720: Appendix A: Hearings on Teacher Transfers
Responsible Administrator: Associate Superintendent Human Resources
PURPOSE
In accordance with Section 212 of the Education Act, the Superintendent may transfer a teacher. The teacher may make a written request to the Board to have a hearing before the Board for the purpose of objecting to the transfer.
In accordance with Policy 701: Board Delegation of Authority, and with Section 52(5)(a) of the Education Act, the Board delegates authority to the Superintendent of Schools to suspend the services of a teacher under Sections 213(1) of the Education Act.
In accordance with Section 52(5)(b) of the Education Act, the Board delegates authority to the Superintendent of Schools to terminate the services of a teacher.
The Superintendent may terminate the probationary, temporary or interim contract of a teacher during the term of such contract. The power to terminate the contracts of employment referenced in the preceding sentence may not be delegated by the Superintendent.
1. Transfers
1.1 A teacher who has received a notice of transfer may, within seven (7) days from the day on which the teacher receives the notice of transfer, make a written request to the Board to have a hearing before the Board for the purpose of objecting to the transfer.
1.2 The request for a hearing before the Board must be submitted in writing by the teacher to the Associate Superintendent, Corporate Services with a copy provided to the Superintendent.
1.3 The Board may set a date and time for the hearing requested, not earlier than fourteen (14) days after the teacher receives the notice of transfer, unless the teacher agrees in writing to an earlier date.
1.4 The Associate Superintendent, Corporate Services, shall advise the teacher in writing of the date, time, and location of the hearing.
1.5 When the teacher makes a request to have a hearing before the Board, the teacher must not be transferred until after the hearing is held.
2. Provision for Information
2.1 Any written materials the teacher or the Superintendent wishes the Board to consider must be submitted to the Associate Superintendent, Corporate Services not less than four (4) days prior to the scheduled meeting date. The Associate Superintendent, Corporate Services, will provide copies of all documentation to the Board and the parties prior to the hearing, where possible, or during the hearing.
2.2 The teacher or the Superintendent may be accompanied by legal counsel or other representatives and may bring witnesses if, not less than 4 days prior to the scheduled date of the meeting. The following is to be provided in writing by the teacher or the Superintendent, the names of:
2.2.1 counsel
2.2.2 other representatives;
2.2.3 any witnesses.
2.3 The Board Chair shall reserve the right to receive further documentation as deemed relevant.
3. Procedure at Hearings
3.1 The hearing shall be conducted at an in-camera session of the Board and chaired by the Board Chair, or in the Chair’s absence, the Vice Chair.
3.2 The Chair will introduce all parties. The parties and their representatives shall introduce all witnesses at the hearing.
3.3 The sequence of the hearing shall be as follows:
3.3.1 An opening statement made by each of the parties;
3.3.2 Written and oral presentations by the Superintendent or designate, including any evidence by witnesses where appropriate.
3.3.3 Written and oral presentation by the teacher, including any evidence by witnesses where appropriate;
3.3.4 Superintendent or designate provided an opportunity for a response to the teacher’s presentation;
3.3.5 Teacher provided an opportunity to respond to the Superintendent or designate’s presentation;
3.3.6 An opportunity for the Board to ask questions of both parties or any witnesses for clarification;
3.3.7 An opportunity for the Superintendent or designate to make final comments;
3.3.8 An opportunity for the teacher to make final comments; and
3.3.9 No cross examination of witnesses shall be allowed unless the Chair deems it advisable.
3.4 The Board will meet without the respective parties to the appeal in attendance to arrive at a decision regarding the appeal. The Board may have the Corporate Secretary and/or legal counsel in attendance.
3.5 If the Board requires additional information or clarification in order to make their decision, both parties shall be recalled to appear before the Board and the request for information shall be made in the presence of both parties. If the information is not readily available, the Chair may request a recess, or if necessary, an adjournment of the hearing to a later date. In the case of an adjournment, members of the Board are prohibited from disclosing the evidence presented and matters raised at the hearing, either amongst themselves or with the parties and their representatives or witnesses until the hearing is reconvened.
3.6 When the Board is ready to decide on the matter, both parties will be advised that the Board is reconvening and will consider a motion to move into a regular or special Board meeting in order to consider the resolution.
3.7 The Board decision will be communicated to the teacher, in writing, following the hearing.
3.8 If a teacher does not wish to comply with the decision of the Board, the teacher may resign from the teacher’s employment with the board after giving the Board 30 days’ written notice of the teacher’s resignation.
References:
Education Act: Sections 33, 52, 53, 212, 213, 222
Admin Procedure 720 – Teacher Staffing, Certification and Placement
Administrative Procedures VII. Personnel and Employee Relations (Teacher Staffing, Certification and Placement)