SUSPENSION, EXCLUSION AND EXPULSION PROCEDURES DIOCESE OF WAGGA WAGGA Procedure Number 07/102 Procedure Name Suspension, Exclusion and Expulsion Procedures Applicability All schools, boarding facilities, staff, parents, students Contact Person Director of Schools Procedure Status Accepted Date of Approval 30 th May 2007 - DCSC Date Last Amended 2013 Related Policies/Documents Suspension, Exclusion & Expulsion Policy Pastoral Care Policy Safe Schools Policy Discipline Policy & Procedures Review Period 2018
Catholic Schools Office Diocese of Wagga Wagga SUSPENSION, EXPULSION AND EXCLUSION PROCEDURES 1. Preamble In accepting the enrolment of a student, the staff of a Catholic school take on the responsibility for the care and guidance of that student. This care and guidance is carried on in a school climate characterised by Gospel values. Such values emphasise the development of self-discipline based on justice, self-esteem and reconciliation. The dignity of the individual in a school remains of the utmost importance respecting the dignity and uniqueness of each student. 1. Given such an environment, the action of excluding or expelling a student occurs only on very rare occasions and only after considerable assistance has been provided to the student and the family in an effort to overcome difficulties which surround that student. 2. General Principles 2.1 Schools make every effort to ensure that education is a rewarding and relevant experience for all students; providing a comprehensive curriculum of quality and challenge for all and valuing effort, achievement and excellence in learning. 2. 2.2 It is the responsibility of the principal to ensure that students, parents and staff are fully aware of the school s/college s pastoral care policy and discipline code. 2.3 The principal seeks early and positive support from parents or caregivers in resolving discipline and behaviour problems. Suspension provides a period where all parties can seek a positive resolution to the issue. 2.4 It is essential that suspension is seen as a strategy within the pastoral care policy and discipline code of the school. These suspension strategies are to be used only in serious cases of misbehaviour or non-compliance and in accordance with these guidelines. The strategies must be well advertised to students and parents. Principals should use their available authority immediately if they believe that the safety of staff or students is at risk. 2.5 When considering these strategies the principal ensures that no student is discriminated against in terms of gender, race, religious or cultural background, socio-economic status, physical or intellectual disability (see Point 3) 1. CSO Vision and Mission. 1999
- 2-2.6 The motivation, work and safety of other students and staff are not be jeopardised. 2.7 The principal may refuse enrolment of a student on the grounds of previously unacceptable behaviour at another school, if there is evidence that the student has not learned the appropriate skill to manage this behaviour. 2.8 Each school maintains records of suspension, exclusions and expulsions. These records are made available to the Director of Schools upon request. 2.9 Only the principal or designated representative suspends a student. 2.10 Only the Director of Schools or designated representative expels a student. 2.11 Decisions to suspend or expel a student are underpinned by the principles of procedural fairness. These principles require that individuals have the right to respond (the hearing rule) and the right to an unbiased hearing (the bias rule). 2.12 Suspension, expulsion or exclusion are considered as responses to serious offences. A serious offence is defined as an activity or behaviour by a student which: seriously undermines the ethos of the Catholic school; or consistently and deliberately fails to comply with any lawful order of a principal or teacher; or is offensive or dangerous to the physical or emotional health of any staff member, visitor or any student; or consistently and deliberately interferes with the educational opportunities of other students. 3. Guidelines for Suspension Suspension means temporary withdrawal of a student s right to attendance at the school. It is a disciplinary measure, which may be invoked by the principal or designated representative, where a student s conduct and behaviour are deemed to be in conflict with the expectations and values of the school community. It is not to be confused with time away from school that has been mutually agreed as an intervention outcome. Students with disabilities may fall into this category. (See DDA or CSO Learning Support Services Handbook for definition of a student with disability) 3.1 In determining whether a student's misbehaviour is serious enough to warrant suspension (i.e. exclusion from attending school), the principal considers factors including the safety and welfare of the student, staff and other students in the class or school. The length of suspension, which varies depending on the nature of the student's behaviour, is at the discretion of the principal. 3.2 Suspension may be short (up to three days) or long (four to ten days). The principal informs the Director of Schools of all suspensions and confirms relevant details in writing within three school days of initiating the suspension.
- 3-3.3 Appropriate records are maintained and consultation undertaken with parents or caregivers in accordance with the school s pastoral care policy and discipline code. 3.4 In some circumstances, the principal determines that a student should be suspended immediately. This will usually be due to a concern for the safety of students or staff because of violence, threats of violence, or the presence of weapons or illegal drugs. 3.5 Principals provide in writing the circumstances for a suspension, provide ongoing learning activities and state the first available time for resolution. 3.6 Principals suspend immediately and consistently with these procedures, any student whose behaviour includes the following: 3.6.1 Possession of a suspected illegal drug Suspension is to occur immediately if the substance is being represented by the student as an illegal drug or on confirmation that the substance is, in fact, illegal (see Management of Drug Related Issues in Catholic Schools in the Diocese of Armidale policy). 3.6.2 Violence or threat of serious physical violence Any student intentionally causing injury or threatening serious physical violence against another student or teacher will be suspended immediately. 3.6.3 Possession of a prohibited weapon Any student possessing a prohibited weapon, or using or threatening to use any item or instrument as a weapon, will be suspended immediately. The matter must also be reported to the police. 3.7 Principals also suspend, consistent with these procedures, any student whose behaviour includes: 3.7.1 Persistent disobedience Students who, in their relationships with staff, are persistently disobedient, insolent or engage in verbal harassment and abuse, may be suspended. 3.7.2 Persistent disruption Students who persistently disrupt and prevent the learning and teaching of others may be suspended.
- 4-3.7.3 Breach of school rules Students who breach the school s/college s published rules and regulations may be suspended. 3.8 In circumstances other than those outlined in 3.4 and 3.5 above, suspension usually occurs after the principal has: ensured that all appropriate and available student welfare strategies and discipline options have been applied and documented ensured that all appropriate support personnel available, within the school system and externally, have been involved taken reasonable steps to ensure that discussion appropriate to the circumstances has occurred with the student and/or parent(s)/caregiver(s) regarding specific misbehaviour which the school considers unacceptable and which may lead to suspension, as close as possible to the time of the event provided to the student and/or parent(s)/caregiver(s) a formal written caution detailing these behaviours, as well as clear expectations of what is required in future. All action taken should be recorded in appropriate school files. 3.9 Students who attend school premises without the permission of the principal during periods of suspension, expulsion or exclusion can be asked to leave the premises by the principal or person then in charge of the site. If they refuse to leave, police are to be called. 4. Deciding On, Notifying and Resolving a Suspension 4.1 The principal informs the student of the grounds on which the suspension is being considered. The student is given the opportunity to respond, with the support of a person if needed. 4.2 The student's response is considered before a decision to suspend is made. 4.3 The decision to suspend is made by the principal or authorised delegate. 4.4 A student is not sent out of school before the end of the school day without notification being made to a parent/caregiver and, if necessary, agreement reached about arrangements for the collection of the student from school. 4.5 Notification of suspension is made to parents or caregivers in writing, within 24 hours after the event or series of events.
- 5-4.6 In all cases, the notification includes: Notice of the suspension and its length The reasons for the suspension The clear expectation that the student will continue with studies while suspended, and work is provided by the school The importance of parental/caregiver assistance in resolving the matter A reminder that parents/caregivers are responsible for the care and safety of the student while under suspension 4.7 Parents/caregivers are referred to the school's published discipline code. 4.8 The Service Leader (CSO) is advised of the decision to suspend a student by the principal. 4.9 At the earliest opportunity, the principal or authorised delegate, convenes a suspension resolution meeting with the student and the parents/caregivers to discuss the basis on which the suspension will be resolved. 4.10 If, despite the school's/college s requests, parents or caregivers are unable or unwilling to attend a suspension resolution meeting, the principal considers the individual merits of the case and refers the matter to the Service Leader (CSO). Alternative steps are taken to resolve the suspension and facilitate the student's return to school. 5. Guidelines for exclusion or expulsion Exclusion is the act of preventing a student s admission to a number of schools 5.7.1. BoS Expulsion is the permanent removal of a student from one particular school 5.7.1. BoS Exclusion or expulsion is an extreme disciplinary step reserved for cases of gross misconduct, serious breaches of school rules, or behaviour that is persistently disruptive. 5.1 Exclusion or expulsion is generally preceded by a history of previous suspension. 5.2 Exclusion or expulsion are sanctions applied only as a last resort, and after all other measures have failed. 5.3 Exclusion or expulsion are preceded by ongoing consultation with the parents or caregivers, concerned, appropriate staff and the Director of Schools. 5.4 Careful consideration is given to the overall good of the individual student and the welfare of the school community.
- 6-5.5 No student is to excluded and/or expelled from school except by the authority of the Director of Schools. Procedures for exclusion or expulsion A decision to exclude/expel a student from a Diocesan school is made by the Director of Schools on recommendation from the Service Leader (CSO) and the school principal. When recommending exclusion or expulsion the principal: 5.7 Places the student on suspension pending the outcome of the decision-making process. 5.8 Notifies the student and the parents/caregivers that exclusion or expulsion is being recommended, giving reasons for the possible action and allowing seven school days for the student, parents/caregivers to respond. 5.9 Provides the parents/caregivers with a copy of the documentation on which the recommendation to exclude/expel is based (taking into account the need to protect the anonymity and privacy of the complainants and/or witnesses). 5.10 Considers any response from the student and parents/caregivers before proceeding further. 5.11 Gives the student and parents/caregivers reasonable notice of an opportunity to attend a formal interview with the principal. 5.12 Provides the parents/caregivers with information on the implications of this action, their rights to an appeal, and the appropriate procedures for submitting an appeal. If, having completed the action outlined above, a principal decides to recommend exclusion or expulsion, the principal forwards a submission to the Director of Schools detailing the reasons, the action taken to moderate the student's behaviour (where appropriate), a copy of all required documentation and any response from the student and parents/caregivers. This is forwarded via the Service Leader (CSO) to the Director of Schools. While consideration is being given to exclusion/expulsion the student remains on suspension. A decision is made as soon as practicable following the submission reaching the Director of Schools. 7. Appeals Processes for exclusion or expulsion Students and parents who consider that correct procedures have not been followed, or that an unreasonable decision has been made, may appeal. Appeals are made in writing stating the grounds on which the appeal is being made. Appeals are made to the Director of Schools about a recommendation to exclude/expel a student.
- 7 - The Director of Schools: Deals with the appeal within four school weeks of its lodgement Ensures that communication lines are maintained with the person or persons making the appeal and that they are kept aware of the progress of the appeal Reviews all relevant material, particularly in light of Procedural Fairness (Appendix A) Ensures that appropriate material has been made available to the student and his or her parents/caregivers. Advises all parties in writing of the outcome of the appeal and the specific reasons for reaching the decision. Where an appeal for an exclusion/expulsion is upheld, the Director of Schools will decide what further action is to be taken. The fact that an appeal has been lodged does not put on hold the principals' decision to suspend with a recommendation to exclude/expel from the school or Diocesan system of schools.
Appendix A PROCEDURAL FAIRNESS Procedural fairness is a basic right of all individuals dealing with public authorities. All individuals have a legitimate expectation that Department of Education and Training officers will follow these principles when decisions are made affecting their rights, interests or legitimate expectations. This includes when dealing with suspensions and expulsions. Procedural fairness is generally recognised as having two essential elements: The right to be heard which includes: - the right to know why the action is happening - the right to know the why in which the issues will be determined - the right to know the allegations in the matter and any other information which will be taken into account - the right of the person against whom the allegations have been made to respond to the allegations. The right of a person to an impartial decision which includes: - the right to impartiality in the investigations and decision making phases - the right to an absence of bias by the decision maker. Though the right of appeal is not necessarily an essential element of procedure fairness, it is considered appropriate to incorporate such rights in respect of suspension and expulsion from government schools. As part of ensuring the right to be heard, principals should establish if parents require an interpreter and if so, make arrangements for one to be available. Principals should also ensure that students and parents have access to policies and procedures under which action is being taken. While it is generally preferable for the functions of investigating and decision making to be carried out by different people, in the school setting this may not always be possible. If the principal is conducting both the investigative and decision making stages, he or she must be reasonable and objective. Ultimately, the principal must act justly and be seen to act justly. While it is difficult to combine the roles of investigator and adjudicator, it is acceptable to do so given the nature of the principal s responsibilities. Nevertheless, it is preferable to have another appropriate officer, such as a deputy or assistant principal, carry out the investigating, if possible. The availability of a line of appeal to a more senior officer adds to the fairness of the process and offers a check in case there is a perception of conflict of interest. It is the principal s responsibility to suspend or expel a student from the particular school or to expel the student from the school and recommend that the Minister determine that the student not be re-admitted to all or any government schools. This responsibility is not to be delegated to any officer other than one acting in the principal s position. To ensure the elements of procedures fairness are met, it is appropriate to provide students and their parents with details of all allegations relating to the incident. This may involve providing copies of any relevant statements. Should principals be of the view that it is not appropriate to provide copies of statements, for example, because of a fear that witnesses may be intimidated, or for any other valid reason, full details of the allegation(s) outline in the statements should be provided. In matters where a long suspension or expulsion is contemplated, the gravity of the circumstances requires particular emphasis being given to procedural fairness. This includes the availability of a support person/observer at formal interviews. The key features of formal disciplinary meetings should be taken down in writing.
Letter 1 Short Suspension Name Address Dear This is to inform you that I have today suspended your (daughter, son etc), (student's name) from (school name), consistent with the procedures of the Catholic Schools Office for suspension and this school's discipline code. Suspension allows students time to reflect on their behaviour, to acknowledge and accept responsibility for the behaviours, which led to the suspension, and to accept responsibility for changing their behaviour to meet the school's expectations in the future. It also allows us time to plan appropriate support for (student's name) to assist with a successful return. (Student's name) has been suspended for. (Specific reason/s and details of the incident/s). (Student s name) has been suspended for (number of) school days, from (date) to (date) inclusive. As a result of (student's name) suspension, both you and I are required to do certain things. I will: seek your assistance and work with you in an attempt to resolve the matter hold a resolution meeting with you at the earliest possible time to discuss how the matter might be resolved Provide work for (student s name) arrange an interpreter for you if necessary provide you with a copy of the school discipline code and the Catholic Schools Office suspension and exclusion procedures (attached). You are expected to: assist me in resolving the matter contact the school as soon as possible to arrange a time to discuss how the matter might be resolved let me know if you require an interpreter arrange a support person to accompany you to the meeting if you wish be responsible for the supervision, care and safety of (student's name) while on suspension ensure that (student's name) is aware that s/he is not to enter onto school grounds without my permission, except to attend the resolution meeting. The school expects that (student's name) will continue with his/her studies while suspended. If you consider that correct procedures have not been followed in this case or that an unfair decision has been made, you may appeal. You may wish to contact the Catholic Schools Office 02 6937 0000 to discuss the appeal procedures. Yours sincerely Principal
Letter 2 Long Suspension Name Address Dear This is to inform you that I have today suspended your (daughter, son etc), (student's name) from (school name), consistent with the procedures of the Catholic Schools Office for suspension and this school's discipline code. Suspension allows students time to reflect on their behaviour, to acknowledge and accept responsibility for the behaviours which led to the suspension and to accept responsibility for changing their behaviour to meet the school's expectations in the future. It also allows us time to plan appropriate support for (student's name) to assist with a successful return. (Student's name) has been suspended for (Specific reason/s and details of the incident/s). (Student s name) has been suspended for (number of) school days, from (date) to (date) inclusive. As a result of (student's name) suspension, both you and I are required to do certain things. I will: seek your assistance and work with you in an attempt to resolve the matter hold a resolution meeting with you at the earliest possible time to discuss how the matter might be resolved provide a study program arrange an interpreter for you if necessary provide you with a copy of the school discipline code and the Department's suspension and expulsion procedures (attached). You are expected to: assist me in resolving the matter contact my office as soon as possible to arrange a time to discuss how the matter might be resolved let me know if you require an interpreter arrange a support person to accompany you to the meeting if you wish be responsible for the supervision, care and safety of (student's name) while on suspension ensure that (student's name) is aware that s/he is not to enter onto school grounds without my permission, except to attend the resolution meeting. If we are able to resolve this matter satisfactorily, this period of suspension may be reduced. The school expects that (student s name) will continue with his/her studies while suspended. If you consider that correct procedures have not been followed in this case or that an unfair decision has been made, you may appeal in accordance with the procedures. You may wish to contact the Catholic Schools Office on 02 6937 0000 to discuss the appeal procedures. Yours sincerely Principal
Letter 3 Formal Warning of Unsatisfactory Participation in Learning by a Student of Post- Compulsory Age Dear This is to inform you of my concern that your (daughter/son/etc), (student's name) is (not meeting requirements, non-serious etc) at this time. Should this continue, steps may be taken in recommending to exclude (student's name) from this school according to the procedures of the Catholic Schools Office for suspension and exclusion from a particular school. The reasons for this are (specific reason/s and details). Please contact the school as soon as possible on phone (school phone number) to discuss (student's name) unsatisfactory progress and to assist in the development and implementation of a program of improvement for (student's name). I attach for your information a copy of the Catholic Schools Office procedures document on suspension and exclusion. I seek your assistance in resolving this matter. Yours sincerely Principal
Letter 4 Exclusion from a Particular School for Misbehaviour Initial Advice Name Address Dear This is to inform you that I am recommending to the Director of Schools to exclude your (son/daughter etc), (student's name) from this school, and I have today placed (student s name) on a long suspension from (school name), pending the decision making process. This action has been taken, consistent with the procedures of the Catholic Schools Office for suspension and exclusion from a particular school and this school's discipline code. The form of exclusion I am recommending would mean that (student's name) would be excluded from this school only, and may enrol in another Catholic Systemic School. I have decided to recommend exclusion from this school after consideration of the following facts: (specific details). Copies of all documents on which my action has been based are attached. (Student's name) will not be able to return to school pending the final decision making process. You have seven school days to respond to this advice prior to the final decision being made. Please contact my school as soon as possible on phone (school phone number) to arrange a meeting to discuss this matter. At this meeting 1 will explain the implications of the recommendation and your appeal rights. You are responsible for the supervision, care and safety of (student's name) while he/she is on suspension. (Student's name) is not to enter the school grounds during the period of suspension without my permission. The school expects that (Student's name) will continue with his/her studies while suspended. A study program will be provided. I attach for your information a copy of the school discipline code (or school rules) and the Catholic Schools Office procedures document on suspension and exclusion. These procedures include a section on exclusion and a section on appeals. Yours sincerely Principal
Letter 5 - Exclusion from a Particular School for Unsatisfactory Participation of a Post Compulsory Student -Initial Advice Name Address Dear This is to inform you that I am recommending exclusion for your (daughter/son etc), (student's name) from this school. This action has been taken, consistent with the procedures of the Catholic Schools Office for suspension and exclusion from a particular school and this school's discipline code. The form of exclusion I am recommending would mean that (student's name) would be excluded from this school only. I have decided to recommending excluding (student's name) from this school after consideration of the following facts: (Specific details of unsatisfactory participation) Copies of all documents on which my action has been based are attached. You have seven school days to respond to this advice prior to the final decision being taken. Please contact my office as soon as possible on phone (school phone number) to arrange a meeting to discuss this matter. At this meeting I will explain the implications of exclusion and your appeal rights. I attach for your information a copy of the school discipline code (or school rules) and the Catholic Schools Office procedures document on suspension and expulsion. These procedures include a section on exclusion and a section on appeals. Yours sincerely Principal
Letter 6 Exclusion from a Particular School for Misbehaviour - Decision Name Address Dear This is to inform you that today I have decided to recommend to exclude your (daughter/son etc), (student's name) from this school. This decision has been taken, consistent with the procedures of the Catholic Schools Office for suspension and exclusion from a particular school and this school's discipline code. (Student's name) is recommended to be excluded from this school only and during the next ten days, I will work in consultation with you and the Catholic Schools Office staff to arrange an appropriate alternative educational setting for (student's name). The decision recommending to exclude (student's name) from this school has been made after consideration of the information provided in my letter of (date of advice letter), the documentation provided to you and your response to me. (Student s name) will not be able to return to this school. I have previously provided a copy of the school discipline code (or school rules) and the Catholic Schools Office procedures document on suspension and exclusion. I again draw your attention to the section of the procedures on exclusion. If you consider that correct procedures have not been followed in this case or an unfair decision has been made, you may appeal in accordance with the procedures. You may wish to contact the Catholic Schools Office on 02 6937 0000 to discuss the appeal procedures. Yours sincerely Principal
Letter 7 Exclusion from a Particular School for Unsatisfactory Participation - Decision Name Address Dear This is to inform you that today I have decided recommending to exclude your (daughter/son etc), (student's name) from this school. This decision has been taken, consistent with the procedures of the Catholic Schools Office for suspension and exclusion from a particular school and this school's discipline code. (Student's name) will be excluded from this school only. Should you wish to enrol (student's name) in another school, it is the responsibility of you and your (daughter/son etc), (student's name) to arrange that enrolment. The decision to recommend excluding (student's name) from this school has been made after consideration of the information provided in my letter of (date of letter advice), the documentation provided to you and your response to me. I have previously provide a copy of the school discipline code (or school rules) and the Catholic Schools Office procedures document on suspension and exclusion. I again draw your attention to the section of the procedures on exclusion, and on appeals. If you consider that correct procedures have not been followed in this case or an unfair decision has been made, you may appeal in accordance with the procedures. You may wish to contact the Catholic Schools Office on 02 60 37 0000 to discuss the appeal procedures. Yours sincerely Principal