PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Expulsion hearing by board
311.3 (1) If a principal recommends to the board that a pupil be expelled, the board shall hold an expulsion hearing and, for that purpose, the board has the powers and duties specified by board policy.  2007, c. 14, s. 4. Conduct of hearing (2) Subject to the requirements set out in this section, the expulsion hearing shall be conducted in accordance with the requirements established by board policy.  2007, c. 14, s. 4. Parties (3) The parties to the expulsion hearing are: 1. The principal. 2. The pupil, if, i. the pupil is at least 18 years old, or ii. the pupil is 16 or 17 years old and has withdrawn from parental control. 3. The pupil’s parent or guardian, unless, i. the pupil is at least 18 years old, or ii. the pupil is 16 or 17 years old and has withdrawn from parental control. 4. Such other persons as may be specified by board policy.  2007, c. 14, s. 4; 2021, c. 4, Sched. 11, s. 7 (1). Pupil may attend (4) A pupil who is not a party to the expulsion hearing under subsection (3) has the right to be present at the hearing and to make a statement on his or her own behalf.  2007, c. 14, s. 4. Submissions and views of parties (5) At the hearing, the board shall, (a) consider the submissions of each party in whatever form the party chooses to deliver his or her submissions, whether orally, in writing or both; (b) solicit the views of all the parties as to whether the pupil, if he or she is expelled, should be expelled from his or her school only or from all schools of the board; and (c) solicit the views of all the parties as to whether, if the pupil is not expelled, the board should confirm the suspension originally imposed under section 310, confirm the suspension but reduce its duration or withdraw the suspension.  2007, c. 14, s. 4. Decision (6) After completing the hearing, the board shall decide, (a) whether to expel the pupil; and (b) if the pupil is to be expelled, whether the pupil is expelled from his or her school only or from all schools of the board.  2007, c. 14, s. 4. Factors board must consider (7) In making the decisions required under subsection (6), the board shall take into account, (a) all submissions and views of the parties, including their views as to whether the pupil, if expelled, should be expelled from his or her school only or from all schools of the board; (b) any mitigating or other factors prescribed by the regulations; and (c) any written response to the principal’s report recommending expulsion that a person gave to the board under subsection 311.1 (10) before the completion of the hearing.  2007, c. 14, s. 4. Restriction on expulsion (8) The board shall not expel a pupil if more than 20 school days have expired since the pupil was suspended under section 310, unless the parties to the expulsion hearing agree on a later deadline.  2007, c. 14, s. 4. School closure (8.1) If an order is made under subsection 5 (1) of this Act or another Act to close all schools and, at the time the closure begins, a pupil has been suspended under section 310 but no decision has been made under subsection (6) of this section, the director of education may provide, upon the recommendation of a principal, that subsection (8) of this section does not apply in respect of the pupil. 2020, c. 6, Sched. 2, s. 2. Same (8.2) In the circumstances described in subsection (8.1), the Board shall not expel the pupil if more than 20 school days have expired since the school closure order expired, unless the parties to the expulsion hearing agree on a later deadline. 2020, c. 6, Sched. 2, s. 2. Committee (9) The board may authorize a committee of at least three members of the board to exercise and perform powers and duties on behalf of the board under this section, and may impose conditions and restrictions on the committee.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 14, s. 4
- 01/02/2008 CTS 06 JN 14 - 1 2020, c. 6, Sched. 2, s. 2 - 14/04/2020 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021