Administrative Procedure 353: Student Discipline

Legal References

Related References

1. 1. the parent(s)/guardian(s) of the student who the principal believes has been harmed; and
   2. the parent(s)/guardian(s) of any student of the school who the principal believes has engaged in the activity that resulted in the harm, unless the student is an adult student, in which case the adult student’s consent to disclose the information is required.

1. 1. consider whether or not the student is a child in need of protection and, if yes, make a report to the Children’s Aid Society, and document in the student information system why the parent/guardian was not notified;
   2. inform the superintendent responsible for the school that the parent(s)/guardian(s) were not informed and why;
   3. if appropriate, inform the employee who reported the potential of harm that the parent(s)/guardian(s) were not notified and why;
   4. inform other staff working to support the student, as appropriate;
   5. inform the student of the steps being taken by the school to protect their safety, and the supports available.

1. 1. the nature of the activity that resulted in harm to the student;
   2. the nature of the harm to the student;
   3. steps taken to protect the student’s safety, including the nature of any disciplinary measures taken in response to the activity; and
   4. the supports that will be provided for the student in response to the harm that resulted from the activity.

1. 1. the nature of the activity that resulted in harm to the other student;
   2. the nature of the harm to the other student;
   3. the nature of any disciplinary measure taken in response to the activity;
   4. the supports that will be provided for the student in response to their engagement in the activity.

1. 1. Uttering a threat to inflict serious bodily harm on another person.
   2. Possessing alcohol, illegal drugs or, unless the student is a medical cannabis user, cannabis.
   3. Being under the influence of alcohol or, unless the student is a medical cannabis user, cannabis.
   4. Swearing at a teacher or at another person in a position of authority.
   5. Committing an act of vandalism that causes extensive damage to school property at the student’s school or to property located on the premises of the student’s school.
   6. Bullying.
   7. Any other activity that is an activity for which a principal may suspend a student under a policy of the board.

• • Theft;
  • Encouraging or aiding harmful behaviour;
  • Engaging in fighting or physical altercations;
  • Possession or misuse of a harmful substance;
  • Extortion;
  • Inappropriate use of electronic devices, including for harassment or cyberbullying;
  • Any act deemed by the principal to be a serious violation of the school's or the Board's Code of Conduct.

1. 1. Possessing a weapon, including possessing a firearm.
   2. Using a weapon to cause or to threaten bodily harm to another person.
   3. Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner.
   4. Committing sexual assault.
   5. Trafficking in weapons or in illegal drugs.
   6. Committing robbery.
   7. Giving alcohol or cannabis to a minor.
   8. Bullying, if
      i. the student has previously been suspended for engaging in bullying, and
      ii. the student’s continuing presence in the school creates an unacceptable risk to the safety of another person.

• • Sexual harassment;
  • Distribution of Hate Materials;
  • Possession of explosive substances;
  • Any act considered by the principal to be a serious violation of the school's or Board's Code of Conduct.

1. 1. 1. Does the student have the ability to control their behaviour?
      2. Does the student have the ability to understand the foreseeable consequences of their behaviour?
      3. Does the student’s continuing presence in the school create an unacceptable risk to the safety of any person?

1. 1. 1. The student’s history.
      2. Whether a progressive discipline approach has been used with the student.
      3. Whether the activity for which the student may be, or is being, suspended was related to any harassment of the student because of their race, ethnic origin, religion, disability, gender, or sexual orientation, or to any other harassment.
      4. How the suspension or expulsion would affect the student’s ongoing education.
      5. The age of the student.
      6. In the case of a student for whom an individual education plan has been developed:
         i. whether the behaviour was a manifestation of a disability identified in the student’s individual education plan,
         ii. whether appropriate individualized accommodation has been provided, and
         iii. whether the suspension or expulsion is likely to result in an aggravation or worsening of the student’s behaviour or conduct.

1. 1. The reason for the suspension.
   2. The duration of the suspension.
   3. A brief description of the Board’s Alternative Suspension Program to which the student may be assigned.
   4. Information about the right to appeal the suspension, including:
      i. a copy of this Administrative Procedure and the Parent Guide to Suspension Appeals; and
      ii. the name and contact information of the supervisory officer to whom notice of the appeal must be given.

• • For suspensions of six (6) to ten (10) school days, the SAP must include an academic component to support continuity of learning. A non-academic component is not required.
  • For Suspensions of eleven (11) to twenty (20) school days, the SAP must include both academic and non-academic components.

1. 1. advise the school principal of the appeal, and the need to prepare a report;
   2. review the reason for the suspension, the duration, and any mitigating or other factors; and
   3. invite the Appellant to discuss any matter respecting the incident and/or appeal of the suspension, including whether the issues under appeal may be narrowed, or resolved by a mutually agreeable settlement.

1. 1. in consultation with the Appellant, set a time and date for the appeal to be heard by the Student Discipline Committee, and provide the student and their parent/guardian with written notice;
   2. provide the Appellant with a copy of this Administrative Procedure and the Parent Guide;
   3. support the principal as needed in preparing a written report;
   4. provide the Appellant with a copy of the Principal’s Report, no less than five (5) days prior to the hearing; and
   5. advise the Appellant of their right to submit any documentary evidence and/or written submissions or statements that they would like the Student Discipline Committee to consider, provided that such documents are provided to the Superintendent by no less than three (3) days prior to the hearing.

1. 1. The principal who suspended the student;
   2. The suspended student’s parent, if they filed the appeal; and
   3. The student, if they are an adult.

1. 1. a summary of their investigation and findings of fact;
   2. a description of the infraction for which the suspension was imposed;
   3. the principal’s consideration and application of mitigating and other factors in determining whether to impose a suspension, and the duration of the suspension;
   4. a copy of the suspension letter;
   5. a copy of the notice of appeal; and
   6. confirmation that the student was provided with ongoing educational services and/or attended the Board’s Alternate Suspension Program.

1. 1. The hearing will begin with brief opening statements from both parties to present their positions.
   2. The principal will present their report first and outline the rationale for the suspension imposed.
   3. The Appellant will then be provided with the opportunity to present the reasons for their appeal and respond to any matters raised by the principal.
   4. The principal will then have the opportunity to respond to any new issues raised by the Appellant.

1. 1. confirm the suspension and the duration of the suspension;
   2. confirm the suspension, but shorten its duration, even if the suspension that is under appeal has already been served, and order that the student’s record be amended accordingly; or
   3. quash the suspension and order that the record of the suspension be expunged, even if the suspension that is under appeal has already been served.

1. 1. inform the student’s teacher;
   2. if the student is not an adult student, make all reasonable efforts to inform the student’s parent/guardian within twenty-four (24) hours of the suspension being imposed;
   3. promptly provide written notice of the suspension pending completion of the principal’s investigation to the following people:
      i. the student; and
      ii. unless the student is an adult student, the student’s parent/guardian.

1. 1. confirm that the student is still suspended, and that the duration of the suspension shall remain as originally stated;
   2. confirm that the student is still suspended, but for a shorter duration, even if the suspension has already been served, and the principal shall in this case amend the record of suspension accordingly; or
   3. withdraw the suspension and expunge the student’s record, even if the suspension has already been served.

1. 1. a description of the infraction;
   2. a summary of their investigation and findings of fact;
   3. the principal’s consideration and application of mitigating and other factors;
   4. a recommendation for School or Board Expulsion, and reasons;
   5. If the principal recommends:
      i. expulsion from the student’s school, the principal shall specify the type of school the student would benefit from attending.
      ii. expulsion from all schools of the Board, the principal shall state the benefits of attending the Board’s Expulsion Program.
   6. a copy of the suspension and recommendation for expulsion letter;
   7. a copy of the notice of hearing; and
   8. confirmation that the student was assigned to the Board’s Expulsion Program.

1. 1. The principal;
   2. The student, if
      i. the student is at least 18 years old, or
      ii. the student is 16 or 17 years old and has withdrawn from parental control;
   3. The student’s parent, if the student is not an adult.

1. 1. consider the written and/or oral submissions of each party;
   2. solicit the views of all the parties as to whether the student, if expelled, should be expelled from their school, or all schools of the Board;
   3. solicit the views of all the parties as to whether, if the student is not expelled, the Committee should confirm the suspension originally imposed, confirm the suspension but reduce its duration, or withdraw the suspension; and
   4. consider any mitigating or other factors.

1. 1. 1. confirm the suspension and the duration of the suspension;
      2. confirm the suspension, but shorten its duration, even if the suspension that is under appeal has already been served and order that the record of suspension be amended accordingly; or
      3. quash the suspension and order that the record of the suspension be expunged, even if the suspension that is under appeal has already been served.

1. 1. 1. 1. The reason for the expulsion;
         2. A statement indicating whether the student is expelled from his or her school only or from all schools of the board;
         3. Information about the school or program for expelled students to which the student is assigned;
         4. Information about the right to appeal, including the steps that must be taken to appeal as outlined in Appendix A – Caregiver’s Guide to the Suspension and Expulsion Process.

1. 1. 1. 1. in the case of a student expelled from his or her school, only another school of the board; or
         2. in the case of a student expelled from all schools of the board, a program for expelled students.