13.1: Schedule 13.1 Board Appeal Hearing Process
This Schedule exists to provide the process for the Board's Appeal Hearing.
1. The Board may make any decision that it considers appropriate in respect of a matter that is appealed to it, as per the Education Act, s. 42(7), and Board Policy 13: Appeals to the Board Regarding Student Matters.
Access to Information and Determination to Proceed
2. A parent, guardian or independent student may request, in writing, that the Board consider an appeal of a matter that is determined to be resolved by the Superintendent;
2.1. An appeal to the Board shall be made within seven (7) school days of the rendered decision the appellant.
3. As per Policy 13, s. 9, the Board Chair shall determine if there is sufficient merit to convene an Appeal Hearing Panel; notably, but not limited to:
3.1. Information or legislation alleged to have been omitted during the Superintendent's determination for a decision;
3.2. Perceived and alleged procedural errors that occurred during the determination for the decision; or
3.3. Ensuring procedural fairness when clarity is undetermined by s. 3.1 or 3.2 (above).
4. Should sufficient merit be determined to exist for an Appeal Hearing:
4.1. A resolution shall be made at a Regular Board Meeting to convene an Appeal Hearing Panel; and
4.2. The Panel Chair shall ensure that the matters related to the timely conveyance of an Appeal Hearing are properly communicated to the Appellant, and that the Appeal Hearing shall proceed, as per Board Policy 13 and Schedule 13.1.
5. Should an appeal be refused, the Board Chair shall provide correspondence noting any justification for the summary dismissal of the appeal.
5.1. An appeal to the Minister may be possible as per s. 43 of the Education Act.
6. Prior to the Appeal Hearing, the appellant party may request any relevant information that is available, and that may be freely, and justly provided by the Board.
7. Prior to the Appeal Hearing, the appellant party shall provide the Board Chair with all necessary information and documents, such as policies, procedures, and evidence that supports the appellant's appeal.
8. The Appeal Panel Chair (Board Chair of Vice Chair) shall outline the schedule and purposed of the Appeal Hearing; notably:
8.1. That a schedule for the Appeal Hearing shall be determined in consideration of the appellant's schedule, where possible;
8.2. That the appellant party shall have an opportunity to provide representation to the Appeal Hearing in support of their respective position;
8.3. That information provided to the Board may include expert medical, psychological and/or educational data, and may be presented by witnesses;
8.3.1. Information provided may include both written and/or verbal communication;
8.4. That the Appeal Hearing shall provide an opportunity for members of the Appeal Hearing Panel to receive information and review disputed facts; and
8.5. That minutes of the Appeal Hearing shall be recorded for the purpose of the Board's records.
9. For clarity, the Board Chair and/or designate shall identify a time and place for the Appeal Hearing in consideration of, but not solely dependent upon, the appellant's desired schedule.
10. The Appeal Hearing shall be comprised of the members of the Appeal Hearing Panel:
10.1. For clarity, a Hearing may only proceed with quorum, as established by Board Policy 13, s. 10.1.2.
11. The Appeal Hearing shall proceed as follows:
11.1. The Appeal Hearing Chair shall call the Appeal Hearing to order;
11.2. The Appeal Hearing Chair shall clarify the schedule and/or order of events for the Appeal Hearing;
11.3. The Appeal Hearing Chair shall invite the Appellant to present their appeal and include any justification for the appeal;
11.4. The Appeal Hearing Chair shall invite the Superintendent or designate to provide an explanation of the decision provided, and a justification for the decision;
11.5. Members of the Board's Appeal Hearing Panel shall be provided an opportunity to ask questions for clarification from both parties;
11.6. Cross-examination between parties shall not be permitted;
11.7. The Appeal Hearing Panel shall convene to meet, without the respective parties present, to discuss the matters brought forth to the Appeal Hearing;
11.7.1. The Appeal Hearing Panel may have legal counsel in attendance for this purpose; and
11.7.2. The Appeal Hearing Panel may determine that it is necessary to reconvene to receive additional information or clarification from either party and convene privately again at the conclusion of this process for clarification;
11.8. The Appeal Hearing Panel shall, by simple majority, determine the Hearing Panel's decision on the matter presented;
11.9. The Board shall reconvene with all parties to state the Board's decision on the matter;
11.9.1. The Board shall confirm the Board's decision, in writing, to all parties; and
11.9.2. Included in the communication to the appellant shall be information that the appellant has a right to appeal to the Minister as per s. 43 of the Education Act.
11.10. The announcement of the decision shall serve to conclude the Appeal Hearing; and
11.11. The decision of the Board's Appeal Hearing Panel shall serve as a summary decision of the Board of Trustees.