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EXPULSIONS

The Principal must conduct an investigation to determine whether to recommend to the board that the pupil be expelled when a pupil is suspended under s.310 for any of the activities described below:

  1. Possessing a weapon, including possessing a firearm.
  2. Using a weapon to cause or 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 or illegal drugs.
  6. Committing robbery.
  7. giving alcohol to a minor.
  8. Any other activity that, under a policy of a board, is an activity for which a principal must suspend a pupil and, therefore in accordance with this Part, conduct an investigation to determine whether to recommend to the board that the pupil be expelled.

In considering whether to recommend to the board that the pupil be expelled, the Principal must take into account any mitigating or other factors prescribed by the regulations:

Mitigating Factors:

  1. The pupil does not have the ability to control his or her behaviour.
  2. The pupil does not have the ability to understand the foreseeable consequences of his or her behaviour.
  3. The pupil’s continuing presence in the school does not create an unacceptable risk to the safety of any person.

Other Factors:

  1. The pupil’s history.
  2. Whether a progressive discipline approach has been used with the pupil.
  3. Whether the activity for which the pupil may be or is being suspended or expelled was related to any harassment of the pupil because of his or her race, ethnic origin, religion, disability, gender or sexual orientation or to any other harassment.
  4. How the suspension or expulsion would affect the pupil’s ongoing education.
  5. The age of the pupil.
  6. In the case of a pupil for whom an individual education plan has been developed,
    1. whether the behaviour was a manifestation of a disability identified in the pupil’s individual education plan,
    2. whether appropriate individualized accommodation has been provided, and
    3. whether the suspension or expulsion is likely to result in an aggravation or worsening of the pupil’s behaviour or conduct.

The Principal’s investigation shall begin promptly following the suspension and in accordance with the requirements set out in board policy. The Principal is required to make all reasonable efforts to speak with the pupil, the pupil’s parent or guardian (unless the pupil is at least 18 years old or the pupil is 16 or 17 years old and has withdrawn from parental control) and any other person the Principal has reason to believe may have relevant information.

If the result of the Principal’s investigation is a decision not to recommend suspension, then the Principal must provide a written notice that:

  1. The Pupil will not be subject to an expulsion hearing.
  2. The suspension is confirmed or confirmed but reduced in duration or withdrawn altogether.
  3. Unless the suspension was withdrawn, information about how to exercise the right to appeal.

If the result of the Principal’s investigation is a decision to recommend expulsion, the Principal must prepare a report including:

  1. A summary of the principal’s findings.
  2. Whether the Principal recommends expelling the pupil from just his or her own school or from all of the schools of the board.
  3. A recommendation of the type of school that might benefit the pupil is he or she is just expelled from their own school or, if the Principal recommends expulsion from all schools within the board, what type of program might benefit the pupil.

The report must be shared with every person to whom the principal was required to give notice of the suspension: the pupil, the pupil’s parent or guardian unless the pupil is 18 years old or the pupil is 16 or 17 years old and has withdrawn from parental control and other persons as may be specified by board policy.

EXPULSION HEARINGS:

If a principal recommends to a board that a pupil be expelled, the board must hold an expulsion hearing. The parties entitled to participate include the principal, the pupil (if the pupil is at least 18 years old - or 16 or 17 years old and has withdrawn from parental control), the pupil’s parent or guardian (unless the pupil is at least 18 years old - or 16 or 17 years old and has withdrawn from parental control), such other persons as may be specified by board policy. A pupil not within the above category may still attend and make a statement on their own behalf.

Restriction on Expulsion:

The board can not expel a pupil if more than 20 days have passed since the pupil was suspended unless the parties agree to a later deadline.

At the Hearing:

The board may designate a committee of at least three members of the board to conduct the expulsion hearing process.

Each party is able to make a submission in writing, orally or in a mixture of both oral and written material. The board will ask the views of all parties on whether, if the pupil is expelled, the pupil ought to be expelled from his or her own school only or from all of the schools in the board. Likewise, the parties will be asked their opinion on whether the suspension should stand in the event the student is not expelled or whether the suspension should be reduced or withdrawn altogether.

In making its decision, the board must take into account the submissions of the parties, any mitigating factors set out in the regulations (see above) and any written response to the principal’s report from a person whom the principal had reason to believe had relevant information, so long as this information was received before the end of the hearing.

Decision Not to Expel:

If the decision is made not to expel the pupil, the board must give a written notice to each party indicating that the pupil is not expelled and addressing the suspension. The suspension may be confirmed, confirmed but reduced in duration or withdrawn. In the case of a reduction of suspension, the pupil’s record will be amended. If the suspension is totally withdrawn, the pupil’s record will not show any record of suspension. The decision of the board not to expel is considered final.

Decision to Expel:

If the decision is to expel the pupil, the board must promptly provide a written notice to the parties. The notice must include the reason for the expulsion and a statement indicating whether the pupil is expelled just from his or her own school or from all of the schools within the board. If the student is expelled from his or her own school, the notice will contain information about the new school within the board to which the pupil is assigned. If the pupil is expelled from all of the schools within the board, the notice will include information about the program for expelled students to which the pupil has been assigned. The notice must also contain information about how to appeal the decision to the Child and Family Services Review Board.

A student who successfully completes a program for expelled pupils, or has satisfied the objectives for a successful completion of such a program, is entitled to be readmitted to a school within the board.

Information about how to find a lawyer in Ontario with education law experience is provided in the section Basic Advocacy Skills - I Need a Lawyer!

Expulsions hearings are not open to the public, and are conducted according to rules set out in the Statutory Powers Procedures Act. The decision of the School Board or committee will be made in private, and parties to the expulsion hearing will be notified in writing of the School Board’s decision.

If the decision of the School Board is to expel the student, a record of the expulsion will be included in the students OSR [Ontario Student Record].

Appealing an Expulsion Decision

If the parent/guardian, or adult student, is not satisfied with the School Board’s decision, the decision of the School Board to expel may be appealed to the Child and Family Services Review Board.

The appeal to the CFSRB must be made within 60 days of the decision by the School Board to expel the student.

Child and Family Services Review Board
2 Bloor Street West, 24th Floor
Toronto, ON
M7A 1E9
Phone: 416-327-4673

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