PART XIII BEHAVIOUR, DISCIPLINE AND SAFETY
Appeal of suspension
309 (1) The following persons may appeal, to the board, a principal’s decision to suspend a pupil under section 306: 1. 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 the pupil is 16 or 17 years old and has withdrawn from parental control. 2.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 the pupil is 16 or 17 years old and has withdrawn from parental control. 3. Such other persons as may be specified by board policy.  2007, c. 14, s. 4; 2021, c. 4, Sched. 11, s. 7 (1). Board designate (2) Every board shall designate a supervisory officer for the purposes of receiving notices of intention to appeal a suspension.  2007, c. 14, s. 4. Notice of appeal (3) A person who is entitled to appeal a suspension under subsection (1) must give written notice of his or her intention to appeal to the supervisory officer designated by the board within 10 school days of the commencement of the suspension.  2007, c. 14, s. 4. Extension of time (3.1) The supervisory officer may extend the deadline mentioned in subsection (3) if the person requests an extension to accommodate his or her disability. 2016, c. 5, Sched. 8, s. 10. Board to inform all parties (4) After receiving a notice of intention to appeal under subsection (3), the board shall promptly contact every person entitled to appeal the suspension under subsection (1) and inform him or her that it has received the notice of intention to appeal.  2007, c. 14, s. 4. Party may contact supervisory officer (5) A person who has given notice of intention to appeal under subsection (3) may contact the supervisory officer designated under subsection (2) to discuss any matter respecting the appeal of the suspension and, for the purposes of this section, the supervisory officer has the powers and duties set out in board policy.  2007, c. 14, s. 4. Hearing of appeal (6) The board shall hear and determine the appeal within 15 school days of receiving notice under subsection (3), unless the parties agree on a later deadline, and shall not refuse to deal with the appeal on the ground that there is a deficiency in the notice of appeal.  2007, c. 14, s. 4. Appeal process (7) Subject to this section, an appeal shall be conducted in accordance with the requirements established by board policy.  2007, c. 14, s. 4. Parties to appeal (8) The parties to the appeal are: 1. The principal who suspended the pupil. 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, if the pupil’s parent or guardian appealed the decision to suspend the pupil. 4. The person who appealed the decision to suspend the pupil, if the decision was appealed by a person other than the pupil or the pupil’s parent or guardian. 5. 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 (9) A pupil who is not a party to the appeal under subsection (8) has the right to be present at the appeal and to make a statement on his or her own behalf.  2007, c. 14, s. 4. Powers on appeal (10) The board shall, (a) confirm the suspension and the duration of the suspension; (b) 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 the suspension be amended accordingly; or (c) 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.  2007, c. 14, s. 4. Decision final (11) The decision of the board on an appeal under this section is final.  2007, c. 14, s. 4. Committee (12) 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) 2000, c. 12, s. 3
- 01/09/2001 2007, c. 14, s. 4
- 01/02/2008 2016, c. 5, Sched. 8, s. 10 - 19/04/2016 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021 Suspension, Investigation and Possible Expulsion