Policies and Procedures

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245: Appeals

1.0 POLICY

The Board of Trustees expects staff members to resolve issues with individuals in a proactive, respectful and timely manner. The Board recognizes that a resolution acceptable to both parties cannot always be achieved. The Board respects the rights of individuals to appeal decisions of the Administration to the Board. Therefore, upon written request, the Board may hear appeals when a decision significantly affects the education of a student. In addition, the Board reserves the right to hear or not to hear appeals on other matters.

Appeals shall be heard by the Board or Committee of the Board, depending upon the nature of the appeal as determined by the Board


2.0 GUIDELINES

2.1 Dispute Resolution

2.1.1 The individual must be prepared to address his/her concern in person or in writing to the person or persons involved.

2.1.2 Administrators are responsible for encouraging staff to mutually resolve issues with stakeholders. If the issue remains unresolved, it should, then, be referred to the site based administrator.

2.1.3 Administrators are responsible for ensuring that stakeholder concerns are documented. The documentation should include:

2.1.3.1 A description of the concern;

2.1.3.2 A record of the stakeholder/staff interactions, staff decisions and actions, and stakeholder actions; as well as,

2.1.3.3 Related correspondence.

2.1.4 Generally, complaints or concerns regarding school based matters can be resolved with the parties involved. The Superintendent and/or a Trustee may receive a request to intervene in school or administrative affairs. In this event, the complaint/concern will be resolved according to the following:

2.1.4.1 The Superintendent or designate will, as appropriate, refer a complaint/concern to the school or department, engage in mediation, or conduct an inquiry.

2.1.4.2 The Superintendent or designate will ensure, in co-operation with schools and departments, that parents/guardians are provided with the opportunity to express their concerns and be heard by school-based and/or division Administrators.

2.1.4.3 The Trustee, upon receipt of an inquiry/concern, will refer the individual to the Superintendent. The concern will be addressed as outlined above.

2.1.5 Upon receiving an inquiry, the Superintendent or designate will ascertain if all local avenues for resolution have been considered. If not, the individual will be advised to do so as the first means of achieving resolution.

2.1.6 If the individual feels his/her concern has not been addressed by the parties involved, the concerns are to be taken to the immediate supervisor.

2.1.7 When all other steps have been followed, the Superintendent or designate will contact the individual and school-based and/or Division Administrators in an attempt to resolve the issue.

2.1.8 If resolution of the issue is not achieved at the Superintendent level, the individual shall be advised of his/her right to an appeal to the Board if the matter significantly affects the education of a student.

2.2 Appeal Process

2.2.1 If the issue is not resolved at the local administrative level, the administrator will inform the stakeholder that the matter may be directed to the Superintendent of Schools or his/her designate.

2.2.2 The site Administrator shall ensure stakeholders are provided a copy of Policy 245 – Appeals.

2.2.3 If the issue is not resolved by the Superintendent or designate, he/she shall inform the stakeholder of the Board’s appeal procedures.

2.2.4 If further action is desired, the next step would be to the Superintendent of Schools and subsequently an appeal in writing to the Board of Trustees.

2.2.5 The Board will decide at its next meeting after receiving the request whether or not to hear the appeal.

2.2.6 If the Board decides not to hear the appeal, the Board will inform the stakeholder in writing of the reason(s) for the decision.

2.2.7 If the Board decides to hear the appeal, the Superintendent will inform the stakeholder, in writing, of the proposed date and location for the appeal hearing. A copy of the Appeal Policy will be provided at the same time.

2.2.8 The Board shall address the appeal in one of two ways, by: 2.2.8.1 The Board as a Committee of the Whole

2.2.8.2 A sub-committee of the Board

2.2.9 The appeal hearing will be conducted in accordance with a pre-set agenda (Appendix A).

2.2.10 The stakeholder making the appeal may be represented by an advocate or legal counsel, at the individual’s own initiative and expense.

2.2.11 The Administration may also use an advocate or legal counsel.

2.2.12 The Board will inform both parties of the result of the appeal, in writing, within three days of the appeal hearing. If the Board upholds the Administration’s decision, then in the same letter, the individual will be informed of the right of appeal to the Minister under section 44 of the Education Act (where applicable).

2.3 Appeal of Teacher

Transfer In the event of a teacher appeal of a transfer, the process will be as outlined in Section 144 of the Education Act.


References:

Education Act: Sections 41, 42, 44, 212
Policy 220 – Trustee Responsibility and Conduct

History

2019 Mar 27 Initial Approval
2020 Feb 26 Amended
2021 Oct 27 Reviewed