Policy 14 - Appeals Process (Bylaw 18)

1. Before Filing an Appeal

   1.1 The parent/guardian and/or the student (Appellant) will discuss the issue in dispute in a constructive manner with those responsible at the school or at the district level. The following steps must be taken:

   1.1.1 The Appellant will discuss the issue with the principal at the school.

   1.1.2 The Appellant will discuss the issue with the Assistant Superintendent at the district level.

2. Filing an Appeal

   2.1 An appeal must be filed within thirty (30) days of the date the Appellant was informed of the decision of the Assistant Superintendent unless the Appellant can demonstrate that there are reasonable grounds to extend this time limit.

   2.2 An appeal is initiated by filing a notice of appeal in writing with the Secretary-Treasurer’s office. The notice of appeal must include the following:

   2.2.1 The name, address, email address (if applicable), and telephone number of the Appellant, including the student’s name, school, and grade level.

   2.2.2 A description of the decision that is being appealed and its effect on the education, health and safety of the student.

   2.2.3 The name of the Assistant Superintendent who made the decision.

   2.2.4 The date the Appellant was informed of the decision being appealed.

   2.2.5 The grounds of the appeal and the action requested.

   2.2.6 The steps that the appellant has taken to discuss the matter directly with the person at the school, the school principal, or with the Assistant Superintendent.

3. Pre-Hearing Procedure

   3.1 The Secretary-Treasurer is responsible for reviewing the notice of appeal and for communicating with the Appellant and others on matters related to the appeal.

   3.3.1 Appeal does not comply with the requirements for an appeal

   3.3.1.1 If, in the opinion of the Secretary-Treasurer, the appeal does not comply with the requirements for an appeal, the Secretary-Treasurer will refer the matter to the Board to determine whether or not the matter will be heard.

   3.3.1.2 The Board may ask for written submissions from the Appellant and/or the staff on this preliminary matter.

   3.3.1.3 The Board will determine whether or not the appeal will be heard by the Board.

   3.3.1.4 The Secretary-Treasurer will notify all parties of the Board’s decision to hear/or not hear the appeal.

   3.3.2 Appeal complies with the requirements for an appeal

   3.3.2.1 The Secretary-Treasurer will make arrangements for the Board to hear the appeal. Both the Appellant and the staff involved will be notified in writing regarding the date and time of the appeal.

4. Board Hearing

   4.1 The Board may hold an oral hearing and/or may decide the appeal based upon written submissions.  Oral hearings are strictly confidential.

   4.2 Written submissions by both the Appellant and the staff will be copied and forwarded to both parties and to the Board.

   4.3 Neither party may introduce new documents that the other has not had an opportunity to review prior to the hearing.

   4.4 All parties will be present when reports are presented.

   4.5 The staff/administration will first present their report. This presentation should be no longer than 20 minutes.

   4.6 The Appellant will present their report. This presentation should be no longer than 20 minutes.

   4.7 It is the Board’s expectation that all parties will conduct themselves in a respectful and courteous manner. Failure to do so may result in the case being dismissed.

   4.8 All parties will be excused from the boardroom except the Superintendent, the Secretary- Treasurer, the Trustees, and the recording secretary.

   4.9 The Board will caucus to determine if there is any further information they require or any further questions they would like to ask.

   4.10 The Chair may ask questions of both parties on behalf of the Board. The purpose of these questions is not for debate, but for ensuring clarity of the information presented.

   4.11 The staff will summarize their position.

   4.12 The Appellant will summarize their position.

   4.13 At the conclusion of the hearing process, all parties will be excused except the Superintendent, the Secretary-Treasurer, the Trustees, and the recording secretary.

   4.14 The Board will hold a formal in camera meeting and will attempt to reach a decision on the matter before them.

   4.15 Only Trustees may vote in that meeting.

   4.16 The decision will be communicated to both parties as quickly as possible, outlining the grounds for the decision.

Last Revised: June 18, 2024

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