13.1: Schedule 13.1 Board Appeal Hearing Process
Policy
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 section 42(7) of the Education Act, 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; notably,
2.1. The request may be made by email to the Board to: board@psd.ca; and
2.2. The request to the Board shall be made within seven (7) school days of the date the decision was communicated by the Superintendent or designate, as per section 6 of Board Policy 13.
3. As per section 9 of Board Policy 13, the Board Chair shall determine if there is sufficient merit to convene an Appeal Hearing Panel [herein referred to as the 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. Responding to a requirement for 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. The matters related to the timely conveyance of the Appeal Hearing shall be communicated to the appellant and Superintendent; and
4.2. 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, in writing, any justification for the dismissal of the appeal.
5.1. A review by the Minister may be requested as per section 43 of the Education Act.
Pre-Hearing
6. The Appeal Hearing, as a fair, open and transparent process, shall ensure a reasonable and appropriate amount of time exists for all parties (the Panel, the appellant, and the Superintendent) to review supporting documents in advance of the Appeal Hearing; notably:
6.1. Prior to the Appeal Hearing, the parties may request any relevant information that is available, and related to the appeal request, and that may be freely and justly provided;
6.2. Prior to the Appeal Hearing, the parties shall provide the Board Chair with all necessary information and documents, such as policies, procedures, and evidence related to the appeal request. This information will be shared with the parties. And
6.3. In consideration of the scope of material presented, the Panel Chair shall determine, and declare, the appropriate amount of time that shall be required by the Panel to review the evidentiary materials presented.
7. In consideration of s. 6, the Appeal Hearing Chair (Board Chair or Vice Chair) shall outline the date, agenda and purpose of the Appeal Hearing; notably:
7.1. That the scheduled time for the Appeal Hearing shall be determined in consideration of all parties’ schedules, where possible;
7.2. That the parties shall have an opportunity to provide representation to the Panel in support of their respective position;
7.3. That information provided to the Panel may include expert medical, psychological and/or educational data, and may be presented by witnesses;
7.3.1. Information provided may include both written and/or verbal communication;
7.4. That the Appeal Hearing shall provide a reasonable opportunity for the Panel to receive and review information from all parties;
7.5. That the time, available to both parties to present their case, is clearly understood; and
7.6. That minutes of the Appeal Hearing shall be recorded for the purpose of the Board’s records.
Appeal Hearing Schedule of Events:
8. The Appeal Hearing [hereinafter referred to as the Hearing] shall be comprised of the members of the Panel:
8.1. For clarity, a Hearing may only proceed with quorum, as established by section 10(1.2.) of Board Policy 13.
9. The Appeal Hearing Chair [hereinafter referred to as the Chair] shall convene the Hearing.
10. The Chair shall welcome all parties and provide for introductions.
11. The Chair shall provide a reference number for the appeal.
12. The Chair shall confirm that the members of the Panel were provided with proper notice of the Hearing, in accordance with Board Policy 13.
13. The Chair shall clarify the schedule and/or order of events for the Hearing and that Appeal Hearings specifically are held, by motion, to be in-camera;
13.1. The Chair shall call for a motion to move in-camera.
14. The Chair shall call the Hearing to order, noting the time.
15. The Chair shall identify that the Hearing is held as per the Education Act, Board Policy 13, and Board Policy Schedule 13.1.
16. The Chair shall identify representation of legal counsel or other attendees acting as resources for the Panel, if in attendance.
17. The Chair shall provide a step-by-step overview of the process for the Hearing (as outlined in this schedule).
18. As invited by the Chair, the presentation by the appellant shall happen first, and shall not exceed thirty (30) minutes;
19. The presentation by the Superintendent, or designate, shall follow, and shall not exceed thirty (30) minutes;
20. Questions for clarity shall follow, as procedurally directed by the Chair; notably
20.1 Both parties shall be provided an opportunity to ask questions through the Chair;
20.1.1. The appellant shall be provided with the first opportunity for questions, or to seek clarification on matters presented;
20.1.2. The Panel shall then be provided with an opportunity for questions or to seek clarification on matters presented;
20.1.3. In determining the scope of the questions asked, the Chair may set a time limit for responding to questions, with a maximum time for response limited to five (5) minutes per individual question;
20.1.4. Both parties shall ask questions and seek clarification, prior to receiving a response, to ensure that cross-examination does not occur; and
20.1.5. The order of responses to questions shall follow, with the Panel responding first, and the Appellant responding second.
21. The appellant, or their resource person(s), shall be afforded two (2) additional minutes for summary comments; and
22. The Superintendent, or designate, shall be afforded two (2) additional minutes for summary comments;
23. Following the presentation of the information, all persons other than Panel members, legal counsel and/or resource person(s) to the Panel shall be asked to leave the room, and the Panel shall deliberate in private;
24. The Panel may invite legal counsel and/or resource person(s) to assist them on points of law or procedure;
24.1. If the Panel requires further information or clarification, the parties shall be reconvened and the request shall be made in the presence of both parties, and the Panel shall then ask all parties to vacate the room so that the Panel may continue to deliberate in private;
24.2. If the information required is not readily available, the Chair may request a recess, or, if necessary, an adjournment of the Hearing to a later date.
25. The Panel shall, by simple majority, determine the Panel’s decision on the matter presented; notably:
25.1. The decision shall be either to uphold the Superintendent’s decision, or overturn the Superintendent’s decision.
26. The Board shall confirm the Panel’s decision, in writing, to all parties.
26.1. Included in the communication to the appellant shall be information that the appellant has a right to request a review of the decision by the Minister as per section 43 of the Education Act.
27. The announcement of the decision shall serve to conclude the Hearing; and
28. The decision of the Appeal Hearing Panel shall serve as a decision of the Board of Trustees.