Results of third performance appraisal
 37. (1) Where the principal conducting the performance appraisal required by subsection 36 (3) determines that the rating is satisfactory, (a) the vice-principal immediately ceases to be on review status; and (b) the principal shall advise the appropriate supervisory officer, the director of education and the vice-principal in writing of that fact and shall give the vice-principal written notice of the rating on the appraisal.  O. Reg. 234/10, s. 37 (1). (2) Where a performance appraisal required by subsection 36 (3) results in an unsatisfactory rating, the principal and the appropriate supervisory officer shall promptly notify the board in writing that the performance appraisal has resulted in a third consecutive unsatisfactory rating and recommend that, (a) the vice-principal be reassigned or have his or her employment terminated; or (b) other appropriate actions be taken.  O. Reg. 234/10, s. 37 (2). (3) The notice and recommendation under subsection (2) shall be accompanied by a copy of the summative report and copies of all documents relied on in conducting the performance appraisals referred to in subsections 34 (1), (4) and 36 (3).  O. Reg. 234/10, s. 37 (3). (4) Where the principal’s duties and powers are performed and exercised by a supervisory officer in accordance with section 41 or by the director of education in accordance with section 42, the supervisory officer or the director of education shall perform the duties under subsections (2) and (3) alone.  O. Reg. 234/10, s. 37 (4). (5) The principal shall promptly provide the vice-principal with copies of the notice and recommendation under subsection (2) and of all documents referred to in subsection (3).  O. Reg. 234/10, s. 37 (5). (6) A board that receives a recommendation under subsection (2) shall, after considering all documents provided to it, (a) determine that the vice-principal was performing satisfactorily as a vice-principal in the position that he or she had at the time of the most recent performance appraisal; or (b) determine that the vice-principal was not performing satisfactorily as a vice-principal in the position that he or she had at the time of the most recent performance appraisal and reassign the vice-principal to other duties, terminate the vice-principal’s employment or take other appropriate actions.  O. Reg. 234/10, s. 37 (6). (7) The determination of the board shall be made within 60 days after the day the recommendation under subsection (2) is made.  O. Reg. 234/10, s. 37 (7). (8) If the board makes the determination described in clause (6) (a), the vice-principal shall remain in the position that he or she had at the time of the most recent performance appraisal, unless the board and vice-principal otherwise agree.  O. Reg. 234/10, s. 37 (8). (9) A board shall not terminate the employment of a vice-principal without first giving the vice-principal reasonable information about the reasons for the termination and an opportunity to make submissions to the board.  O. Reg. 234/10, s. 37 (9). (10) In making decisions and providing information under this section, the board shall comply with any applicable board policies and procedures.  O. Reg. 234/10, s. 37 (10). Rules for Special Circumstances