School Expulsions

School Expulsions – Appeal Steps

Form C: Application to Appeal School Board Expulsion Decision

Child and Family Services Review Board
2 Bloor Street West, 24th Floor
Toronto, Ontario, M4W 3V5

The Timeline

Your application should be sent to the address above within 30 days of getting the expulsion decision. Applications sent after 30 days will be allowed only if there are reasonable groundsReasonable Grounds: a basis or set of reasons that is fair and logical. A test used by the Board to make a decision for the extension.

Application Help

If you need an application form sent by mail or fax, or if you need help filling out the application, please contact the Child and Family Services Review Board (CSFRB) as follows:

Child and Family Services Review Board
2 Bloor Street West, 24th Floor
Toronto, Ontario, M4W 3V5

Toronto Line: 416-327-4673
Toll Free: 1-888-728-8823
TTY: 416-327-9247
Fax: 416-327-4379

Your contact with the appeal board will be the case coordinatorCase Coordinator: person at the Tribunal with whom you talk about any of the issues/questions related to your case assigned to the case, not a board member. The only times you will meet and talk to board members are at a pre-hearing conference, a settlement facilitation conference or a hearing. These meetings are explained below./p>

Understanding how appeal board staff can support your application will help you get through the steps of your appeal and increase your chance of success. It is important for you to understand what staff can and cannot do to help you with your application.

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What Appeal Board Staff Can Do to Help

  • They can give you copies of application forms. You will organize your own application and documents.
  • They can answer questions about how the board works and deals with your appeal.
  • They will check your application and tell you if the board needs more information.
  • They can give you basic information about pre-hearingsPre-hearing: a preliminary meeting to decide on the merit of a hearing, settlement facilitation conferencesSettlement Facilitation Conference: meeting aimed at reaching an agreement before a hearing, motionsMotion(s): an application made to the Tribunal for an order or ruling and hearingsHearing(s): explain how hearings proceed.
  • They can tell you how your appeal is being managed at every step of the process.

What Appeal Board Staff Cannot Do to Help

It is important for you to understand what staff can and cannot do to help you with your application.

  • They cannot give you legal advice about your case.
  • They cannot recommend the name of any lawyer to represent you.
  • They cannot tell you what words to use in your application and documents.
  • They cannot tell you what to say at a pre-hearing, settlement facilitation conference or hearing or how to make legal argumentsArguments: an organized presentation of facts and information that makes a particular point to the board.
  • They cannot tell you if you have a good case or what the decision of the board could be.

First Steps

  • The appeal board will assign a file number to your application and give you this number.
  • You must include the file number on any official documentsOfficial Documents: papers, records, pictures or anything else shown to be true and accurate that you send to the appeal board or to the other partyParty(ies): people at the hearing who can make arguments and who do have a big stake in the outcome (see glossary).
  • The appeal board will tell the school board about your appeal application.
  • The appeal board will get the principal’s reportPrincipal’s Report: an official document in which the principal explains the steps leadinng up to and reasons for a student’s expulsion recommending the expulsion.
  • The appeal board will be in touch with you in writing or by phone.
  • The appeal board will make sure you are aware of each step in the process.

Pre-hearing Conference

  • The appeal board will set up a pre-hearing conference with you and the school board within six days of getting your application. The partiesParty(ies): people at the hearing who can make arguments and who do have a big stake in the outcome (see glossary) will be contacted to ask when they can meet.
  • You, someone from the appeal board, and the other partiesParty(ies): people at the hearing who can make arguments and who do have a big stake in the outcome (see glossary) will talk on the phone
  • You can prepare for the pre-hearing conference by making notes ahead of time. List each issue and explain each point that helps prove your side of the story
  • The pre-hearing conference might:
    1. Lead to an agreement on what issues will be decided at the hearing.
    2. Set out facts or evidenceEvidence: useful information, documents or anything else presented by the parties to the panel, including the information provided during a hearing by a witness who has promised to tell the truth, that may help prove your side of the story. that both sides agree on.
    3. Help to estimate how long the hearing is likely to take.
    4. Finalize the list of witnessesWitness(es): those who will speak at the hearing for either side to be called at the hearing.
    5. Look at any other matter that may help the appeal board deal with the issues fairly and quickly.
  • After the pre-hearing conference you will get a report on what was discussed and, within 30 days, you’ll be given a hearing date.

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Settlement Facilitation Conference

  • Sometimes, the appeal board will set up a settlement facilitation conference. This is the same as a mediation meeting. If everyone agrees to take part in settlement facilitation, an appeal board member will act as a facilitator or mediator to help you reach an agreement with the other parties.
  • You do not have to try mediation, but if you do try it and it does not work, nothing that was said during the mediation can be used as evidenceEvidence: useful information, documents or anything else presented by the parties to the panel, including the information provided during a hearing by a witness who has promised to tell the truth, that may help prove your side of the story. at the hearing.
  • If mediation works for all issues, you will not need a hearing.

Hearing

  • The appeal board will set a date for the hearing. They will try to find a date and location that works for you.
  • Once the date has been decided, you will receive a Notice of Hearing.
  • Be sure to attend the hearing. If you know you won’t be able to make it, you can ask for a different time. It’s important to attend – if you just don’t show up and don’t give a good reason for it, your file may be closed.

Interpreters

If you, or any of your witnesses, need an interpreter you should tell the appeal board as soon as possible. They will get and pay for the interpreter.

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