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APPEALING A SUSPENSION

Appeal of Suspension:

As a general rule, only a student’s parent or guardian can appeal - unless the student can do so on their own because they are either 18 years of age or at least 16 years old and beyond parental control. Board policy can also specify other persons who can appeal.

The board will designate a supervisory officer to receive notices of intention to appeal.

A Notice of Intention to Appeal must be in writing and delivered to the board’s supervisory officer within 5 days of the commencement of the suspension for reasons under s.310 and within 10 days if suspended for reasons under s.306.

If a principal recommends expulsion, however, the board is required to hold an expulsion hearing (see below). The decision to suspend a student will be dealt with at an expulsion hearing where the board may confirm or remove the suspension or reduce its duration.

The board must hear the appeal within 15 school days of receiving the Notice of Intention to Appeal.

The parties to an appeal are:

  • The principal who suspended the pupil.
  • The pupil, if, the pupil is at least 18 years old, or the pupil is 16 or 17 years old and has withdrawn from parental control.
  • The pupil’s parent or guardian, if the pupil’s parent or guardian appealed the decision to suspend the pupil.
  • The person who appealed the decision to suspend the pupil, if the decision was appealed by a person other than the pupil or the pupil’s parent or guardian.

Such other persons as may be specified by board policy.

A pupil who is not eligible to be a party to an appeal still has the right to be present and to make a statement on his or her own behalf.

Decision on appeal:

The board can confirm or quash (remove) the suspension. The board may confirm the suspension but shorten its duration. In which case, this can be done even after a suspension has been served so that the record of suspension can be amended. The decision of the board on appeal is final.

If you wish to appeal a decision to suspend, you may want to consult a lawyer with experience in Education Law issues.

We have included information on how to find a lawyer in Ontario with Education Law experience in the section on Basic Advocacy Skills—I Need a Lawyer!

 

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