Hearing Process

After receiving your application, the Board will take the following steps:

• Notify the school board of the application to the Board

The Board will send a copy of the application to the appropriate school board and will request a copy of the principal’s report recommending the expulsion.

• Hold a Pre-hearing conference

The Board will schedule a pre-hearing conference with the applicant and the school board within six days of receiving the application.  The parties will be contacted to ask for their availability.  The Board will do its best to accommodate the parties in setting a pre-hearing date.

A pre-hearing conference will be held by one Board Member in order to:

• Clarify the issues to be discussed at the hearing;
• Review the evidence to be presented and the witnesses to be called at the upcoming hearing; and
• Select dates for the hearing.

The pre-hearing conference will be held by teleconference.

Following the pre-hearing conference the Board will send to the parties a summary of the pre-hearing discussions and provide notice of the hearing.

• Hold a hearing

A hearing date will be set within 30 days of the Board receiving the application. The Board may extend the period of time for commencing the hearing, before or after the expiry of the 30 day time period, at the request of any party to the appeal.

A panel of up to 3 Board Members will hear the appeal. The Board will contact the parties to ask for their availability if their availability was not provided at the pre-hearing.  The Board will do its best to accommodate the parties in setting a hearing date within the required time frame.

The appellant and the school board will each have an opportunity to present evidence, call witnesses on their behalf and make submissions.

The appellant will be able to ask the school board's witnesses questions.  The school board will also be able to ask the appellant and his/her witnesses questions.  The Board may also have questions.

The school board will present its evidence first, followed by the appellant.

A student whose expulsion is being appealed has the right to be present at the hearing and to make a statement on his or her behalf, whether or not the student is a party to the appeal.

The duration of a hearing will vary from case to case. All hearings take place in private.

• Issue a Decision

The Board will issue a decision on the appeal within 10 days after a hearing.

Written reasons for the decision will be issued within 30 days of the hearing.

The Board may decide to:

• a) confirm the school board’s expulsion decision;
• b) overturn the expulsion decision and reinstate the pupil to the school, if the school board’s decision was to expel the pupil from his or her school only;
• c) if the school board’s decision was to expel the pupil from all schools of the school board:
  • (i) change the expulsion decision to an expulsion from the pupil’s school only; or
  • (ii) overturn the expulsion and reinstate the pupil to his or her school;
• d) order any record of the expulsion be removed or amended.