Safe Schools
Procedures Manual 503-A
(Student Discipline, Bullying Prevention
and Intervention, Suspension and Expulsion)
Category:
Administered by:
First adopted:
Revision history:
Next review:
1.
Students
Safe and Inclusive Schools Superintendent
June 2010
June 2013
June 2018
General
These procedures guide the discipline of students for inappropriate behavior,
including bullying. They are based on a Progressive Discipline model, setting out
the process for suspension and expulsion where necessary, appeals of
suspensions and expulsions, and the establishment of a program for students on
long term suspension and expulsion.
2.
Terms and Definitions
For the purposes of these procedures, the following definitions apply.
Administrator
An administrator includes a Superintendent, Principal or Vice-Principal with
responsibility for the school in question.
Adult student
An adult student is a student who is eighteen (18) years old, or is sixteen (16) or
seventeen (17) years old and is removed from parental control.
Board employees who work with students
Board employees who work with students include administrators, teachers,
educational assistants, child and youth workers, social workers, psychologists,
speech language pathologists and other professional and paraprofessional staff
who have regular and direct contact with the Board’s students.
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Bullying
As defined in section 1 of the Education Act,
“bullying” means aggressive and typically repeated behaviour by a pupil where,
(a) the behaviour is intended by the pupil to have the effect of, or the pupil
ought to know that the behaviour would be likely to have the effect of,
(i) causing harm, fear or distress to another individual, including
physical, psychological, social or academic harm, harm to the
individual’s reputation or harm to the individual’s property, or
(ii) creating a negative environment at a school for another individual,
and
(b) the behaviour occurs in a context where there is a real or perceived power
imbalance between the pupil and the individual based on factors such as
size, strength, age, intelligence, peer group power, economic status,
social status, religion, ethnic origin, sexual orientation, family
circumstances, gender, gender identity, gender expression, race, disability
or the receipt of special education;
Bullying takes on different forms and contexts with age. It can be physical,
verbal, social-emotional or through electronic means (cyberbullying). Bystanders
contribute to bullying by doing nothing to prevent it or by becoming actively
involved in supporting it.
Cyberbullying
As defined in section 1 of the Education Act, cyberbullying is bullying by
electronic means,
including,
(a) creating electronic communications (e.g. a web page or a blog) in which
the creator assumes the identity of another person;
(b) impersonating another person as the author of content or messages
posted on the internet; and
(c) communicating material electronically to one or more individuals or posting
material on a website that may be accessed by one or more individuals.
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Disproportionate impact
Disproportionate impact is created when discipline impacts a student to a greater
degree in comparison to his or her peers as a result of factors related to grounds
protected by the Human Rights Code.
Emergency administrator
An Emergency Administrator is a Superintendent or Principal identified by the
Principal of the school as the emergency contact should the administrator of the
school not be available in emergency situations.
Harassment
Harassment is engaging in a course of vexatious conduct that is known or ought
to reasonably be known to be unwelcome. Harassment is words, conduct or
action that is directed at an individual and serves no legitimate purpose. This
may include remarks, jokes, threats, name-calling, the display of material(s),
touching or other behaviour that an individual knows or ought to know insults,
intimidates, offends, demeans, annoys, alarms or causes that individual
emotional distress, and may constitute discrimination when related to grounds
protected by the Human Rights Code.
Immutable characteristics
Immutable characteristics are characteristics that an individual cannot change or
that an individual cannot alter about themselves (such as height).
Immediate risk
Immediate risk occurs when an individual (a Board employee or other staff,
students, or members of the community) might be impacted as a result of the
behaviour being exhibited, or because the Board employee who works with
students cannot leave another student(s) unattended in order to respond.
Official date of receipt of notice
Where notice is given to a person under this policy (see Section 13.5), it will be
considered to have been received by the person in accordance with the following
rules:
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•
if the notice is sent by mail or another method in which an original
document is sent, the notice will be considered to have been received
by the person to whom it was sent on the fifth school day after the day
on which it was sent
•
if the notice is sent by fax or another method of electronic transmission,
the notice will be considered to have been received by the person to
whom it was sent on the first school day after the day on which it was
sent.
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Primacy of the code
In a circumstance in which there is a conflict between Provincial law, such as the
Education Act and Regulations, Policy Program Memoranda; school board
policies and procedures, and the Human Rights Code of Ontario, the Human
Rights Code is deemed to be more important. The inferior law must be applied in
a manner consistent with the Human Rights Code (unless there is an explicit
exception contained within the other law for such a circumstance). The principle
of primacy of the Human Rights Code also requires school board policies and
procedures to be interpreted and applied in a manner consistent with the Human
Rights Code.
Progressive discipline
Progressive Discipline is a whole school approach that makes use of a
continuum of proactive measures, interventions, supports and consequences to
promote positive behaviours. In developing a Progressive Discipline approach,
preventative practices, corrective and supportive strategies are used to reinforce
positive behaviours.
School climate
A positive school climate is the sum of all the personal relationships within a
school and exists when all members of the school community feel safe,
comfortable and accepted.
Teacher-in-charge
A teacher-in-charge is a teacher delegated authority by the Principal to undertake
specified duties with respect to student discipline in the absence of
administration.
Threat
A threat is any statement, act or communication, by any means, including
electronic means, of an intent to cause harm, whether physical or emotional, to
any person or thing, in circumstances where the person threatened believes or
has grounds to believe the threat may be carried out.
Vandalism
Vandalism is defined as willful damage to property.
Weapon
A weapon is defined as any article designed as a weapon or used or intended to
be used for the purpose of threatening, intimidating or injuring a person. All
firearms, including replica firearms and imitation firearms are always considered
weapons.
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3.
Positive School Climate
3.1
3.2
4.
A positive school climate is:
•
inclusive and accepting of all students
•
based on multiple strategies that have a unifying purpose and
reflect a common set of values
•
essential to student achievement and well-being
•
a whole school approach to positive, healthy behavior, and
monitored and evaluated for effectiveness
Characteristics of a positive school climate:
•
students and staff feel safe and are safe
•
healthy and inclusive relationships are promoted
•
all partners are actively engaged
•
students are encouraged to be positive leaders in their school
community
•
bullying prevention and awareness-raising strategies are
reinforced through programs addressing discrimination based on
such factors as age, race, sexual orientation, gender, faith,
disability and socio-economic disadvantage
•
improvement of learning outcomes for all students is emphasized
•
provides professional development for staff
•
supports students who have been bullied, engage in bullying and
witness bullying
Bullying Prevention and Intervention
4.1
4.2
June 2013
Bullying is a serious issue that has far-reaching consequences. Bullying
adversely affects:
•
students’ ability to learn
•
healthy relationships
•
school climate
•
a school’s ability to educate its students
Bullying will not be accepted on school property, at school-related
activities, on school buses or in any other circumstance (e.g.
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cyberbullying) where engaging in bullying will have a negative impact on
the school climate.
4.3
The Board will ensure that bullying prevention and positive school climate
initiatives are reflected in its multi-year strategic plans, including the Board
Improvement Plan for Student Achievement (BIPSA) and its Operational
Plans.
4.4
The Board will post the Provincial Model Bullying and Prevention Plan on
its website.
4.5
The Board’s Safe, Equitable and Inclusive School Steering Committee will
receive feedback from community groups on the Board’s policies related
to Safe Schools (#503) and Equity and Inclusive Education (#504) and be
advised of any changes to these policies as a result of Ministry initiatives.
4.6
Schools will establish a Safe and Inclusive Schools Committee that will be
chaired by a staff member. An existing school committee can assume this
role.
4.7
Safe and Inclusive Schools Committees will be composed of:
•
at least one school administrator
•
one parent
•
one teacher
•
one student, where appropriate
•
one support staff member
•
one community partner
4.8
Schools will develop Bullying Prevention and Intervention Plans in
consultation with their Safe and Inclusive Schools Committee and post
their plan to their school’s website.
4.9
Schools will analyze the school climate through anonymous surveys of
students, staff members and parents at least every two years.
4.10
Schools will update their Bullying Prevention and Intervention Plans based
on the climate surveys.
4.11
The School Bullying Prevention Plan will be reviewed annually, and will
include:
•
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the definition of bullying as outlined in this policy
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•
bullying prevention and intervention education programs and
activities throughout all grades that focus on developing healthy
relationships and provide leadership opportunities for students
within the school
•
prevention and intervention strategies for staff and students to
deal with bullying
•
strategies for supporting and educating students who have been
bullied, students who have bullied others, and students who have
been affected by observing and/or encouraging bullying
(bystanders)
•
procedures for students, parents, school staff, and school
volunteers to report incidents of bullying
•
procedures to address the issue of protection from retaliation for
those who report incidents of bullying
•
steps the school will take in response to all incidents of bullying
through a Progressive Discipline approach
o strategies could range from early intervention to more
intensive intervention in cases of persistent bullying, with
possible referral to community or social service agencies
o ongoing interventions may be necessary to sustain and
promote positive student behaviour
4.12
June 2013
•
the responsibility and roles of teachers, parents and students
towards bullying, prevention and intervention
•
training strategies for members of the school community, and
communication and outreach strategies that will inform students,
staff, and parents throughout the school year about the Board’s
Safe Schools Policy #503, and the consequences for bullying
Communication and outreach information may be outlined in the
school/student handbook and through other means such as:
•
the school’s Code of Conduct
•
school newsletters, handbooks and other in-house publications
•
assemblies and announcements
•
bulletin board postings
•
school council meetings and publications
•
staff meetings
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5.
•
integration into classroom instruction
•
the school website
•
school activities
Exclusion
The Education Act section 265(1)(m) permits a Principal to refuse to admit to the
school or a class someone whose presence in the school or classroom would, in
the Principal’s judgment, be detrimental to the physical or mental well being of
others.
5.1
The Board does not support the use of exclusion as a disciplinary
measure.
5.2
Exclusion should be a temporary measure for the purpose of putting in
place a plan to promote the student’s inclusion while supporting the safety
of others.
5.3
The Principal considering exclusion will consult with the Superintendent
responsible for the school, the Safe and Inclusive Schools Superintendent
and where appropriate, the Superintendent responsible for Special
Education.
5.4
When a Principal decides that it is necessary to exclude a student from
school, the student’s parent or guardian or adult student will be informed
as soon as possible of the exclusion and the right to appeal under section
265(1)(m) of the Education Act.
5.5
The parent or guardian or adult student will also be informed of the
exclusion and the right to appeal in writing.
5.6
The Principal will inform the student’s teachers of the exclusion, and
school work will be prepared and provided to the student for the duration
of the exclusion.
5.7
If the parent or guardian or the adult student decides to appeal the
exclusion, the parent or guardian or adult student will contact the
Superintendent of the school.
5.8
The parent or guardian or adult student has the right to appeal to the
Board of Trustees.
5.9
The appeal process will follow the procedures for the suspension appeal
to the Board’s Student Discipline Committee (see section 13.8 of this
procedures manual).
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6.
Progressive Discipline
Use of Progressive Discipline supports a safe, inclusive and accepting learning
and teaching environment in which every student can reach his or her full
potential.
6.1
All inappropriate student behavior, including bullying, must be addressed.
6.2
Responses to behaviours that are contrary to the Board and the school’s
Codes of Conduct must be developmentally appropriate
6.3
The range of Progressive Discipline interventions, supports, and
consequences used by the Board and all schools must be clear and
developmentally appropriate, and must include learning opportunities for
students in order to reinforce positive behaviours and help them make
good choices.
6.4
For students with special education needs all interventions, supports and
consequences must be consistent with the expectations in the student’s
Individual Education Plan (IEP) and his/her demonstrated abilities.
6.5
It is the expectation of the Board that, all staff who work directly with
students on a regular basis, will respond to any such inappropriate and
disrespectful behaviour in accordance with Board procedures. This
includes any behaviour that causes a negative school climate or for which
a suspension or expulsion may be imposed. Staff will report behaviours
which they have observed or heard during the course of their duties or
otherwise while on school property or during a school-related event.
6.6
The Board and school administrators must consider all mitigating and
other factors, as required by the Education Act, set out in Ontario
Regulation 472/07 and reflected in student discipline settlements with the
Human Rights Commission.
6.7
In order to promote and support appropriate and positive student
behaviours, the Board supports the use of positive practices for prevention
and positive behaviour management.
6.8
The Board also encourages Principals/designates to review and amend,
as appropriate, IEPs, Behaviour Management Plans and Safety Plans at
regular intervals and following an incident, to ensure that every student
with special education needs is receiving appropriate accommodation up
to the point of undue hardship.
6.9
The Board recognizes that, in some circumstances, positive practices
might not be effective or sufficient to address inappropriate student
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behaviour. In such circumstances, the Board supports the use of
consequences.
6.10
In circumstances where a student will receive a consequence for his/her
behaviour, it is the expectation of the Board that the principle of
Progressive Discipline, consistent with the Human Rights Code, Ministry
of Education direction and PPM 145, will be applied, as appropriate.
6.11
Responsibilities of the Board
June 2013
6.11.1
The Board will incorporate goals relating to Progressive
Discipline in its multi-year plans.
6.11.2
The Board will provide information and support for schools to
develop Progressive Discipline policies and procedures that
include a range of strategies, interventions and supports with
appropriate application of consequences, including suspensions
and expulsions as warranted.
6.11.3
The Board will provide supports for students and awareness
training for parents and community users and provide
opportunities for staff professional development.
6.11.4
The Board will develop communication and information sharing
strategies to help students, parents, staff, and others in the
school community understand and support the Board’s and
schools’ Progressive Discipline policies and procedures.
6.11.5
The Board will consult with school councils, Principals and other
staff, students, parents, community partners, social service
agencies, members of Aboriginal and faith communities, and
other stakeholders, as appropriate through the Board’s Safe,
Equitable and Inclusive Schools Steering Committee.
6.11.6
The Board will enhance and develop partnerships and protocols,
as appropriate and possible, with community agencies,
organizations and other members of the community including
Police Services and Public Health, to facilitate the delivery of
services, including prevention and intervention programs and
referrals in support of students and their families.
6.11.7
The Board will develop training strategies and opportunities for
administrators, teachers, school support and other staff on
Progressive Discipline and this policy.
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6.11.8
6.12
June 2013
The Board will establish performance indicators for monitoring,
reviewing and evaluating the effectiveness of this policy and
Progressive Discipline procedures (e.g. school climate surveys
and analysis).
Responsibilities of the school
6.12.1
The school will develop and implement a school-wide
Progressive Discipline policy that includes a range of procedures
that are consistent and in alignment with this policy, and the
Board’s Code of Conduct and outlines circumstances where
short-term suspensions, long-term suspensions or expulsions
may be the response required.
6.12.2
The school will provide opportunities for students to improve the
school climate by assuming leadership roles through such
activities as peer mediation, mentorship, and other programs.
6.12.3
The school will support the establishment of student-led activities
and organizations that promote a safe and equitable learning
environment acceptance and respect for others, and a positive
school climate, including those that promote gender equity, antiracism, the awareness and understanding of and respect for,
people with disabilities, and those of all sexual orientations and
gender equity, including those with the name “gay-straight
alliance” or another similar name.
6.12.4
The school will provide opportunities for staff professional
development, awareness training for parents and supported
programs for bullies, the bullied and bystanders.
6.12.5
The school will ensure that the response for students with
special education needs is consistent with the expectations in
the student’s IEP; consider all factors including the particular
student and the circumstances, the nature and severity of the
behaviour, and the impact on the school climate when
responding to inappropriate behaviour; encourage teachers,
support staff and others, including school councils and
volunteers to support and implement the school’s Progressive
Discipline policy, and to be involved, as appropriate, in its
development and ongoing review.
6.12.6
The school will build on existing partnerships and, where
appropriate and possible, build new partnerships with community
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agencies, including local Police Services, to support students
and their families.
6.12.7
6.13
6.14
The school will involve and engage parents in the Progressive
Discipline approach and ongoing dialogue on student
achievement and behavior.
Consequences
6.13.1
The Education Act, the Provincial Code of Conduct, the Upper
Grand District School Board’s Code of Conduct and individual
schools’ Codes of Conduct include expectations for all persons
on school property.
6.13.2
Appropriate and consistent action must be taken to address
inappropriate behaviours within the practice of Progressive
Discipline.
6.13.3
Progressive Discipline creates the expectation that the degree of
disciplinary action is in proportion to the severity of the behaviour
exhibited, and that a student’s previous discipline history and
other relevant factors will be taken into account.
6.13.4
It is understood that short-term and long-term suspensions and
expulsions are consequences within Progressive Discipline, and
in some circumstances, may be an appropriate first
consequence. In the case of a serious incident, there may be
required consequences for inappropriate behaviours.
6.13.5
The Board interprets the provisions of the Education Act and
Regulations in a broad and liberal manner consistent with the
Human Rights Code. The Principal or designate will consider
whether or not the discipline will have a disproportionate impact
on a student protected by the Human Rights Code and/or
exacerbate the student’s disadvantaged position in society.
Mitigating factors
The mitigating factors to be considered by the Principal are:
June 2013
•
whether the student has the ability to control his or her behaviour
•
whether the student has the ability to understand the foreseeable
consequences of his or her behaviour
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•
6.15
whether the student’s continuing presence in the school does or
does not create an unacceptable risk to the safety of any other
individual at the school
Other factors to be considered
Other factors to be considered include:
•
the student’s academic, discipline and personal history
•
whether other Progressive Discipline has been attempted with the
student, and if so, the Progressive Discipline approach(es) that
has/have been attempted and any success or failure
•
whether the infraction for which the student might be disciplined
was related to any harassment of the student because of race,
colour, ethnic origin, place of origin, religion, creed, disability,
gender or gender identity, sexual orientation or harassment for
any other reason
•
the impact of the discipline on the student’s prospects for further
education
•
the student’s age
Where the student has an IEP or special education needs:
6.16
•
whether the behaviour causing the incident was a manifestation of
the student’s disability identified in the student’s IEP
•
whether appropriate individualized accommodation has been
provided
•
whether a suspension is likely to result in aggravating or worsening
the student’s behaviour or conduct
•
whether a suspension is likely to result in a greater likelihood of
further inappropriate conduct
•
whether or not the student’s continuing presence at the school
creates an unacceptable risk to the safety of anyone in the school
Record
The Principal or Vice-Principal should keep a record for each student with
whom Progressive Discipline approach(es) are utilized. The record should
include:
•
June 2013
the name of the student
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7.
8.
•
the date of the incident or behaviour
•
the nature of the incident or behaviour
•
the considerations taken into account
•
the Progressive Discipline approach used
•
the outcome
•
the contact with the student’s parent/guardian (unless the student
is an adult student)
Monitoring and Review
7.1
Safe and Inclusive Schools Teams will monitor and review effectiveness of
safe schools policies and procedures and recommend improvement,
where necessary.
7.2
Every two years each school will conduct voluntary, anonymous school
climate surveys of parents, staff and students to evaluate the
effectiveness of its safe school policies and procedures including
questions about bullying, harassment related to immutable characteristics
including those protected by the Human Rights Code, gender-based
violence, and sexual assault; and accommodate special needs students to
provide an opportunity for response.
7.3
School Improvement Plans will address issues of bullying, gender based
violence, homophobia, sexual, racial and special needs related
harassment and inappropriate sexual behavior.
7.4
The results of climate surveys will be shared with Safe and Inclusive
School Committee in order to assist the committee to build strategies in
School Improvement Plans and to improve the school climate deficits
identified.
Delegation of Authority
8.1
Whenever possible, the Board will attempt to have an administrator
present on school property.
8.2
A Principal may delegate authority for discipline matters to a Vice-Principal
or teacher-in-charge.
8.3
A delegation of authority to a teacher-in-charge will only come into effect if
there are no administrators present on school property.
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8.4
When a Vice-Principal is delegated the authority of a Principal, that
authority does not include the final decision regarding student
suspensions exceeding five school days or a recommendation to the
Board to expel a student.
8.5
A teacher-in-charge, if delegated authority:
•
will receive reports about suspension and expulsion infractions
and inform the Principal, Vice-Principal, or the Superintendent for
the school at the earliest opportunity
•
will contact the police in an emergency or in the event of an
incident requiring police involvement
•
may conduct an initial investigation of situations involving
activities that must be considered for a suspension or expulsion,
and report all the details of the initial investigation to the Principal
•
may consider and implement Progressive Discipline measures
following the investigation of an incident that does not warrant an
investigation for consideration of a suspension or a
recommendation for expulsion
•
may contact the parents of a student who has been harmed as
the result of a serious incident and the parents of the student who
participated in the incident as long as it is limited to the nature of
the harm to the student and the nature of the activity that resulted
in the harm
•
may provide information to the parent/guardian of a victim, who is
not an adult student, where the teacher-in-charge is not of the
opinion that informing the parent/guardian would put the student
at risk of harm
•
may inform the parent/guardian that an administrator will provide
them with further information about the activity causing harm and
the steps that will be taken to support the victim and ensure the
victim’s safety
•
may inform a parent/guardian of an adult student if that student
consents to the disclosure of information
8.6
A teacher-in-charge will 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, and suspend a student.
8.7
If a teacher-in-charge is uncertain or uncomfortable about the duties that
have been delegated and/or the possible application of the Human Rights
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Code, an administrator or the Superintendent for the school should be
contacted immediately.
8.8
9.
Delegation of authority must be provided in writing and include a time
frame and resources available. All members of the school must be
notified of the delegate’s name and the time frame for the designation.
Responding to Incidents of Inappropriate Behaviour
9.1
Provided that there is no immediate risk of physical harm to any individual,
responses to inappropriate behaviour will be made in a timely, supportive
and sensitive manner and in an effort to stop and correct the behaviour.
9.2
Responses must be developmentally appropriate and take into
consideration any special education needs that the student might exhibit,
or about which the employee might be aware. Responses may include
one or more of the following:
•
ask the student to stop the behaviour
•
identify the behaviour as inappropriate and disrespectful
•
explain the impact of the behaviour on others and the school
climate
•
model appropriate communication
•
ask the student for a correction of the behaviour by restating or
rephrasing the comments
•
ask the student to apologize for the behaviour
•
ask the student not to repeat the behaviour
•
ask the student to explain why and how a different choice with
respect to the behaviour would have been more appropriate and
respectful
•
where applicable, identify the application of the Human Rights
Code
9.3
A response by the staff to the incident will not prevent or preclude the
Principal or Vice-Principal from imposing appropriate Progressive
Discipline, up to and including a recommendation for expulsion from all
schools.
9.4
Where, in the opinion of the Board employees who work with students, the
behaviour observed or heard might lead to suspension or suspension and
a recommendation for expulsion, the employee must report the behaviour
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verbally to the Principal or designate at the earliest opportunity and again
in writing before the end of the school day.
10.
9.5
The employee will follow the procedures outlined for reporting incidents
when reporting in writing.
9.6
For all other behaviour, the employee will report the behaviour to the
Principal/Vice-Principal/teacher-in-charge at the earliest convenient
opportunity.
9.7
The Principal/Vice-Principal will consider whether or not further discipline
is appropriate in the circumstances.
9.8
Parents and guardians may contact the Superintendent for the school if
they are not satisfied with the school’s response to an incident.
Suspension and Expulsion Infractions
10.1
June 2013
The infractions for which a suspension may be imposed by the Principal
include:
•
uttering a threat to inflict serious bodily harm on another person
•
possessing alcohol or illegal drugs
•
being under the influence of alcohol
•
swearing at a teacher or at another person in a position of
authority
•
committing an act of vandalism that causes extensive damage to
school property at the student’s school or to property located on
the premises of the student’s school
•
bullying (including cyber bullying)
•
any act considered by the Principal to be injurious to the moral
tone of the school
•
any act considered by the Principal to be injurious to the physical
or mental well-being of members of the school community
•
persistent opposition to authority
•
habitual neglect of duty
•
a serious breach of the Board’s or school’s Code of Conduct
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10.2
June 2013
The infractions for which a Principal may consider recommending to the
Board that a student be expelled from the student’s school or from all
schools of the Board include:
•
possessing a weapon, including possessing a firearm
•
using a weapon to cause or to threaten bodily harm to another
person
•
committing physical assault on another person that causes bodily
harm requiring treatment by a medical practitioner
•
committing sexual assault
•
trafficking in weapons or illegal drugs
•
committing robbery
•
giving alcohol to a minor
•
bullying, if the student has previously been suspended for
bullying and the students’ continuing presence in the school
creates an unacceptable risk to the safety of another person
•
an activity that is motivated by bias, prejudice or hate based on
race, colour, national or ethnic origin, language, religion, sex,
age, mental or physical disability, sexual orientation, gender
identity, gender expression, or another similar factor
•
an act considered by the Principal to be significantly injurious to
the moral tone of the school and/or to the physical or mental wellbeing of others
•
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
•
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
•
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
•
the student has demonstrated through a pattern of behaviour that
s/he has not prospered by the instruction available to him or her
and that s/he is persistently resistant to making changes in
behaviour which would enable her/him to prosper
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11.
•
any act considered by the Principal to be a serious violation of the
requirements for student behaviour and/or a serious breach of the
Board or school Code of Conduct
•
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
Reporting Suspension and Expulsion Infractions to the Principal
11.1
The purpose of reporting incidents is to ensure that the Principal/VicePrincipal is aware of the behaviour.
11.2
When a Board staff member or transportation provider (the reporter)
becomes aware of any infractions for which a suspension may be imposed
by the Principal or any infractions for which a Principal may consider
recommending to the Board that a student be expelled, she or he must
report the infraction and any details to the Principal, Vice-Principal or
teacher-in-charge 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.
11.3
Where two (2) or more Board staff and/or transportation providers become
aware of the same incident, each will make a report to the Principal, VicePrincipal or teacher-in-charge.
11.4
Wherever possible, it is expected that the reporter will provide a verbal
report to the Principal, Vice-Principal or teacher-in-charge at the earliest,
safe opportunity.
11.5
In addition to 11.4 above, a written electronic report using the online Safe
Schools Incident Report form must be submitted, when it is safe to do so
and no later than the end of the school day or the end of the transportation
run.
11.5.1
June 2013
The Principal or Vice-Principal will receive email notification that
an incident report has been filed. After logging into the Safe
Schools Incident Report system and viewing the report, the
Principal or Vice-Principal will indicate whether or not action was
or will be taken, saving this information to the incident report’s
database record. Upon save, the reporter will receive an
automatic email notification indicating whether or not action was
taken. No information identifying students will be included in the
notification.
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11.6
11.7
11.5.2
If the Principal or Vice-Principal indicates that no action has been
taken in regards to the incident report, the reporter will delete the
email notification described in 11.5.1.
11.5.3
The Principal or Vice-Principal will maintain a record of the
incident report for a minimum of one year, electronically or
printed. After that time, it will be deleted or destroyed unless the
matter has become the subject of a court proceeding.
11.5.4
If the Principal or Vice-Principal indicates that action has been
taken, the reporter may opt to delete the email notification from
the Safe Schools Incident Reporting tool. If he or she chooses to
retain it in electronic or print form, it must be retained in a secure
location for a minimum of one year.
In circumstances where disciplinary action is taken by the Principal or
Vice-Principal, a printed copy of the incident report will be filed in that
student’s Ontario Student Record (OSR).
11.6.1
The Principal or Vice-Principal will ensure that all information
contained in the incident report that could identify other students
has been redacted (removed or blacked-out) before it is filed in
the OSR of the student who has been disciplined. When action
is taken against more than one student, a printed copy of the
incident report will be filed in each student’s OSR, as above.
11.6.2
The printed incident report will be retained for a minimum of one
year.
Where the victim has also demonstrated inappropriate behaviour resulting
in Progressive Discipline short of suspension, the printed incident report
should only be filed in the victim’s OSR if the parents of the victim have
been informed.
11.7.1
11.8
Where the victim has not demonstrated any inappropriate behaviour the
printed incident report will only be filed in the victim’s OSR with the
consent of the victim’s parent or guardian. If the victim is an adult student,
the victim’s consent is required before an incident report is filed in his/her
OSR.
11.8.1
June 2013
Where the parents have not been informed a copy of the incident
report will not be filed in the victim’s OSR.
If an incident report has been filed in the victim’s OSR, it should
be retained for a minimum of one year.
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11.9
In circumstances where an incident report is destroyed or deleted, it must
be destroyed in accordance with the Board’s Records Management
Manual.
11.10 In circumstances where an incident report is retained but not filed in a
student’s OSR or the Safe Schools Incident Reporting system, it must be
stored in a secure location, and measures must be taken to ensure access
is limited and that all personal information is protected.
11.11 If the Principal has identified the incident as violent, and if the student
engaged in the incident is a student of the school, the incident report must
be retained in that student’s OSR for:
•
one year, if the student’s suspension was quashed or withdrawn
and the record of suspension expunged (documentation of any
other action taken, other than suspension or expulsion, must also
be retained for this period)
•
three years, if the student was suspended for the violent incident
•
five years, if the student was expelled for the violent incident
11.12 Where a proceeding has been undertaken or an application has been
made to the Human Rights Tribunal of Ontario, the incident report will be
retained until such proceeding or application has been finally resolved.
11.13 Each year the Principal will review with all staff their duty to report as
outlined above. This review will include instructions regarding the use of
the Safe Schools Incident Reporting system.
12.
Notification
12.1
June 2013
Notifying the Parent/Guardian
12.1.1
Incidents for which a suspension, or a recommendation for
expulsion are being considered, the Principal or Vice-Principal
will provide information to the parent/guardian of the victim,
unless in the opinion of the Principal or Vice-Principal this would
put the victim at risk of harm, and would not be in the victim’s
best interest.
12.1.2
Where the victim is an adult student, the Principal or VicePrincipal will inform the parent/guardian only with the victim’s
consent.
12.1.3
When notifying the parent/guardian of a victim of an incident, the
Principal or Vice-Principal will:
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•
identify the nature of the harm to the student
•
provide information on the steps being taken by the
school to protect the student’s safety, including the
nature of any discipline in response to the incident
•
provide information about the supports that will be
provided for the student in response to the harm that
resulted from the activity
Where the victim has been harassed, bullied or suffered violence
because of one or more immutable characteristics, or has been
sexually assaulted, the Principal or Vice-Principal will share
contact information about community contacts/professional
supports available to the parent/guardian/student.
12.1.5
A written list will be made available to the victim and/or the
victim’s parent/guardian.
12.1.6
Supports will also be posted on the Board’s website.
12.1.7
The Principal or Vice-Principal may inform the victim’s
parent/guardian:
•
whether or not formal discipline was imposed on the
student(s) disciplined, excluding any personal
information
•
specific disciplinary measures that might have been
imposed
•
if the student(s) disciplined will no longer be attending
the same school as the victim
If the parent/guardian is not satisfied with the measures being
taken to protect and support the victim, the parent/guardian may
contact the Superintendent for the school to request a review of
the measures being taken by the school.
Not notifying a Parent/Guardian
12.2.1
June 2013
identify the nature of the incident
12.1.4
12.1.8
12.2
•
Where, in the opinion of the Principal, Vice-Principal or teacherin-charge, providing information to the victim’s parent/guardian
would put the victim at risk of harm, or where the victim is an
adult student and does not consent to his/her parent/guardian
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being informed, the Principal/Vice-Principal/teacher-in-charge
will not inform the victim’s parent/guardian.
12.2.2
12.3
•
consider, as a result of the victim’s disclosure, whether
or not the victim is a child in need of protection and, if
so, make a report to the Family and Children’s Services
of Guelph and Wellington County (FCSGW) or Dufferin
Child and Family Services (DCAFS), and if in doubt,
make a no-names call to inquire about the
appropriateness of making a report
•
document in Maplewood why the parent/guardian was
not notified
•
inform the Superintendent for the school that the
parent/guardian was not informed and why; inform the
employee who reported the potential of harm that the
parent/guardian was not informed and why
•
inform other staff working to support the student, as
appropriate
•
inform the victim of the steps being taken by the school
to protect the victim’s safety, supports available
Notifying the Parent/Guardian of the student who has participated in
a serious incident
12.3.1
June 2013
The Principal or Vice-Principal will:
The Principal or Vice-Principal will:
•
disclose the nature of the activity that resulted in harm
to the other student
•
disclose the nature of the harm to the other student
•
disclose the nature of any disciplinary measures taken
in response to the activity
•
indicate the supports that will be provided for the
student in his/her participation in the activity
•
invite the parents/guardians to have a discussion about
the supports that will be provided for their child
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12.4
Not notifying a Parent/Guardian
12.4.1
12.4.2
13.
Where, in the opinion of the Principal or Vice-Principal providing
information to the parent would put the student at risk of harm
from the parent or guardian the Principal/Vice-Principal will:
•
document the rationale for the decision
•
notify the teacher who reported the incident
•
notify the Superintendent for the school of the decision
•
notify other Board employees of the decision, if
appropriate
•
refer the student to Board resources or a communitybased service provider than can provide appropriate
confidential support to the student when his/her parents
are not notified
In circumstances where board employees have a reason to
believe that a student may be in need of protection CFSGW or
DCAFS must be called to report that the child is in need of
protection. If in doubt, make a non-names call to inquire about
the appropriateness of making the report.
Suspension of Students
13.1
The Board supports the use of suspensions where a student has
committed one or more of the infractions outlined in section 10.1 of this
procedures manual.
13.2
Suspension considerations
June 2013
13.2.1
A Principal may not suspend a student for any suspension
infractions more than once for the same occurrence
13.2.2
In considering whether to suspend a student, a Principal will take
into account the following mitigating factors:
•
the student does not have the ability to control his or her
behaviour
•
the student does not have the ability to understand the
foreseeable consequences of his or her behaviour
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•
13.3
June 2013
the student’s continuing presence in the school does
not create an unacceptable risk to the safety of any
person
13.2.5
If the student does not have the ability to control his or her
behaviour, or understand the consequences, the Principal will
consider other disciplinary actions.
13.2.6
Where the student’s continuing presence in the school does not
create an unacceptable risk to the safety of any person, the
Principal may or may not suspend a student based on the
severity of the infraction.
13.2.7
Where a student’s presence in the school creates an
unacceptable risk, a short-term suspension may be imposed in
order to arrange for appropriate accommodations of the student.
Length of suspension
13.3.1
A student may be suspended for an infraction for a minimum of
one (1) school day and a maximum of twenty (20) school days.
13.3.2
Where the student is able to control his/her behaviour and is able
to understand the foreseeable consequences of his/her
behaviour, the Principal will consider whether the following
factors mitigate the length of a suspension or the decision to
apply a suspension as a form of discipline for the student:
•
the student’s history
•
whether a Progressive Discipline approach has been
used with the student
•
whether the activity for which the student may be or is
being suspended or expelled was related to any
harassment of the student because of his or her race,
ethnic origin, religion, disability, gender or sexual
orientation or to any other harassment
•
how the suspension or expulsion would affect the
student’s ongoing education
•
the age of the student
•
in the case of a student for whom an IEP has been
developed:
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o whether the behaviour was a manifestation of a
disability identified in the student’s IEP
o whether appropriate individualized
accommodation has been provided
o whether the suspension or expulsion is likely to
result in an aggravation or worsening of the
student’s behaviour or conduct
13.4
13.5
June 2013
13.3.3
In consideration of the length of a suspension, the Principal will
consult with the Superintendent for the school when considering
a suspension for more than five (5) days.
13.3.4
Suspensions of ten (10) days or longer will be reported to the
Board by the Superintendent for the school.
Programs for suspended students
13.4.1
Homework packages will be made available for the student who
is suspended for one (1) day or longer.
13.4.2
A student suspended for more than five (5) days will be referred
to a Long-Term Suspension Program. The Principal of the
school, in consultation with the student’s teacher will develop a
Student Action Plan (SAP) to direct the activities and learning
involved in the program. Cooperation with the student and the
student’s parents will be sought in developing the SAP.
13.4.3
Participation in the recommended program is not mandatory.
13.4.4
Should a student choose not to participate in a recommended
program, homework packages will continue to be available only
on request, and following the completion of previously provided
assignments.
Procedural steps
13.5.1
Within 24 hours of the decision to suspend, the Principal will
make all reasonable efforts to inform the adult student or the
student’s parent/guardian.
13.5.2
The Principal will inform the student’s teachers of the
suspension.
13.5.3
The Principal will prepare a written notice of suspension to
include:
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13.6
13.7
June 2013
•
the reason for the suspension
•
the duration of the suspension
•
information about any program for the suspended
student (if the suspension is for more than five (5) days)
•
information about the right to appeal, including the
relevant parts of the policy pertaining to the appeal of
suspensions
•
the name of the Superintendent for the school
13.5.4
Where the student has committed to attend a suspension
program, a Principal will prepare a SAP, prior to the first day of
the program.
13.5.5
The written notice of the suspension will be promptly sent to the
adult student or the student’s parent/guardian.
13.5.6
Where the incident is a serious violent incident, a Violent Incident
Report will be completed, and police involved as outlined in the
Police/School Board Protocol.
Conditions for students under suspension
13.6.1
Students under suspension are not allowed to be on the property
of any school or engaged in any school-related activities, unless
required by the attendance in a suspension program, or
approved by the Principal.
13.6.2
A student who has an assignment due during the suspension
period, must make arrangements for the assignment to be
delivered to the school by the due date.
13.6.3
Tests missed due to a suspension will be rescheduled or
excluded from the final evaluation of the student, at the
discretion of the Principal.
Re-entry from suspension
13.7.1
A student may return to his/her school on the school day
following the last date of the suspension.
13.7.2
The student will report to the Principal or Vice-Principal to
discuss the prevention of further misconduct. The
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parent/guardian of the student may be invited at the discretion of
the Principal or Vice-Principal.
13.7.3
13.8
13.9
A re-entry meeting will be held for the return of a student from a
suspension program of more than ten (10) days.
Suspension appeals
13.8.1
The appeal of a suspension does not stay the suspension.
13.8.2
The adult student or the student’s parent/guardian may appeal a
suspension.
13.8.3
A suspension pending a consideration of an expulsion cannot be
appealed while the incident is under investigation.
Notice of appeal
13.9.1
A person who has the right to appeal must give written notice of
his/her intention to appeal to the Superintendent for the school
within ten (10) days of the commencement of the suspension.
13.9.2
Where the suspension was imposed as an alternative to an
expulsion, an appeal may be filed within five (5) days of receipt
of the said notice.
13.9.3
The Superintendent for the school will acknowledge receipt of
the appeal and provide a date on which the Board’s Discipline
Committee will hear the appeal.
13.10 Appeal hearing
June 2013
13.10.1
The Discipline Committee of the Board will hear the appeal
within fifteen (15) days of the receipt of the notice of appeal
unless the parties to the appeal agree to an extension.
Suspension appeals will be heard, In Camera (closed session),
by the Discipline Committee of the Board.
13.10.2
The student (whether a party to the appeal or not) may speak
for up to ten (10) minutes to the appeal at the meeting of the
Discipline Committee.
13.10.3
The appeal hearing will proceed in spite of the absence of the
appellant.
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13.11 Appeal procedures
13.11.1
The Superintendent for the school will provide information on
the relevant parts of the legislation, Board Policies, and Board
and School Codes of Conduct.
13.11.2
The adult student or the student’s parent/guardian will have up
to ten (10) minutes to outline the reasons for the appeal.
13.11.3
The Principal will state the reasons for the suspension and
provide background information in support of the decision to
suspend.
13.11.4
Members of the Committee may question both the appellant and
the Principal for clarity.
13.11.5
The Committee will retire to make a determination.
13.11.6 The Committee may:
•
confirm the suspension and its duration
•
confirm the suspension but shorten its duration
•
quash the suspension and order the record be
expunged
13.11.7 The decision of the Board on suspension appeals is final.
14.
Suspension Investigation and Possible Expulsion
14.1
When a Principal has reasonable grounds to believe that a student has
committed one or more infractions outlined in section 10.1 of this
procedures manual, the Principal will suspend the student.
14.2
Should the Principal believe that the student is unable to control his/her
behaviour or is unable to understand the foreseeable consequences of
his/her behaviour, the Principal may choose not to suspend, and therefore
not to proceed to an expulsion.
14.3
Notwithstanding 14.2 above, where a student’s presence in the school
creates an unacceptable risk, a short-term suspension may be imposed in
order to arrange for appropriate accommodations of the student.
14.4 Where a Principal has suspended a student for an infraction listed in
section 10.1 of this procedures manual, the Principal will conduct an
June 2013
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investigation to determine whether to recommend an expulsion to the
Board.
14.5
Expulsion consideration
14.5.1
In consideration of whether to recommend a student for
expulsion the Principal will consider the gravity of the offence
and the effect of the student’s presence on the welfare of other
students and staff.
14.5.2
The following factors, if considered mitigating by the Principal,
may cause the Principal not to recommend an expulsion and
may alter the length of the suspension imposed:
•
the student’s continued presence in school does not
create an unacceptable risk to the safety of any other
person
•
the student’s history
•
whether a Progressive Discipline approach has been
used with the student
•
whether the activity for which the student may be, or is
being suspended or expelled, was related to any
harassment of the student because of his or her race,
ethnic origin, religion, disability, gender or sexual
orientation, or to any other harassment
•
how the suspension or expulsion would affect the
student’s ongoing education
•
the age of the student
•
in the case of a student for whom an IEP has been
developed:
o whether the behaviour was a manifestation of a
disability identified in the student’s IEP
o whether appropriate individualized
accommodation has been provided
o whether the suspension or expulsion is likely to
result in an aggravation or worsening of the
student’s behaviour or conduct
June 2013
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14.6
14.7
Principal’s investigation
14.6.1
The Principal will conduct an investigation promptly following the
suspension of the student under section 14.1 above.
14.6.2
As part of the investigation, the Principal will:
•
interview the student and where the student is not an
adult the student’s parent/guardian
•
interview witnesses who the Principal believes can
contribute relevant information
•
review the student’s past history of discipline, including
steps taken in Progressive Discipline
•
consider the effect of the student’s presence on the
welfare of others in the school
•
consult with special education staff when dealing with
an identified student
•
consult with the Superintendent for the school to ensure
that proper procedures have been followed
Principal’s determination
14.7.1
Following the investigation, the Principal will determine whether
to recommend an expulsion to the Board.
14.7.2
The Principal may recommend:
•
an expulsion from all schools of the Board, or an
expulsion from the school the student was attending
with a recommendation for an alternate school
•
If the Principal decides not to recommend an expulsion,
the Principal may:
o uphold the suspension imposed including the
length of the suspension
o uphold the suspension and modify the length of
the suspension
o withdraw the suspension and expunge the record
June 2013
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14.8
Principal notification
14.8.1
Following the investigation, the Principal will promptly notify, in
writing, the adult student or the parent/guardian of his/her
decision.
14.8.2
Where the Principal has decided to recommend that the Board
consider an expulsion, the notification will include:
14.8.3
14.9
•
a copy of the Board’s Safe Schools Policy, and
•
contact information for the Superintendent for the
school
Where the Principal has decided not to recommend an
expulsion, but instead, modify or uphold the suspension, the
notification will include information about the right to appeal the
suspension.
Superintendent’s review
14.9.1
Following receipt of the recommendation of the Principal by the
Superintendent for the school, the Superintendent may offer the
parent or the adult student an opportunity to review the
Principal’s decision and the evidence supporting that decision.
14.10 Expulsion hearing
14.10.1 Where the Principal has decided to recommend to the Board that
the student be expelled, the Discipline Committee of the Board
will conduct a hearing within twenty (20) days of the first day of
the suspension, unless the parties to the expulsion agree
otherwise.
14.10.2 The Superintendent for the school will notify the parties to the
hearing of the date and time of the hearing, including information
about the proceedings.
14.11 Principal’s report
14.11.1 Where the Principal recommends an expulsion to the Board, the
Principal will prepare a report including:
•
a summary of the findings of the investigation, including
o the suspension infraction
o Principal’s recommendation
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o incident leading to the suspension
o current credit count
o current program
o Principal’s investigation
o parent interview conducted
o past misconduct and steps taken in progressive
discipline
o consideration of mitigating circumstance
o rationale behind the recommendation
•
a recommendation of whether to expel from the school
or all the schools of the Board, and either:
o a recommendation for placement of the student,
should the expulsion recommendation be from the
school only, or
o a recommendation for a program for expelled
students if expelled from all the schools of the
Board
14.12 Notification of hearing
14.12.1 The Superintendent for the school will notify the adult student or
the student’s parent/guardian of the time and place of the
hearing.
14.12.2 Included in the notification will be:
•
the Principal’s report to the Board
•
a copy of the relevant parts of this Safe Schools
procedures manual dealing with expulsion hearings
•
a statement that the adult student or the student’s
parent/guardian may respond to the Principal’s report in
writing
•
the name and contact of the Superintendent for the
school
14.13 The expulsion hearing
14.13.1 Parties to the expulsion hearing will be the Principal or designate
the adult student or the student’s parent/guardian and the
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student should she/he choose to make a submission to the
Board.
14.13.2 The procedures for the hearing will be in the following order:
•
the Superintendent for the school will review the
relevant regulations and policies governing student
behaviour including those governing student discipline
•
the Principal will present the report and may call
evidence in respect to the infraction
•
the adult student or the student’s parent/guardian will
present his/her report (if submitted), or have up to ten
(10) minutes to verbally present his/her point of view on
the discipline of the student including possible
consequences for the behaviour
•
the non-adult student may have up to five (5) minutes to
present information
•
the Committee may ask questions of all parties to the
expulsion hearing
•
the Committee will retire In Camera (closed session) to
consider the outcome of the hearing
14.13.3 The expulsion hearing will proceed in spite of the absence of the
adult student and/or the student’s parent or guardian.
14.14 Committee determination
14.14.1
June 2013
The Committee will consider the following in making its
determination:
•
all evidence and information provided by the parties to
the hearing
•
the gravity of the misconduct
•
the effect of the continued presence of the student in
the school or other schools
•
whether Progressive Discipline was or should have
been employed
•
any mitigating factors that may apply
•
other such matters as deemed appropriate by the
Discipline Committee
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14.14.2 Upon deliberation, the Committee may:
•
expel the student from all the schools of the Board
•
expel the student from the school the student was
attending and recommend another school within the
Board
•
not expel the student but uphold the suspension
•
not expel the student and modify the suspension
•
not expel the student and quash the suspension and
expunge the record of the suspension
14.15 Committee notification
14.15.1 The decision of the Committee will be communicated promptly in
writing to all parties of the expulsion hearing.
14.15.2 Where the Committee has decided to expel the student, the
notice will include:
•
the reasons for the expulsion
•
information about the right to appeal
14.16 Appeal
14.16.1 If the Committee decides to expel a student, the adult student or
the student’s parent/guardian may appeal the expulsion to the
Child and Family Services Review Board.
14.16.2 If the Committee decides to uphold, modify, or quash the
suspension, the decision of the Committee is final.
14.16.3 An appeal of the Committee’s decision to expel does not stay the
expulsion.
14.17 Program
14.17.1 Where the Committee decides to expel a student from all
schools of the Board, the Committee will assign the student to a
program for expelled students.
14.17.2 A SAP will be developed for the student and will include both
academic and non-academic objectives.
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SAFE SCHOOLS
PROCEDURES MANUAL 503-A
14.18 Conditions under expulsion
14.18.1 A Student under expulsion from all schools of the Board is not
allowed to engage in any school-related activities, and is not
allowed to be on the property of any school, unless required by
the attendance in a suspension/expulsion program.
14.18.2 A Student under expulsion from his/her original school, is not
allowed to engage in any related activities of that school, and is
not allowed to be on the property of that school.
14.19 Re-entry from an expulsion
14.19.1 When a student has completed a program for expelled students
as outlined in the SAP, the student will be readmitted to school.
The principal of the school for expelled students will determine if
the program has been completed successfully or the program
objectives have been met.
14.19.2 When a student is expelled from one school of the board the
adult student or the student’s parent/guardian may apply in
writing to the Superintendent for that school to have the student
readmitted to that school. The Superintendent of that school will
determine if the student will be readmitted to that school. The
student must demonstrate readiness to prosper in the instruction
at the school and that his or her presence in the school will no
longer be detrimental to the welfare of others.
14.19.3 When a student is expelled from all schools of the board, the
adult student or his/her parent or guardian may apply in writing to
the Superintendent for the school the student was expelled from
for the student to be readmitted to a school of the board. The
Superintendent for the expelling school will determine if the
student should be readmitted to a school of the Board.
14.19.4 Should an expelled student not successfully complete the
program for expelled students, the adult student or his/her parent
guardian my apply for re admission to a school of the board by
demonstrating to the Superintendent of the expelling school that
the SAP objectives designed for that student have been met.
14.19.5 The decision of the Superintendent for the school is appealed by
requesting to delegate to the Board.
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