PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Investigation following suspension
311.1 (1) When a pupil is suspended under section 310, the principal shall conduct an investigation to determine whether to recommend to the board that the pupil be expelled.  2007, c. 14, s. 4. Conduct of investigation (2) The principal’s investigation shall begin promptly following the suspension and shall be conducted in accordance with the requirements established by board policy and, for the purpose of the investigation, the principal has the powers and duties set out in the policy.  2007, c. 14, s. 4. Same (3) As part of the investigation, the principal shall make all reasonable efforts to speak with the following persons: 1. The pupil. 2. 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 the pupil is 16 or 17 years old and has withdrawn from parental control. 3. Any other person whom the principal has reason to believe may have relevant information.  2007, c. 14, s. 4; 2021, c. 4, Sched. 11, s. 7 (1). Factors principal must consider (4) In considering whether to recommend to the board that the pupil be expelled, a principal shall take into account any mitigating or other factors prescribed by the regulations.  2007, c. 14, s. 4. If expulsion not recommended (5) If, on concluding the investigation, the principal decides not to recommend to the board that the pupil be expelled, the principal shall, (a) confirm the suspension and the duration of the suspension; (b) confirm the suspension but shorten its duration, even if the suspension has already been served, and amend the record of the suspension accordingly; or (c) withdraw the suspension and expunge the record of the suspension, even if the suspension has already been served.  2007, c. 14, s. 4. Same: notice (6) If the principal does not recommend to the board that the pupil be expelled, the principal shall ensure that written notice containing the following information is given promptly to every person to whom he or she was required to give notice of the suspension under section 311: 1. A statement that the pupil will not be subject to an expulsion hearing for the activity that resulted in the suspension. 2. A statement indicating whether the principal has, under subsection (5), confirmed the suspension and its duration, confirmed the suspension but reduced its duration or withdrawn the suspension. 3. Unless the suspension was withdrawn, information about the right to appeal the suspension under section 311.2, including, i. a copy of the board policies and guidelines governing the appeal established by the board under subsection 302 (6), and ii. the name and contact information of the supervisory officer to whom notice of the appeal must be given under section 311.2.  2007, c. 14, s. 4. If expulsion recommended: report (7) If, on concluding the investigation, the principal decides to recommend to the board that the pupil be expelled, he or she shall prepare a report that contains the following: 1. A summary of the principal’s findings. 2. The principal’s recommendation as to whether the pupil should be expelled from his or her school only or from all schools of the board. 3. The principal’s recommendation as to, i. the type of school that might benefit the pupil, if the pupil is expelled from his or her school only, or ii. the type of program for expelled pupils that might benefit the pupil, if the pupil is expelled from all schools of the board.  2007, c. 14, s. 4. Same (8) The principal shall promptly provide a copy of the report to the board and to every person whom the principal was required to give notice of the suspension under section 311.  2007, c. 14, s. 4. Written notice (9) The principal shall ensure that written notice containing the following is given to every person to whom the principal was required to give notice of the suspension under section 311 at the same time as the principal’s report is provided to that person: 1. A statement that the pupil will be subject to an expulsion hearing for the activity that resulted in the suspension. 2. A copy of the board policies and guidelines governing the expulsion hearing established by the board under subsection 302 (6). 3. A statement that the person has the right to respond, in writing, to the principal’s report provided under this section. 4. Detailed information about the procedures and possible outcomes of the expulsion hearing, including, but not limited to, information explaining that, i. if the board does not expel the pupil, it will, with respect to the suspension imposed under section 310, confirm the suspension, shorten its duration or withdraw it, ii. the parties will have the right to make submissions during the expulsion hearing as to whether, if the pupil is not expelled, the suspension imposed under section 310 should be confirmed, reduced or withdrawn, iii. any decision of the board with respect to the suspension imposed under section 310 made at the expulsion hearing is final and not subject to appeal, iv. if the board expels the pupil from his or her school only, the board will assign the pupil to another school, and v. if the board expels the pupil from all schools of the board, the board will assign the pupil to a program for expelled pupils. 5. The name and contact information of a supervisory officer whom the person may contact to discuss any matter respecting the expulsion hearing.  2007, c. 14, s. 4. Party may respond (10) A person who is entitled to receive the principal’s report under subsection (8) and written notice under subsection (9) may respond, in writing, to the principal and the board.  2007, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 14, s. 4
- 01/02/2008 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021