14: Hearings on Teacher Matters
The Superintendent may transfer a teacher in accordance with section 104 of the School Act. 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.
The Superintendent may make a recommendation to the Board to terminate a continuous contract of employment with a teacher or to terminate a designation of a teacher. In terminating a continuous contract of employment or a designation, the Board shall act reasonably.
The Superintendent may suspend a teacher from the performance of the teacher’s duties in accordance with subsections 105(1) and 105(2) of the School Act. The power to suspend the services of a teacher may not be further delegated. The teacher may appeal such suspension to a Board of Reference.
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 further delegated.
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 shall be submitted by the teacher to the Associate Superintendent, Business and Finance with a copy being 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, Business and Finance shall advise the teacher in writing of the date, time and location of the hearing.
2. Termination of Continuous Contract or Designation
2.1. When the Superintendent has decided to make a recommendation to the Board to terminate a teacher's continuous contract, or terminate a designation, the Superintendent shall forward that recommendation:
2.1.1. To the teacher, not less than fourteen (14) days before the scheduled date of the meeting at which the recommendation shall be considered; and
2.1.2. To the trustees, through the Corporate Secretary, in accordance with the practice for regular Board meetings.
2.2. Either party to the proceedings may make a request for an adjournment. Such request for an adjournment shall be made in writing, to the Board Chair, with a copy to the other party. The Board Chair, at the Chair’s discretion, may allow for written or oral submissions from the other party. The Chair’s decision about the adjournment request shall be communicated to each of the parties.
3. Provision of Information
3.1. Any written materials the teacher or the Superintendent wishes trustees to consider must be submitted to the Corporate Secretary not less than four (4) days prior to the scheduled date of the meeting. The Corporate Secretary will provide copies of all such documentation to the trustees and the parties prior to the hearing, where possible, or during the hearing.
3.2. The teacher or the Superintendent may be accompanied by counsel or other representative, and may bring witnesses if, not less than four (4) days prior to the scheduled date of the meeting, the following is provided by the teacher or the Superintendent in writing, the names of counsel, other representatives, and any witnesses.
3.3. Notwithstanding, the Board Chair shall reserve the right to receive further documentation as deemed relevant.
4. Procedure at Hearings
4.1. The hearing shall be conducted at an in-camera session of the Board, and chaired by the Chair, or in the Chair’s absence, the Vice-Chair or designate.
4.2. The Chair will introduce all parties, and the parties or their representative shall introduce all witnesses at the hearing.
4.3. The sequence of the hearing shall be as follows:
4.3.1. An opening statement to be made by each of the parties;
4.3.2. Written and oral presentation by the Superintendent or designate, including any evidence by witnesses where appropriate;
4.3.3. Written and oral presentation by the teacher, including any evidence by witnesses where appropriate;
4.3.4. Superintendent (or designate) provided opportunity for a response to the teacher’s presentation;
4.3.5. Teacher’s opportunity for a response to the administration’s presentation;
4.3.6. An opportunity for the Board to ask questions of both parties and any questions of clarification of both parties and any of the other witnesses;
4.3.7. An opportunity for the Superintendent or designate to make final comments;
4.3.8. An opportunity for the teacher to make final comments; and
4.3.9. No cross-examination of witnesses shall be allowed unless the Chair deems it advisable.
4.4. 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 or legal counsel in attendance.
4.5. If the Board requires additional information or clarification in order to make its decision, both parties will be recalled to appear before the Board and the request for information will 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 or matters raised at the hearing, either amongst themselves or with the parties and their representatives or witnesses until the hearing is reconvened.
4.6. When the Board is ready to make its decision on the matter, both parties, if still present, will be advised that the Board will be reconvening and will consider a motion to move into a regular or special Board meeting in order to consider the resolution.
4.7. The Board decision will be communicated to the teacher, in writing, following the hearing