Procedure 2.1.15 SAFE SCHOOL - PROGRESSIVE DISCIPLINE – Policy Manual

Approved: February 19, 2002

Revised: December 15, 2020

1.0 Duty to Investigate Misconduct

An employee of the Board who becomes aware that a pupil of a school of the board may have engaged in bullying/cyber-bullying shall report to the principal of the school about the matter, using the Safe Schools Incident Reporting Form – Part 1 (Appendix A).

A principal or designate shall investigate any matter reported regarding bullying/cyber-bullying. The principal is to communicate the result of an investigation to the staff member who reported the incident or, if reported by another employee, to that employee unless it would not be appropriate to do so. This is done through the use of the Safe Schools Incident Reporting Form – Part 2 (Appendix B). The principal is to notify the parent or guardian of any pupil who the principal believes has been harmed as a result of a specified activity.

The teacher, principal or designate should select the most appropriate response to address the pupil’s behaviour. Where a pupil has special education and/or disability related needs, the interventions, supports and consequences must be consistent with the expectations for the pupil, including those in the pupil’s Individual Education Plan or Behaviour Management Plan.

Progressive discipline includes the use of early and ongoing intervention strategies and strategies to address inappropriate behaviour. Pupils’ parent(s)/guardian(s) should be actively engaged in the progressive discipline approach.

2.0 Early and Ongoing Intervention Strategies

A teacher or the principal or designate, as appropriate, may utilize early and/or ongoing intervention strategies to prevent unsafe or inappropriate behaviours. These may include:

Contact with pupil’s parent(s)/guardian(s);
Oral reminders;
Review of expectations;
Written work assignment addressing the behaviour, that have a learning component;
Volunteer services to the school community;
Conflict mediation and resolution;
Peer mentoring;
Referral to counselling and/or Consultation.

In all cases where ongoing intervention strategies are used, the pupil’s parents/guardians should be consulted.

3.0 Addressing Inappropriate Behaviour

If a pupil has displayed inappropriate behaviour the principal or designate may utilize a range of interventions, supports, and consequences that are (1) developmentally appropriate, and (2) include opportunities for pupils to focus on improving their behaviour.

Inappropriate behaviour includes any behaviour that disrupts the positive school climate and/or has a negative impact on the school community.

Inappropriate behaviour may also include, but is not limited to, one of the following infractions for which a suspension may be imposed:

Any act considered by the principal to be injurious to the moral tone of the school;
Any act considered by the principal to be injurious to the physical or mental well-being of any member of the school community; and
Any act considered by the principal to be contrary to the Board or school Code of Conduct.

If a pupil has committed an infraction listed above and it is the first time that the pupil has committed that infraction, the principal or designate may choose to use a progressive discipline strategy to address the infraction.

3.1 Mitigating Factors

The mitigating factors to be considered by the principal before deciding whether to use a progressive discipline approach to address the inappropriate behaviour are:

Whether the pupil has the ability to control his or her behaviour;
Whether the pupil has the ability to understand the foreseeable consequences of his or her behaviour; and
Whether the pupil’s continuing presence in the school does or does not create an unacceptable risk to the safety of any other individual at the school.

3.2 Factors to Consider Before Deciding to Utilize a Progressive Discipline Approach to Address Inappropriate Behaviour

In all cases where progressive discipline is being considered to address an inappropriate behaviour, the principal or designate must:

Consider the particular pupil and circumstances, including considering the mitigating or other factors;
Consider the nature and severity of the behaviour;
Consider the impact of the inappropriate behaviour on the school climate; and
Consult with the pupil’s parent(s)/guardian (unless the pupil is an adult pupil).

3.3 Other Factors to be Considered

The pupil’s academic, discipline and personal history;
Whether other progressive discipline has been attempted with the pupil, and if so, the progressive discipline approach(es) that has/have been attempted and any success or failure;
Whether the infraction for which the pupil might be disciplined was related to any harassment of the pupil because of race, ethnic origin, religion, creed, disability, gender or gender identity, sexual orientation or harassment for any other reason;
The impact of the discipline on the pupil’s prospects for further education;
The pupil’s age;
Where the pupil has an IEP or disability related needs,
1. Whether the behaviour causing the incident was a manifestation of the pupil’s disability;
2. Whether appropriate individualized accommodation has been provided; and
3. Whether a suspension is likely to result in aggravating or worsening the pupil’s behaviour or conduct or whether a suspension is likely to result in a greater likelihood of further inappropriate conduct; and
Whether or not the pupil’s continuing presence at the school creates an unacceptable risk to the safety of anyone in the school.

If the pupil’s continuing presence in the school creates an unacceptable risk to the safety of others in the school, then a progressive discipline approach may not be appropriate.

4.0 If a Progressive Discipline Approach is Utilized to Address Inappropriate Behaviour

A member of a Council may be re-elected or reappointed or acclaimed.

School Councils may want to develop by-laws to address the maintenance of experienced members on their School Council.

3.10 Vacancies

A vacancy in the membership of a School Council does not prevent the Council from exercising its authority.

A vacancy in the membership shall be filled by election or appointment in accordance with the by-laws of the Council.

If an election is required to fill a vacancy, existing eligibility requirements and election procedures, with the necessary modifications, will govern the filling of the vacancy.

The Chair of the School Council will forward an updated listing to the Director of Education or to their designate.

3.11 Voting

Each Council member is entitled to one vote when a vote is taken by the Council.

Each member of a committee of a Council is entitled to one vote when a vote is taken by the committee.

The principal of the school is not entitled to vote when a vote is taken by the Council or by a committee of the Council.

4.0 Board-Wide Election Procedures

The interventions may include:

Meeting with the pupil’s parent(s)/guardian(s), pupil and principal;
Referral to a community agency for anger management or substance abuse, counselling/intervention;
Detentions;
Withdrawal of privileges;
Withdrawal from class;
Restitution for damages;
Restorative practices; and

In some cases, short-term suspension may also be considered a useful progressive discipline approach.

5.0 Record

The principal or designate should keep a record for each pupil with whom progressive discipline approach(es) are utilized. The record should include:

Name of the pupil;
Date of the incident or behaviour;
Nature of the incident or behaviour;
Considerations taken into account;
Progressive discipline approach used;
Outcome; and
Contact with the pupil’s parent/guardian (unless the pupil is an adult pupil).

6.0 Duty to Notify

the principal shall, as soon as reasonably possible, notify:

the parent or guardian of the pupil who the principal believes has been harmed; and
the parent or guardian of any pupil of the school who the principal believes has engaged in the activity that resulted in the harm.

Notice to the parent or guardian of the harmed student, the principal shall disclose:

the nature of the activity that resulted in harm to the pupil;
the nature of the harm to the pupil;
the steps taken to protect the pupil’s safety, including the nature of any disciplinary measures taken in response to the activity and the supports that will be provided for the pupil in response to the harm that resulted from the activity.
when notifying a parent or guardian of a pupil, the principal shall not disclose the name of or any other identifying or personal information about a pupil who has been harmed as a result of the activity.

Notice to the parent or guardian of the student that caused the harm, the principal shall disclose:

the nature of the activity that resulted in harm to the other pupil;
the nature of the harm to the other pupil;
the nature of any disciplinary measures taken in response to the activity; and
the supports that will be provided for the pupil in response to his or her engagement in the activity.

When notifying a parent or guardian under this section, the principal shall invite the parent or guardian to have a discussion with the principal about the supports that will be provided for his or her child.

Appendices

References