Procedure 2.1.18 SAFE SCHOOLS: STUDENT DISCIPLINE, BULLYING PREVENTION AND INTERVENTION

The Principal must consider suspension if a student from grade 4 to grade 12 has engaged in any of the activities listed below.  Students in junior kindergarten to Grade 3 cannot be suspended for these activities. 

1. Uttering a threat to inflict serious bodily harm on another person;
2. Possessing alcohol, illegal drugs, controlled and/or restricted substances;
3. Being under the influence of alcohol, controlled and/or restricted substances;
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 pupil's school or to property located on the premises of the pupil's school;
6. Bullying;
7. Any act considered by the Principal to be injurious to the moral tone of the school;
8. Any act considered by the Principal to be injurious to the physical or mental well-being of members of the school community; or
9. Any act considered by the Principal to be contrary to the Board or school Code of Conduct.

If the principal believes that a student in grade 4 to grade 12 has engaged in any of the activities listed below, the Principal will suspend the student and conduct a further investigation and determine whether the student should be referred to the Discipline Committee for expulsion.

Activities include:

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, illegal, controlled and/or restricted substances; 
6. Committing robbery;
7. Giving alcohol or illegal, controlled and/or restricted substances to a minor; 
   1. 7.1.  Bullying, if,
      1. the pupil has previously been suspended for engaging in bulling (grades 4-12 only), and
      2. the pupil’s continuing presence in the school creates an unacceptable risk to the safety of another person;
   2. Any activity listed which a student may be suspended that is motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identity, gender expression, or any other similar factor;
8. A pattern of behaviour that is so inappropriate that the student's continued presence is injurious to the effective learning and/or working environment of others;
9. Activities engaged in by the student on or off school property that cause the student's continuing presence in the school to create an unacceptable risk to the physical or mental well-being of other person(s) in the school or Board;
10. Activities engaged in by the student on or off school property that have caused extensive damage to the property of the Board or to goods that are/were on Board property;
11. The student has demonstrated through a pattern of behaviour that they have not prospered by the instruction available to them and that they are persistently resistant to making changes in behaviour which would enable them to prosper;
12. Where a student has no history of discipline or behaviour intervention, or no relevant history, a single act, incident or infraction considered by the Principal to be a serious violation of the expectations of student behaviour and/or a serious breach of the Board or school Code of Conduct.

When a board staff member or transportation provider becomes aware of any infractions for which a suspension or expulsion may be imposed they must report the infraction and any details in writing to the Principal or designate using the Safe Schools Incident Reporting Form – Part 1 (Appendix B1) at the earliest, safe opportunity and no later than the end of the school day, or end of a transportation run, if reported by a transportation provider. Where two (2) or more board staff and/or transportation providers become aware of the same incident, each staff member and transportation provider shall make a report to the Principal or designate during the absence of administration at the earliest opportunity.  Teacher-in-Charge who receives a Safe Schools Incident Reporting Form – Part 1 shall provide it to tan administrator at the earliest opportunity.  

The purpose of reporting incidents is to ensure that the Principal/Vice-Principal is aware of the behaviour.

The Principal/Vice-Principal will investigate all reports submitted and will assign a report number to each Form.  Written acknowledge will be provided to the individual who submitted the form using the Safe Schools Incident Reporting Form - Part 2 (Appendix B2). No information identifying students will be included on the Safe Schools Incident Reporting Form - Part 2 (Appendix B2). 

The employee or transportation provider may destroy the Appendix B2, but if they choose to retain it, it must be retained in a secure location for at least twelve (12) months.

ln circumstances in which action is taken (e.g., for progressive discipline as a result of an incident of bullying) a copy of the reporting form (Appendix B1) with documentation indicating the action taken shall be filed in that student's Ontario Student Record (OSR) documentation file. The Principal/Vice-Principal shall ensure that all information that could identify other students has been removed before it is filed in the OSR.

When action is taken against more than one student, the reporting form with documentation indicating the action taken shall be filed in each student's OSR with all identifying information about other students redacted.

Possible actions taken can include anything on the progressive discipline continuum, e.g. - warning, contacting parent, removal of privileges and suspension.

ln circumstances where the victim has also demonstrated inappropriate behaviour during the same incident a copy of the reporting form and the action taken will be placed in the student's OSR. Appendix B1 should only be filed in the victim's OSR if the parents of the victim have been informed of the incident. When the parents have not been informed by the Principal or Vice-Principal of the victim's behaviour as a result of a concern for the victim’s safety, a copy of the Appendix B1 shall NOT be filed in the victim's OSR. 

Where the victim has NOT demonstrated any inappropriate behaviour during the incident, no information about the incident must be placed in their OSR, unless that student’s parent/guardian (or the adult student) expressly requests that it be placed in the OSR.  In such circumstances, any identifying information in the Appendix B1 about other students will be redacted.  

ln circumstances where Appendix B1 is retained but not filed in a student's OSR, it must be stored in a secure cabinet and measures must be taken to ensure access is limited and that all personal information is protected as private. Where a proceeding has been undertaken or an application has been made to the Human Rights Tribunal of Ontario, the Appendix B1 shall be retained until such proceeding or application has been finally resolved.

The retention period for Safe Schools Reporting Forms is the balance of the school year in which the incident occurred plus the following school year.  If the principal has identified the incident as violent, the reporting form must be retained in the student’s OSR with the Violent Incident Form in accordance with the retention period outlined in the Violence Prevention Policy & Procedures 2.1.7. unless or until it is removed pursuant to section 266 of the Education Act or as a result of a suspension review, suspension appeal, expulsion appeal, settlement or final determination of legal proceeding.

Each year the Principal shall review with all staff their duty to report as outlined above. This review shall include instructions regarding the completion of the Appendix B1 and the receipt and destruction of the Appendix B2. 

(refer to Student Discipline Reporting Process, attached as Appendix C).

7.1 Support for Students

Supports must be provided for all students who are affected by serious student incidents and those who engage serious incidents, to assist them to develop healthy relationship, make choices that support continued learning,  and achievement of potential. Supports may be provided support using progressive discipline strategies, school or board interventions, or community-based services, as appropriate.

When a student has been harmed, the Principal or Vice-Principal shall ensure steps are taken by the school to protect the victim's safety. These measures might include a Victim Support Plan (Appendix D) and the implementation of prevention strategies identified in this procedure. The Principal or Vice-Principal may recommend a referral for the student to receive social work support.

In addition, where the victim has been harassed, bullied or suffered violence as a result of one or more immutable characteristics including any grounds protected by the Human Rights Code, or has been sexually assaulted, the Principal or Vice-Principal shall provide contact information about professional supports, such as community agencies, public health facilities and telecommunications forums, such as a help-phone-line or website, that the victim may access for information, assistance and support. Supports might include Kids Help Phone and the Lesbian, Gay, Bisexual and Transgendered Youth Line. A written list of community contacts shall be made available to the victim and/or their parent/guardian. The list is also available on the Board's website in the Mental Health and Well-being section. Where the victim requires support for linguistic, ethno-cultural or disability related needs, information about community supports that are available shall also be shared with the victim in a form most accessible to the victim.

7.2 Notifying a Parent/Guardian

Following a serious student incident (one where suspension or expulsion would be considered), the Principal or Vice-Principal shall notify the parent/guardian of the student who has been harmed and the student who engaged in the activity that resulted in the harm, unless the student is an adult student or in the opinion of the Principal or Vice-Principal providing information to the parent/guardian would put the student at risk of harm and would not be in the student’s best interest.. If the student is an adult student, the Principal and Vice Principal shall inform the parent/guardian only with the student’s consent.

When informing the parent/guardian of a student who has engaged in a serious student incident, he Education Act states that the Principal shall disclose:

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

When informing the parent/guardian of a student who has been harmed, the Education Act states that the principal shall disclose:

1. the nature of the activity that resulted in harm to the pupil;
2. the nature of the harm to the pupil;
3. the steps taken to protect the pupil’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 pupil in response to the harm that resulted from the activity.

The Principal or Vice-Principal shall only disclose the specific type of disciplinary measures that might have been imposed. In the case of a suspension being imposed, it is not necessary for the Principal to say for how many days a student was suspended.   Similarly, the details of other forms of progressive discipline need not be provided, but the type of discipline must be explained. Where the student(s) disciplined shall no longer be attending the same school as the victim, this fact may be confirmed.

The Principal shall not disclose the name of or any other identifying personal information about a student who has been harmed. 

When notifying a parent/guardian about these incidents, the principal must invite parents to have a discussion with them about the supports that will be provided to their child.

When notifying the parent/guardian of the student who has been the victim of an incident, the Principal or Vice-Principal shall identify its impact on the student to the degree known by the Principal or Vice-Principal, and outline the steps being taken by the school to protect the student's safety.

The Principal or Vice-Principal may communicate to the student’s parent/guardian any school wide initiatives or preventative measures that have been or will be implemented as a result of the incident and/or other similar incidents.

The information about supports for the student provided to the parent/guardian shall be summarized in written form, which shall also include a copy of the contact information for the appropriate Superintendent of Education. A copy of the written summary, including a copy of a Victim Support Plan, shall be provided to the parent/guardian and the Superintendent of Education.

The Principal or Vice-Principal shall also inform the parent/guardian that if they are NOT satisfied with the measures being taken to protect and support the victim, the parent/guardian may contact the appropriate Superintendent of Education to request a review of the measures being taken by the school.

7.3 Not Notifying a Parent/Guardian

Where, in the opinion of the Principal/Vice-Principal, providing information to the student's parent/guardian would put the victim at risk of harm, such that notification would not be in the student's best interests, or where the student is an adult student and does NOT consent to their parent/guardian being informed, the Principal/Vice-Principal/Teacher-in-Charge shall not inform the student's parent/guardian. A Teacher-in-Charge shall report to the Administration at the earliest opportunity the reason(s) why notification was not provided to the parent/guardian.

The Principal or Vice-Principal shall:

1. Consider whether or not the student is a child in need of protection and, if so, make a report to the Children's Aid Society, and if in doubt, the Principal or Vice-Principal shall make a no-names call to CAS to inquire about the appropriateness of making a report; 
2. Document in the Student Information System why the parent/guardian was not notified;
3. Inform their Superintendent of Education that the parent/guardian was not informed and why;
4. Refer the student to board resources or to a community-based service provider that can provide the appropriate type of confidential support when the student’s parent are not called (e.g., counselling; a sexual assault centre; Kids Help Phone; LGBT Youth Line)
5. If a teacher informed the principal or the potential for harm, inform the teacher that the parent/guardian was not informed and why; and
6. Inform other staff working to support the student, as appropriate.

When a Principal/Vice-Principal's investigation of an incident, which should include consultation with the adult student or the student's parent/guardian and student, determines that a student has committed one or more infractions outlined in Section 6 on school property, during a school-related activity or event, and/or in circumstances where the infraction has an impact on the school climate, a Principal or Vice-Principal shall consider whether that student should be suspended.

The Principal or Vice-Principal will also contact the police consistent with board policy if the infraction the student is suspected of committing requires such contact. When in doubt, the Principal will consult with their Superintendent of Education. 

A student may be suspended only once for any incident of an infraction and may be suspended for a minimum of one (1) school day and a maximum of twenty (20) school days. Suspensions should be applied in the least restrictive manner possible to be effective and so as not to add to the historical disadvantage of racialized students and/or students with disabilities.

Principals shall suspend a student in grade 4 to grade 12 for up to 20 school days if the Principal believes that the student has engaged in an activity for which the student might be expelled by the school board.

A pupil in junior kindergarten, kindergarten or grade 1, 2 or 3 shall not be suspended under section 310 of the Act for engaging in an activity described in subsection 310 (1) of the Act unless the principal has conducted an investigation respecting the allegations.  

The Education Act requires the Principal to consider mitigating and other factors in determining the length of the suspension and in determining whether to recommend expulsion.

The Principal will make every effort to consult with the pupil, where appropriate, and the pupil’s parent/guardian, if the pupil is not an adult pupil. The principal will also consult to identify whether any mitigating factors might apply in the circumstances. However, despite consultation, the identification of mitigating and other factors remains the responsibility of the Principal.

If a student does not have the ability to control their behaviour or does not understand the foreseeable consequences of their behaviour, the Principal or Vice-Principal may decide not to suspend the student. 

If the student poses an unacceptable risk to the safety of others in the school, the Principal shall consult with their Superintendent of Education regarding appropriate accommodations and/or strategies that might be instituted to ensure safety of students, staff, and others in the school.

8.1 Consultation

Before imposing a suspension of eleven (11) or more school days, the Principal shall consult with the Superintendent of Education regarding:

1. Whether or not accommodation pursuant to the Human Rights Code has been considered, and where applicable, applied to the point of undue hardship;
2. The investigation undertaken;
3. The circumstances of the incident;
4. Whether or not one or more of the factors outlined above are applicable in the circumstances; and 
5. The appropriate length of the suspension.

8.2 School Work

A student who is subject to a suspension of five (5) or fewer school days must be provided with schoolwork to complete at home while serving the suspension. The schoolwork must be available to the adult student's designate or the student's parent/guardian or designate the day the student is suspended, if the student is suspended for one (1) school day. Where the student has been suspended for two (2) or more school days the Principal or Vice-Principal shall ensure that the schoolwork provided to the student will be available the day the student is suspended or the following school day.

ln addition to receiving schoolwork for the first five (5) school days of suspension, a student who is subject to a suspension of six (6) or more school days must be assigned to an Alternative Suspension Program (ASP) for students subject to lengthy suspension. A student participating in an ASP is not considered to be engaging in school or school-related activities.

8.3 Procedural Steps When Imposing a Suspension

Where a Principal (or Vice-Principal in circumstances of a suspension for five (5) or fewer days) has determined that it is appropriate in the circumstances to impose a suspension, the Principal or Vice-Principal is required to affect the following procedural steps:

1. Within 24 hours of the decision, the Principal or Vice-Principal must make all reasonable efforts to orally inform the adult student or the student's parent/guardian of the suspension;
2. The Principal or Vice-Principal must inform the student's Teacher(s) of the suspension;
3. The Principal or Vice-Principal in conjunction with the student's Teacher(s) must organize schoolwork to be provided for the student to be completed during the duration of the student's suspension;
4. The Principal or Vice-Principal must provide written notice of the suspension to the student, the student's parent/guardian (unless the student is an adult student), the Superintendent of Education, and the attendance counsellor. The written notice (from Student Information System – sample attached as Appendix E & Appendix O) will include:
   1. The reason for suspension;
   2. The duration of the suspension, including the student's date of return to school;
   3. Information about the ASP the student is assigned to, where the student is suspended for six (6) or more school days;
   4. Information about the right to appeal the suspension, including the relevant policies and guidelines and the contact information for the Superintendent of Education; or
5. Every effort should be made to include the schoolwork with the letter of suspension to the student and the student's parent/guardian (unless the student is an adult student) on the day the student is suspended if the letter is provided to the student to take home. If it is not possible to provide the letter because the student and/or their parent/guardian is not available, the letter should be mailed, couriered, faxed or emailed to the home address that day and schoolwork should be made available for the adult student's designate or student's parent/guardian or designate.
6. Where the incident is a serious violent incident, including a credible threat to inflict serious bodily harm or vandalism causing extensive damage to Board property or property located on Board property, consideration should be given to filling out and filing a Violent Incident Form in the student's Ontario Student Record. Refer to Policy 2.1.7 - Violence Prevention.

8.4 Program for Students on Long-Term Suspension

Where a student has been suspended for six (6) or more school days, the student will be assigned to a Program for Students on Long Term Suspension (the Program). The student will be provided with schoolwork for the first five (5) school days or until the Program commences, whichever is earlier. The Principal or Vice-Principal shall communicate to the adult student or parent/guardian the purpose and nature of the Program.

The Program shall consist of academic and non-academic supports as follows:

Academic Supports (suspensions of 6 or more days):

Every effort will be made to maintain the student’s regular academic course work. Elementary students

will be supported in continuing to acquire the necessary knowledge and skills outlined in the Ontario curriculum. Secondary students will be supported in continuing to earn credits towards their OSSD.

Non-Academic Supports (suspensions of 11 or more days, or 6-10 days as appropriate and available):

Identifying and addressing the underlying causes of the student’s behaviour, in order to reduce the risk that the student might receive a suspension or expulsion in the future. This can include a wide range of services or supports, including access to culturally appropriate counselling, and can include referrals to community-based services.

A student cannot be compelled to participate in a Program for Students on Long Term Suspension. Should the adult student or a student's parent/guardian choose not to have the student participate in the Program, the student will continue to be provided with schoolwork consistent with the Ontario curriculum or that student's modified or alternative curriculum to be completed at home for the duration of their suspension.

Agreement or refusal to participate in a Program for Students on Long Term Suspension may be communicated to the school orally by the adult student or the student's parent/guardian. Where the adult student or student's parent/guardian declines the offer to participate in the Program, the Principal or Vice-Principal shall record the date and time of such refusal. 

8.5 Planning Meeting

A planning meeting will be scheduled to occur within two (2) school days of the adult student or the student's parent/guardian informing the school that the student will participate in a Program for Students on Long-Term Suspension. The purpose of the planning meeting is to:

• identify the needs of the student;
• identify the student’s risk factors and protective factors;
• clearly identify any types of support that the student may need to continue their learning;
• establish the objectives of the program.

The meeting is a collaboration between school and Board staff and the adult student or parent/guardian. 

Principals should make reasonable efforts to include appropriate teaching and support staff In addition, including health professionals and community agency staff as appropriate.

If the student's parent/guardian is not available to participate in the planning meeting, the meeting will proceed in their absence.

8.6 Program for Students on Long-Term Suspension - Student Action Plan (SAP)

8.7 Suspension Pending Investigation for Expulsion

Where a principal has reason to believe that a student (in grades 4 – 12) has engaged in behavoiur that might lead to a recommendation for expulsion, the principal shall suspend the students and conduct an investigation promptly following the suspension of the student to determine whether to recommend to the Discipline Committee that the student be expelled.

As part of the investigation, the Principal will consult with the Superintendent of Education regarding any issues of process and/or timing for conducting the investigation, which must be completed at the earliest opportunity and the substantive decision whether or not to recommend that the student be expelled from the student’s school or all schools of the Board. 

Before referring a student to the Discipline Committee of the Board for expulsion, the administration shall consider whether or not the recommendation might have a disproportionate impact on a student protected by the Human Rights Code, and/or exacerbate the student's disadvantaged position in society, including but not limited to racialized students, students with disabilities, or students who are otherwise from marginalized groups, and whether or not accommodation has been provided and required as part of the discipline decision.  

Should the decision be made to refer the student to the Discipline Committee with a recommendation for expulsion, the student must be referred to and dealt with by the Discipline Committee within twenty

(20) school days from the date of suspension (unless timelines are extended on consent).

Any police investigation will be conducted separately from the Principal's inquiry. As part of the investigation, the Principal shall:

1. Make all reasonable efforts to speak with the adult student or the student's parent/guardian and the student;
2. Include interviews with witnesses who the Principal determines can contribute relevant information to the investigation;
3. Make every reasonable effort to interview any witnesses suggested by the student, or the student's parent/guardian; and
4. Consider the mitigating and other factors when determining whether to recommend to the Discipline Committee that the student be expelled.
5. Consider whether or not the student is protected by the Human Rights Code, including but not limited to race and disability, and/or is in a disadvantaged position in society, and evaluate the appropriateness of the accommodation if any was provided.
6. Consider and reference the following student details in their Report:
   1. Report Card(s) – current and previous school year
   2. Attendance Record
   3. IEP/IPRC if applicable
   4. Progressive discipline history
   5. Support Services
   6. Any other information or reports deemed relevant to the investigation
7. Assess progressive discipline approaches and their effectiveness

Before making a decision, the Principal will make every effort to consult with the adult student or the student’s parent/guardian.

8.7.1 Decision Not to Recommend Expulsion

Following the investigation and consideration of the mitigating and other factors and the application of the Code, if the Principal decides not to recommend to the Discipline Committee that the student be expelled, the Principal shall:

1. Confirm the suspension and its duration;
2. Confirm the suspension but shorten its duration and amend the record accordingly; or
3. Withdraw the suspension and expunge the record.

If the Principal has decided not to recommend an expulsion of the student, they must consider whether progressive discipline is appropriate in the circumstances. The Principal will provide written notice of this decision to the adult student or the student's parent/guardian and student. The notice shall include:

1. A statement of the Principal's decision not to recommend expulsion to the Discipline Committee;
2. A statement indicating whether the suspension has been upheld, upheld and shortened, or withdrawn;
3. If the suspension has been upheld or upheld and shortened, information about the right to appeal the suspension, including:
   1. A copy of the Board policies and guidelines regarding suspension appeals;
   2. Contact information for the Superintendent of Education;
   3. A statement that written notice of an intention to appeal must be given within five (5) school days following receipt by the party of notice of the decision not to recommend expulsion; or
   4. If the length of the suspension has been reduced, notice that the appeal is of the reduced suspension, and not the original suspension.

8.8 Suspension Appeal Process

(refer to Suspension Appeal Process – Appendix G)

The adult student or the student's parent/guardian may appeal a suspension.

If a student has been suspended pending an investigation to determine whether to recommend an expulsion, they must wait until after the Principal has conducted their investigation and made their decision. If the Principal decides not to recommend an expulsion, then the adult student or the student’s parent/guardian may appeal the suspension. If the Principal decides to recommend an expulsion, the suspension will be addressed during the expulsion process as outlined in Section 9.

All suspension appeals will be received by the Superintendent of Education.

• An appeal of a suspension does not stay the suspension.
• A person who intends to appeal a suspension must give written notice of their intention to appeal the suspension within ten (10) school days of the commencement of the suspension.
• The board must hear and/or determine the appeal within fifteen (15) school days of receiving the notice of intention to appeal (unless the parties agree to an extension).

Upon receipt of written notice of the intention to appeal the suspension, the Superintendent of

Education:

1. Will promptly advise the school Principal of the appeal, and requests Principal’s Report (Appendix H); When compiling their Report, the Principal will consider and reference the following student details:
   • Report Card(s) – current and previous school year
   • Attendance Record
   • IEP/IPRC if applicable
   • Student discipline notes/records if applicable
   • Any other information or reports deemed relevant to the investigation
2. Will promptly advise the adult student or the student's parent/guardian that a review of the suspension will take place and invite the appellant to discuss any matter respecting the incident and/or appeal of the suspension; (refer to the Notice of Suspension Review – Appendix I) 
3. Will review the suspension (reason, duration, any mitigating or other factors, whether or not the Human Rights Code should be or was appropriately applied);
4. May consult with the Principal regarding modification or expunging the suspension;
5. Will request a meeting with the adult student or the student's parent/guardian and the Principal to narrow the issues and try to reach a settlement;
6. Will, where a settlement is not reached, provide notice of the review decision to the adult student or student's parent/guardian. (refer to the Suspension Review Decision Letter – Appendix J)

8.9 Suspension Appeal before the Discipline Committee of the Board

Where the suspension is upheld on review and the adult student or student's parent/guardian chooses to continue with the appeal, the appeal will be heard orally, in camera, by the Discipline Committee of Trustees.  Before the appeal, a meeting will be held to explain the Suspension Appeal process, which will be conducted in accordance with the Discipline Committee Appeal Guidelines (Appendix L). 

A Suspension Appeal shall not be conducted pursuant to the Statutory Powers Procedure Act.

The Superintendent of Education will:

1. Prepare an appeal package as outlined in Appendix L, and forward it to the Director’s office two (2) days prior to the meeting to explain the appeal process. 
2. Inform the adult student or the student's parent/guardian of the date, time and location of the Suspension Appeal, as well as any links, electronic invitations or passcodes required if the proceeding is virtual. 

The Director of Education will arrange and coordinate the appeal.

The parties in an appeal to the Discipline Committee shall be:

1. The Principal; and
2. The adult student or the student's parent/guardian.

A student has the right to be present during the appeal and to make a statement or submission on their own behalf. The Discipline Committee may grant a person with daily care the authority to make submissions on behalf of the student. An adult student or student's parent/guardian may bring legal counsel, an advocate or support person with them to the appeal.

When legal counsel is representing the adult student or parent/guardian, the Board may choose to have legal counsel represent the Discipline Committee and/or the Principal. 

The Discipline Committee may make such orders or give such directions at an appeal as it considers necessary for the maintenance of order at the appeal.

Where any party who has received proper notice of the location, date and time of the appeal, including any links, electronic invitations and passcodes if applicable, fails to attend the appeal or comply with the necessary timelines, the appeal may proceed in the absence of the party and the party is not entitled to any further notice of the proceedings.

The Discipline Committee will consider, based on the written and/or oral submissions of both parties, whether or not the consequence might have a disproportionate impact on a student protected by the Human Rights Code, including but not limited to race and disability, and/or whether the suspension may  exacerbate the student's disadvantaged position in society and whether the decision was reasonable in the circumstances, and shall either:

1. Confirm the suspension and its duration; or
2. Confirm the suspension but shorten its duration and amend the record, as necessary; or
3. Quash the suspension and order that the record be expunged.

The decision of the Discipline Committee is final. The decision shall be communicated to the appellant in writing.

(refer to the Board Suspension Appeal Decision: Appendix M1 & Appendix M2)

8.10 Re-Entry to School

(Refer to the Expulsion Proceeding Process – Appendix N)

If a Principal, in consultation with the Superintendent of Education determines that a referral for expulsion is warranted, the Superintendent of Education must refer the recommendation for expulsion to the Discipline Committee with time for it to be heard within twenty (20) school days from the date the Principal suspended the student, unless the parties to the expulsion proceeding agree upon a later date. Expulsion proceedings may be held in person or by virtual/electronic means. Before the expulsion proceeding, a meeting will be scheduled in accordance with the Discipline Committee Expulsion Guidelines (Appendix K).

An expulsion proceeding shall not be conducted pursuant to the Statutory Powers Procedure Act.  

9.1 Roles for the purpose of the expulsion proceeding

The Principal will: 

1. Provide the Superintendent of Education with the following three (3) days prior to the meeting date:
   1. A statement that the student is being referred to the Discipline Committee to determine whether the student will be expelled for the activity that resulted in suspension;
   2. Suspension Pending Investigation for Expulsion, (Appendix O) 
   3. Program for Student on Long-Term Suspension – Student Action Plan (Appendix F)
   4. Principal’s Report (Appendix H)
   5. Any student information or reports referenced in the Principal’s Report

The Superintendent of Education will:

1. Advise the Director of Education of the general details of the incident, including actions taken or pending.
2. Provide the adult student or the student’s parent/guardian with a formal Notice of Recommendation for Expulsion (Appendix P2) which includes:
   1. The date, time and location of the meeting and potential expulsion proceeding; 
   2. A statement that they will be offered the opportunity to agree to Minutes of Settlement process or an expulsion proceeding for the activity that resulted in the suspension;
   3. Information about both the processes for the Minutes of Settlement process and expulsion proceeding (Appendix N);
   4. A statement that they have a right to respond, in writing, to the Principal’s report summarizing the findings of the principal’s investigation and the principal’s reasons to recommend expulsion, and that any submissions must be submitted at least 24 hours before the scheduled proceeding; and   
   5. The name and contact information of the Director of Education or designate they may contact to discuss any matter relating to the Minutes of Settlement or expulsion process.

The written notice must be accompanied by the Principal’s report articulating the details of the investigation and rationale for the decision to recommend expulsion.

Prepare a package as outlined in Appendix N, and forward it to the Director’s office two (2) days prior to the meting to review the process of the Minutes of Settlement and the expulsion proceeding. 

9.2 Minutes of Settlement

Minutes of Settlement provide parents/guardians or adult students with an alternative to attending an Expulsion Proceeding.  Minutes of Settlement may only be used under the following circumstances:

1. The parties agree to the use of Minutes of Settlement and are aware that attendance at an expulsion proceeding is the alternative;
2. The parties consent to the terms in the Minutes of Settlement.  When the parties do not consent, the recommendation for expulsion will process to the Discipline Committee;
3. Agreement is reached within the first 10 school days of the suspension and the Minutes of Settlement are signed by the parties;
4. All parties understand the terms of the Minutes of Settlement including the loss of right to appeal the expulsion and suspension; and
5. The Discipline Committee will review the Minutes of Settlement through a discipline committee proceeding for approval within the first 20 school days of the suspension. 

The Superintendent of Education will arrange and coordinate the Minutes of Settlement meeting with the potential parties, where applicable, which will be conducted in accordance with the Discipline Committee Guidelines (Appendix N).

The parties to the Minutes of Settlement are:

• The Principal who suspended the student, recommends that the student be expelled; and 
• The adult student or student’s parent(s)/guardian(s)

9.3 Proceeding before the Discipline Committee 

If the Principal recommends expulsion, the Discipline Committee shall hold an Expulsion Proceeding, which will be conducted in accordance with the Discipline Committee Guidelines (Appendix N).

Parties before the Discipline Committee will be:

• The Principal; and
• The adult student or the student's parent/guardian.
• The Director of Education, the Superintendent of Education may be present to support the Expulsion Proceeding Process. 

If a student is not a party, the student has the right to be present and to make submissions on their own behalf.  The Discipline Committee may grant a person with daily care the authority to make submissions on behalf of the student. An adult student or student's parent/guardian may bring legal counsel, an advocate or a support person with them to the expulsion proceeding.

Where legal counsel is representing the adult student or parent/guardian, the Board may choose to have legal counsel represent the Discipline Committee and/or the Principal.

9.3.1 Discipline Committee Deliberation and Decision

The Discipline Committee shall:

1. consider oral and written submissions, if any, of all parties;
2. consider whether or not the Ontario Human Rights Code should be applied in the circumstances to mitigate the discipline, if any;
3. solicit and consider the views of all parties with respect to whether, if an expulsion is imposed, the expulsion should be from one school or all schools of the Board;
4. If an expulsion is not imposed, solicit and consider the views of all parties with respect to whether the suspension should be confirmed, shortened or withdrawn; and

In determining whether to impose an expulsion, and if so the type of expulsion to impose, the Discipline Committee shall consider the following factors:

1. The mitigating and other factors:
2. The application of the Ontario Human Rights Code.
3. The oral and written submissions of the parties.  When reviewing Minutes of Settlement, this includes considering the agreement reached by the parties involved; and
4. Whether or not the expulsion might have a disproportionate impact on a student protected by the Ontario Human Rights Code, and/or exacerbate the student's disadvantaged position in society, and whether or not accommodation is required in the circumstances.

9.3.2 Expulsion

If the Discipline Committee decides not to expel the student, the Discipline Committee shall take the submissions of the parties into account, including mitigating and other factors, in determining whether to:

1. Uphold the suspension and its duration;
2. Uphold the suspension and shorten its duration and amend the record accordingly;
3. Quash the suspension and expunge the record such that no record of the suspension remains in the Ontario Student Record.

The Discipline Committee shall give written notice to all parties of the decision not to impose an expulsion and the decision with respect to the suspension.

The Discipline Committee's decision with respect to the suspension is final.

9.3.3 Expulsion

(refer to Board Expulsion Decision – Appendix Q)

In the event the Discipline Committee decides to impose an expulsion on the student, the Discipline Committee must decide whether to impose an expulsion from one school or all schools of the Board. In determining the type of the expulsion, the Discipline Committee shall consider all factors outlined.

Where the Discipline Committee decides to impose an expulsion from one school, then the Discipline Committee must assign the student to another school.  The requirements of school transfers set out in these procedures shall apply (Section 3.5).

Where the Discipline Committee decides to impose an expulsion from one school or all schools of the Board, they must promptly provide written notice of the decision to expel the student to all parties, and the student if they were not a party. The written notice shall include:

1. The reason for the expulsion;
2. A statement indicating whether the expulsion is from one school or all schools of the Board;
3. For an expulsion from one school, information about the school to which the student has been assigned; and
4. Information about the right to appeal the expulsion, including the steps to be taken.

Upon being informed that a student has been expelled, the Director will provide written notice of the re-entry requirements for the expelled student to meet in order to be readmitted to a regular day school program of the Board, or to the school from which they were expelled (Appendix T).

 9.3.4 Minutes of Settlement Confirmed

If, upon review, the Discipline Committee approves the Minutes of Settlement as reached by the parties, they will promptly provide written notice of the decision to all parties, and the student if they were not a party. The written notice shall include:

1. The decision to approve the Minutes of Settlement;
2. That the decision of the Discipline Committee is final in this matter;
3. Information regarding next steps in implementing the Minutes of Settlement.

If upon review, the Discipline Committee does not approve the Minutes of Settlement reached by the parties, an Expulsion Proceeding shall be scheduled to take place within 20 school days of the date of suspension, or such later date agreed to by the parties. 

9.3.5 Program for Expelled Students

Upon receiving notice that a student has been expelled from all schools of the Board, Board staff must assign the student to a program for expelled students. The student and/or their parent/guardian must notify the Principal verbally or in writing that the student is committed to participating in the program.

The Program shall consist of academic supports to ensure the students has the opportunity to continue their education, and non-academic supports to assist in the development of long-term positive attitudes and behaviours by identifying and addressing the underlying causes of the behaviour that let to the infraction. For students with special education needs, all supports will be appropriate and consistent with the student’s IEP.

Planning Meeting

The development of an action plan for an expelled student will begin immediately once the Principal has received notification that they will participate in the program.

The Principal will hold a planning meeting following the same format as used for planning meetings for long-term suspensions.

The purpose of the meeting is to:

• identify the needs of the student and determine whether any assessment is required;
• identify the student’s risk factors and protective factors;
• describe the types of support and services required to assist the student in achieving the goals of the academic and non-academic components (e.g., career development counselling ,use of mentors from appropriate communities).

The following information should be considered during the meeting and be used to develop the Action Plan:

• The student’s history
• The student’s learning experiences from any long-term suspension program that they may have attended
• The student’s strengths
• The nature and severity of the behaviour that led to the expulsion, including mitigating and other factors
• Information from anyone who has provided a specialized service (e.g., a speech therapist)
• Information from other sources who have helped or are expected to help the student, including culturally appropriate support persons

Action Plan for Expelled Students (Appendix U)

The Action Plan will be developed on the basis of the information gathered at the planning meeting. It should build on the SAP that was developed for the student, if the student participated in a program for students on long-term suspension.

The following items will be outlined for both the academic and non-academic components of the program:

• Goals, objectives, and learning expectations;
• Measures of success
• Strategies and types of support

It will also include information regarding:

• the person who is designated to provide program;
• the process for determining when the student has satisfied the objectives required for successful completion of the program, and is therefore eligible for re-entry;
• the person responsible for overseeing the student’s re-entry.

The Action Plan should be reviewed on a regular basis to determine the student’s progress in meeting the stated objectives.

An expelled student is a student of the Board, even where they attend a program for expelled students at another school board, unless they do not attend the program or register at another school board.

9.3.6 Re-entry Requirements Following an Expulsion

A student who is subject to an expulsion from all schools of the Board is entitled to apply in writing for re-entry to a school of the Board once they have successfully completed a program for expelled students and have satisfied the objectives required for completion of the program, as determined by the person who provides the program. The Director must re-admit the student and inform the student in writing of the re-entry. If a student has not successfully completed a program or met program objectives through another route, they remain expelled.

A student who is subject to an expulsion from one school may apply in writing to the Director of Education to be re-assigned to the school from which they were expelled.

1. The Director will consider whether re-entry will have a negative impact on the school climate, including on any victims, where applicable;
2. The student will be required to demonstrate that they have learned from the incident and have sought counselling, where appropriate;
3. The student will be required to sign a Declaration of Performance form provided by the Director (refer to Declaration of Performance – Appendix V);
4. Following consideration of the principles of equity and inclusion, the Director, in their sole discretion, may determine that a different school than the one from which the student was expelled is a more appropriate placement for the student.
5. If the Director grants re-entry to an expelled student, the student will sign and submit the Student Re-entry Contract (Appendix W) with the school Principal.
6. A Re-entry Plan for Expelled Students (Appendix V) must be developed by the student, parents/ guardians, Teachers and Principal, and where appropriate, community agency staff and any other relevant persons or professionals. If the parents/guardians are unable to attend the planning meeting, the principal must attempt to follow up with them as soon as possible after the meeting. The re-entry plan should contain the following elements: 

• • Description of the plan for a successful transition back to the school; and
  • Identification of the types of support in both the academic and non-academic components that are needed to sustain student learning.

A pupil shall not be excluded from the school pursuant to section 265(1)(m) of the Education Act as a disciplinary measure, as an alternative to discipline.

An exclusion from the school pursuant to section 265(1)(m) of the Education Act shall only be implemented in accordance with the Education Act, the Board’s Exclusion Policy and Exclusion Procedures and consistent with the Human Rights Code. 

PPM 145 (page 6) states that if a Principal does decide that it is necessary to exclude a student from the school, they are expected to notify the student’s parents of the circumstances of the exclusion as soon as possible, and to inform them of their right to appeal under clause 265(1)(m).

A student is NOT excluded from a class or from the school pursuant to section 265(1)(m) of the Education Act in circumstances where the parent/guardian and the Principal, in consultation with the Superintendent of Education, AGREE that, as an accommodation and in the best interests of the student, the student's educational program should be modified such that the student is not participating in one or more specific class(es) or is excused from attending school for part or all of the school day during a specific period of time and/or during a specific school event or series of school events. 

A student is NOT excluded from a class pursuant to section 265(1)(m) of the Education Act by virtue of serving a detention or in-school withdrawal in another part of the school as part of progressive discipline that has been imposed by the Principal or designate.

Schools and their Safe Schools Teams have an important role in assisting with monitoring, review and improvement of the effectiveness of safe schools policies and procedures. 

Every two years schools are required to address issues of bullying, gender-based violence, homophobia, sexual, racial and disability related harassment and inappropriate sexual behaviour in their school improvement plans and to evaluate the effectiveness of safe schools policies, procedures and programs through the use of school climate surveys.

Climate surveys shall be conducted by the school every two years to provide parents, school staff and students with an opportunity to anonymously evaluate and communicate their perception of school safety. Climate surveys shall include questions about bullying, harassment related to immutable characteristics including those protected by the Ontario Human Rights Code, gender-based violence, and sexual assault. Where possible, climate surveys shall be made available to students with cognitive disabilities in a form that might provide them with an opportunity to identify their perception of their safety. Students with other special needs shall be accommodated in order to provide them with an opportunity to respond to the climate survey.  Schools will inform parents that these surveys are voluntary and that they can choose not to have their child participate.  

Schools must share the results of climate surveys with their Safe and Accepting School Teams and must address serious incidents as well as other inappropriate behaviour in their school improvement plans.  

Whenever possible, an administrator will be present on school property.

A Principal may delegate authority for discipline matters to a Vice-Principal or Teacher-in-Charge in accordance with the Board's procedures. A delegation of authority to a Teacher-in-Charge will only come into effect if there are no administrators present on school property. Those who are delegated authority for discipline matters must respect and implement their duties and decisions as required by the Education Act, Board policies and procedures and the Human Rights Code of Ontario.

12.1 Delegation of Authority to a Vice-Principal

Delegation may include all authority of the Principal under Part XIII of the Education Act except the final decision regarding a recommendation to the board to expel a student. Vice-Principals may be delegated the authority to suspend a student for less than six school days.

12.2 Delegation of Authority to Teacher-In-Charge

(refer to Delegation of Authority – Teacher-in-Charge – Appendix Z)

A Teacher-in-Charge may be delegated authority by the Principal to receive reports about suspension and expulsion infractions from Board employees and transportation providers, in which case, the Teacher-in-Charge shall at the earliest opportunity inform the Principal or Vice-Principal and when the absence of the Principal and Vice-Principal might be for one or more days, the Superintendent of Education.

A Teacher-in-Charge may be delegated authority to contact the police in an emergency or in the event of an incident requiring police involvement in accordance with the Police and School Protocol Policy (2.1.10).

A Teacher-in-Charge may be delegated authority by the Principal to conduct an investigation when an infraction has occurred requiring further information before action can be taken. When it appears that the incident might attract discipline in the form of suspension or expulsion, the Teacher-in-Charge shall NOT proceed to investigate, but shall at the earliest opportunity provide the Principal or Vice-Principal, and in the absence of the Principal and Vice-Principal for one or more days, the Superintendent of Education, with a detailed written and oral account of the steps taken and information determined up to that point.

All incidents on school property occurring during a school related activity or having an impact on school climate that might result in suspension or suspension and a recommendation for expulsion shall be reported by the Teacher-in-Charge to the Principal, or the Vice-Principal in the Principal's absence, at the earliest opportunity, and in the absence of the Principal and Vice-Principal for one or more days, the Superintendent of Education.

ln such circumstances, the Teacher-in-Charge may be delegated authority to provide information to the parent/guardian of a student, who is NOT an adult student and where the Teacher-in-Charge is NOT of the opinion that informing the parent/guardian would put the student at risk of harm, about the fact that harm has been caused and the nature of the harm that has occurred. The Teacher-in-Charge shall also inform the parent/guardian that, at the earliest opportunity, an administrator will contact the parent/guardian to provide further information about the activity causing harm and the steps that will be taken to support the victim and ensure the victim's safety. The Teacher-in-Charge may inform a parent/guardian of an adult student if that student consents to the disclosure of information.

A Teacher-in-Charge shall NOT be delegated authority to share with the parent/guardian of a victim the name of the suspected perpetrators and/or the discipline measures that might be taken by the school to address the infraction.

The Teacher-in-Charge may be delegated authority to consider and implement progressive discipline measures following the investigation of an incident, which has occurred on school property, during a school activity, or in circumstances having an impact on the school climate, that by its nature does not require the Principal to consider imposing a suspension and does not require the Principal to consider imposing a suspension pending an inquiry for the purposes of recommending an expulsion.

A Teacher-in-Charge shall not be delegated authority to suspend a student.

If at any time the Teacher-in-Charge is uncertain or uncomfortable about the duties that have been delegated and/or the possible application of the Ontario Human Rights Code, they should take immediate steps to contact an administrator. ln emergency circumstances, where an administrator is not available, the Teacher-in-Charge shall contact the emergency administrator who has been identified as a resource.

Written notice identifying the authority being delegated to the Teacher-in-Charge, the timeframe for the delegation of the authority and the resources available to the Teacher-in-Charge must be provided using the Delegation of Authority-Teacher-in-Charge form (Appendix Z).

When a Teacher-in-Charge has been identified to assume duties for a particular timeframe, communication by internal electronic mail shall be provided to all staff members of the school, who are anticipated to be in attendance during the particular timeframe, identifying the name of the Teacher-in-Charge and the timeframe for the administration's absence.

Legal References:

• Education Act, Part XIII - Behaviour, Discipline and Safety
• Ontario Human Rights Code
• Ontario Regulation 472/07: Behaviour, Discipline and Safety of Pupils
• Ontario Regulation 440/20: Suspension of Elementary School Pupils 
• Policy/Program Memorandum (PPM) No. 119 Developing and Implementing Equity and Inclusive Education Policies in Ontario Schools
• PPM No. 128 Provincial Code of Conduct and School Board Codes of Conduct
• PPM No. 141 School Board Programs for Students on Long Term Suspension
• PPM No. 142 School Board Programs for Expelled Students
• PPM No. 144 Bullying Prevention and Intervention
• PPM No. 145 Progressive Discipline and Promoting Positive Student Behaviour

Policy References:

• 2.1.6: Student Code of Conduct 
• 2.1.7: Violence Prevention
• 2.1.10: Police and School Protocol
• 2.1.15: Safe Schools - Progressive Discipline 
• 2.1.18: Safe Schools - Student Discipline, Bullying Prevention and Intervention