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220: Appendix C - Code of Conduct Hearing

Without limiting what appears below, the Chair shall ensure fairness in dealing with the complaint by adhering to the following procedures:

1.0 The Code of Conduct complaint shall be conducted at an in-camera session, “Code of Conduct Hearing”, of a Special Board Meeting convened for that purpose.

1.1 The Board, in its sole discretion, may record the in-camera session of the Special Board Meeting by electronic means. Where recording will take place, trustees shall be advised by the presiding Chair at the commencement of the Code of Conduct Hearing.

2.0 The sequence of the Code of Conduct Hearing shall be:

2.1 The information supporting the complaint shall be presented to members of the Board of Trustees and may be written or oral or both;

2.2 The respondent Trustee shall provide a presentation which may be written or oral or both;

2.3 The Trustee advancing the complaint shall then be given an opportunity to reply to the respondent Trustee’s presentation;

2.4 The respondent Trustee shall then be provided a further opportunity to respond to any additional information or presentation and subsequent remarks;

2.5 The remaining Trustees of the Board shall be given the opportunity to ask questions of both parties;

2.6 The Trustee advancing the complaint shall be given the opportunity to make final comments; and

2.7 The respondent Trustee shall be given the opportunity to make final comments.

3.0 Following the presentation of the respective positions of the parties, the parties, and all persons, other than the remaining Trustees who do not have a conflict of interest, shall be required to leave the room, and the remaining Trustees shall deliberate in private. The Board may however, in its discretion, call upon legal advisors to assist them on points of law, or the drafting of a possible resolution.

4.0 If the remaining Trustees, in deliberation, require further information or clarification, the parties shall be reconvened and the requests made in the presence of both parties. If the information is not readily available, the presiding Chair may request a recess, or if necessary, an adjournment of the Code of Conduct Hearing to a later date.

5.0 In the case of an adjournment, no discussion by Trustees whatsoever of the matters heard at the Code of Conduct Hearing may take place until the meeting is reconvened.

6.0 The remaining Trustees, in deliberation, may draft a resolution indicating what action, if any, may be taken regarding the respondent Trustee.

7.0 The presiding Chair shall reconvene the parties to the Code of Conduct Hearing and request a motion to revert to the open meeting, in order to pass the resolution.

8.0 All documentation or records related to the Code of Conduct Hearing shall be returned to the Superintendent or designate immediately upon conclusion of the Code of Conduct Hearing and shall be retained in accordance with legal requirements.

9.0 The presiding Chair shall declare the Special Board Meeting adjourned.