14: Appeals to the Board Regarding Teacher Transfers
Policy
Through legislation, policy and practice, the Board supports the importance of a fair process of appeal while recognizing the authority of the Superintendent, as the final authority where legislated or delegated.
This policy exists to ensure that final decisions are derived in consideration of procedural fairness. The Appeal Hearing process is not intended for a teacher to appeal a decision solely out of disagreement with that decision.
In accordance with the Education Act, section 212(1): “A Superintendent may, at any time during a school year, transfer a teacher from one school operated by the board to another of its schools.” The teacher may make a written request to the Board to have a Teacher Transfer Appeal Hearing before the Board for the purpose of objecting to the transfer.
The Board shall conduct any hearings concerning the transfer of a teacher pursuant to section 212 of the Education Act, in accordance with Board policy and any applicable policy appendix and/or administrative procedure.
Request for a Hearing
1. A teacher who has received a notice of transfer may, within seven (7) calendar 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.
2. The request for a Hearing before the Board shall be submitted by the teacher to the Associate Superintendent of Corporate Supports and Services [hereinafter referred to as the Secretary-Treasurer], with a copy being provided to the Superintendent.
3. The Board Chair shall call a Special Board Meeting for the purpose of holding a Teacher Transfer Appeal Hearing [hereinafter referred to as the Hearing] not earlier than fourteen (14) calendar days after the teacher receives the notice of transfer unless the teacher agrees in writing to an earlier date, as per section 212(4) of the Education Act.
4. The Secretary-Treasurer shall notify the teacher and Superintendent in writing, of the date, time and location of the Hearing.
Pre-Appeal Hearing Process
5. The Superintendent, or their designate, shall forward any documentation or written materials to be considered by the Board in support of the teacher transfer to the Secretary-Treasurer, no less than seven (7) calendar days prior to the scheduled date of the Hearing.
6. The teacher shall forward any documentation or written materials to be considered by the Board in objection to the teacher transfer to the Secretary-Treasurer, no less than seven (7) calendar days prior to the scheduled date of the Hearing.
7. The Secretary-Treasurer shall provide copies to each of the parties of all relevant documentation or written materials received from each of the parties, no less than four (4) calendar days prior to the Hearing.
8. The teacher or the Superintendent may be accompanied by counsel or other representatives(s) if, not less than seven (7) calendar days prior to the scheduled date of the Hearing, the names of counsel or other representatives are provided by the teacher or the Superintendent in writing or by electronic notice, to the Secretary-Treasurer.
9. The teacher or the Superintendent may request to bring witnesses as a resource if, not less than four (4) calendar days prior to the scheduled date of the Hearing, the names are provided by the teacher or the Superintendent in writing or by electronic notice, to the Secretary-Treasurer.
9.1. The request to bring resource persons must include an explanation satisfactory to the Secretary-Treasurer, as to why the resource persons’ evidence cannot be adequately presented in writing.
9.2. The Secretary-Treasurer shall, within three (3) calendar days of receiving the request, advise the party who has made the request, in writing or by electronic notice, whether the request is granted.
10. The teacher may at any time up to the start of the Hearing, withdraw in writing or electronic notice, their request for a Hearing before the Board.
Hearing Process
11. To protect the confidentiality of the proceedings, the Hearing Chair [hereinafter referred to as the Chair] shall provide a reference number for the Hearing. The Hearing shall be conducted in-camera.
11.1. Resource persons, if any, will only be allowed to be in attendance when required.
11.2. Minutes of the Hearing shall be recorded for the purpose of the Board’s records.
11.3. Once in-camera, the sequence of the Hearing shall be as follows:
11.3.1. The Chair will introduce members of the Board in attendance and identify representation of legal counsel or other attendees acting as resources for the Board, if in attendance.
11.3.2. The Chair will request the parties to introduce themselves and identify representation of legal counsel or other attendees acting as resources for the Hearing.
11.3.3. The Secretary Treasurer will provide a copy of relevant written documentation submitted by each party to members of the Board.
11.3.4. The Chair will outline the purpose and process of the Hearing, which is to provide:
11.3.4.1. Opportunity for the parties to make representation in support of their respective positions and
11.3.4.2. Opportunity for the Board to receive information, deliberate and to make a decision regarding the teacher transfer;
11.3.5. Oral presentation by the Superintendent or designate, including evidence by resources if any, explaining the decision and reasons for the transfer;
11.3.6. Oral presentation by the teacher, including evidence by resources if any, explaining the reasons for their objections to the transfer;
11.3.7. The Superintendent or designate shall be provided an opportunity to respond to the teacher’s presentation;
11.3.8. The teacher shall be provided an opportunity to respond to the Superintendent’s or designate's presentation;
11.3.9. The Board shall be provided the opportunity to ask clarifying questions of either party or any of the resources;
11.3.10 The Superintendent or designate shall be provided an opportunity to make final comments; and
11.3.11. The teacher shall be provided an opportunity to make final comments.
11.4. No cross-examination of either party or their resources shall be permitted, unless the Chair deems it necessary.
11.5 Requests for a recess or adjournment may be granted by the Chair to allow for members of the Board to read through written documentation or for parties to prepare a response to the other party’s presentation.
11.5.1. If a recess or an adjournment is granted during a Hearing, members of the Board are prohibited from disclosing the evidence presented or discussing matter raised at the Hearing, either amongst themselves or with the parties and their representatives or resources until the hearing is reconvened.
Deliberation
12. The Board shall meet without the respective parties to the Hearing in attendance. The Board may have the Secretary-Treasurer and/or legal counsel in attendance.
13. The Board shall deliberate in private and review information provided by both parties to arrive at a decision regarding the transfer. The decision will be either to:
13.1. Uphold the decision of the Superintendent or designate to transfer the teacher, or
13.2. Overturn the decision of the Superintendent or designate to transfer the teacher.
14. If the Board requires additional information or clarification, both parties will be recalled and the request for information will be made in the presence of both parties.
14.1. If the information is not readily available, or if either party are no longer available, the Chair will call a recess or adjourn the meeting to a later date at the call of the Chair.
14.2. Members of the Board are prohibited from discussing the evidence presented or matters raised at the Hearing, either amongst themselves or with the parties and their representatives or resources until the Hearing is reconvened.
14.3. In the case of adjournment, the Secretary-Treasurer will retain all written documentation shared with members of the Board until such time as the Hearing resumes.
Decision
15. The Board shall, by simple majority, determine the decision on the matter presented; notably;
15. 1. The decision shall be either to uphold the decision of the Superintendent or designate to transfer the teacher, or overturn the decision of the Superintendent or designate to transfer the teacher.
16. The Board shall confirm their decision, in writing, to all parties.
Approved:
