St. Nathy's School Policies - Effective: September 2010

SUSPENSION & EXPULSION POLICY

The following policy must be read in conjunction with the school’s Code of Behaviour.

2. Expulsion:

2.1 Expulsion will be considered only in the gravest of circumstances and only after every reasonable effort at rehabilitation has failed and every other sanction has been exhausted, except as outlined in subsection 2.2 below.

2.2 When an act of gross misconduct occurs, expulsion may be necessary to protect the safety and rights of others in the school without recourse to the provisions outlined at 2.1 above. The principles of natural justice and fair procedure must continue to apply.

2.3 The procedure outlined hereunder should be followed prior to a student being expelled from school:

a) Where expulsion may be the outcome of a breach of the Code of Behaviour of the school, the Principal, Deputy Principal and/or other appropriate person may conduct an investigation into any reported misbehaviour or breach of school rules.

b) A student/students may be suspended pro tempore pending a full hearing of the case, provided this does not interfere with the said students’ statutory rights or with the principles of natural justice


c) During the course of any investigation, all relevant persons shall be interviewed and notes shall be taken of any such interviews.

d) The Principal shall write to the parents of the student concerned (or to the student if s/he has reached the age of 18 years) informing them of the allegations and inviting them to the school, or other suitable location, for discussion.

e) The Principal may, at his/her discretion, call an emergency meeting of the Board of Management and recommend that the student be suspended pending a full hearing if this is considered to be in the best interests of the student and/or of others in the school.

f) The Principal may make a decision to recommend expulsion and s/he shall then notify, in writing, the parents of the student concerned (or the student if s/he has reached the age of 18 years) and the Educational Welfare Officer, where appropriate, of the decision and that this decision is subject to the approval of the Board of Management. Copies of notes taken and statements made in the course of the investigation should be forwarded to the parents and/or the Educational Welfare Officer. Where there may be a breach of confidentiality, a summary of notes taken and statements made shall be forwarded instead.

g) The Principal shall notify the parents of the student concerned (or the student if s/he has reached the age of 18 years) and the Educational Welfare Officer, where appropriate, of their right to be heard before the Board of Management.

h) A meeting of the Board of Management shall, normally, be convened within 10 working days of the notification as outlined at 2.3 above.

2.4 The procedure outlined hereunder should be followed in the course of a Board of Management hearing at which it is proposed to expel a student from the school:

a) The Principal shall present the case on behalf of the school and shall propose expulsion.

b) The parents of the student concerned (or the student if s/he has reached the age of 18 years), or their appropriate representative and/or the Educational Welfare Officer, where appropriate, shall be afforded the opportunity to respond.

c) Members of the Board of Management shall have the right to question the principal and/or the parents of the student concerned (or the student if s/he has reached the age of 18 years) or the Educational Welfare Officer as appropriate.

d) Each side shall be afforded the opportunity to cross-examine each other through the Chair.

e) Each side shall be afforded the opportunity to sum up, by way of final comment.

f) The Principal, the parents of a student/s under the age of 18 years, the student, if he/she has reached the age of 18 years, the Educational Welfare Officer and their appropriate representatives shall withdraw to enable the Board to make a decision, but shall remain available for clarification purposes if required.
g) In the absence of the Principal, the members of Board shall elect a recording secretary from among their members.
h) The Board may make the following decisions:

i. That the student/s be expelled.
ii. To suspend for a period to be decided by the Board.
iii. To refer the matter back to the Principal for further investigation.
iv. To reinstate the student in the school.

2.5 The Board shall not decide to recommend the expulsion of a student without first having considered the following:
a) The age of the student.
b) The student’s previous record at the school.
c) Any particular aspect of the social, cultural and/or environmental contact of the student, which should be taken into account.
d) The extent to which parental, peer or other pressure may have contributed to the behaviour.
e) The seriousness and/or frequency of the behaviour and the likelihood of it recurring.
f) Whether or not the behaviour impaired or will impair the normal functioning of other students in the school.
g) Whether or not the behaviour occurred on school premises or when the student was otherwise in the charge of school staff or when the student was identifiable with the school.
h) The degree to which the behaviour was a violation of one or more rules contained in the school’s Code of Behaviour and the relative importance of these rule(s).
i) Whether the incident was perpetrated by the student on his/her own or as a part of a group.
j) Whether consideration has been given to seeking the support of other agencies.
k) The consequences of the student’s behaviour / actions on the wider school community.

2.6 The procedure outlined hereunder should be followed at the conclusion of a hearing before the Board of Management at which it is decided to recommend that the student/s be expelled or suspended:

a) Where the Board decides to recommend expulsion or suspension, parents of students who have not yet reached the age of 18 years (and students who have reached the age of 18 years) and the Educational Welfare Officer, where appropriate, shall be informed in writing by the Principal of the decision of the Board of Management (in his / her capacity as Secretary to that Board) and of their right to appeal this decision to the Trustee and to the Department of Education and Science, under the terms of the Education Act 1998 Section 29. The appeal to the Department of Education and Science shall follow the procedures as laid down in Circular Letter M48/0l. This appeal must be made within 14 calendar days of the decision being handed down and addressed to the Secretary General of the Department of Education and Science.

b) When the Board of Management is of the opinion that a student who is of compulsory school going age (or where a student has not completed 3 years of second level education) should be expelled from a school, it shall notify the Educational Welfare Officer in writing of its opinion and the reasons therefore and it shall co-operate, in as far as it practicable, with the Educational Welfare Officer in this regard.

c) A student of compulsory school going age (or a student who has not completed 3 years of second level education as appropriate) shall not be expelled from a school before the passing of 20 school days following receipt of the notification by the Educational Welfare Officer. This is without prejudice to the right of the Board of Management to take such other reasonable measures, as it considers appropriate, to ensure that good order and discipline are maintained in the school and that the safety of students is secured.

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