion may apply to a student beyond the school year in which the student is expelled.
• 2 Any rules or conditions for an expelled student respecting the circumstances in which the student may be enrolled in the same or a different education program;
• 3 The educational program to be provided to the student, in accordance with Education Act s.37(10(a) and the name of the individual to be contacted in order to make the necessary arrangements; and
• 4 The right of the student and the student’s parents to request a review of the decision by the Minister of Education (Education Act s.43).

 

 Adopted:  April 2023

Reviewed: April 2024

References: Education Act Section 3, 20, 31, 33, 36, 37, 40, 42, 43, 44, 53, 60, 125, 197, 222, Board Policies 8 Committees, 19 Welcoming and Caring, Appendix Student Code of Conduc