Suspensions
Getting back on track: dealing with suspensions
Suspensions
Getting back on track: dealing with suspensions
What leads to a suspension?
A suspension means students are removed from school for a specific amount of time.
Students involved in an incident contrary to the school board’s Code of Conduct can be suspended if the incident took place:
At school
At a school related activity
Off school property, and will have a negative impact on the school climate (i.e. harassing another student on social media)
A principal may consider suspending a student if they:
Threaten to hurt another student
Swear at a teacher or principal, or any other individual in a position of authority
Engage in any prohibited activity listed under Ontario’s Education Act or the school board’s code of conduct
A principal must suspend a student and consider expelling them if they:
Have a weapon
Use a weapon to threaten or hurt somebody else
Physically hurt another person where the person requires medical attention
Engage in any prohibited activity listed under Ontario’s Education Act or the school board’s Code of Conduct
Mitigating Circumstances
Principals do not always have to suspend.
They must take into account whether the student:
Was unable to control their behaviour;
Was unable to see the forseeable consequences of their behaviour (what was likely to happen); or,
Being at school does not create an unacceptable risk to the safety of any other person at school.
They should also consider:
History at the school (including whether the student has had other problems with teachers or other students); or,
Whether they have been identified as an exceptional student or have a disability.
What can parents do?
Within 10 days of suspension, write to the supervisory officer to appeal. If you have received a “suspension pending an expulsion” notice, you cannot appeal the suspension until after the principal has decided whether or not to recommend an expulsion.
Criminal Acts
If the suspension involves a criminal act, the principal may also have to notify the police. Keep in mind:
Whatever a student says about the incident may be passed on to the police
They do not need to answer any questions the police may ask; and,
They have the legal right to have a parent or other adult present when being questioned
What Next
During a 1 – 5 school day suspension:
Not Required:
- Planning meeting with the school
- Student Action Plan: Academic
- Student Action Plan: Support
- Re-Entry meeting
During a 6 – 10 school day suspension:
Required:
- Planning meeting with the school
- Student Action Plan: Academic
- Re-Entry meeting
Not Required:
- Student Action Plan: Support
During a 10 – 20 school day suspension:
Required:
- Planning meeting with the school
- Student Action Plan: Academic
- Student Action Plan: Support
- Re-Entry meeting
Fast Facts
Suspensions last anywhere from 1 to 20 school days
Principals must take mitigating factors into account
Suspensions must be communicated as soon as possible with verbal and written notice
You can appeal suspensions you think are unfair
Resources and Contacts
School Advocacy Hamilton
schooladvocacy.ca
Information/tip sheets for parents
peopleforeducation.ca
People for Education’s Parent Support Line
1 (888) 534-0100
Human Rights Tribunal of Ontario
https://tribunalsontario.ca/hrto/
(416) 326-1312 or 1 (800) 598-0322
Pro Bono Law Ontario
probonoontario.org/education/
1 (855) 255-7256
Justice for Children and Youth
jfcy.org
Empowerment Squared
empowermentsquared.org/hamilton-education-law-program/
(905) 393-5370
Black Legal Action Centre
blacklegalactioncentre.ca/
1 (877) 736-9406
ADVOCACY
Be informed
Read more about the rules for suspensions; ask more questions
You are the only advocate
You are your child’s biggest advocate, and legally, likely, the only person who can make decisions on their behalf
You are part of a team
Parents should not feel pressured by school staff to make a decision
The Hamilton Education Law Program was funded by the Law Foundation of Ontario. This webpage gives general information about education in the Ontario public school system. Please speak to a lawyer or legal worker about specific questions. All information presented here is current as of October 2020.