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Administrative Procedure: Code of Conduct
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EFFECTIVE DATE:
June 8, 2005
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ADMINISTRATIVE PROCEDURE CODE:
1.A.10
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AMENDED DATE:
June 2024
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Policy Reference
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Legal Reference
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M.R. 155/05, M.R. 92/2013
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In keeping with our vision statement, to empower responsible citizens within our communities, the Board of Trustees supports a Code of Conduct that focuses more on education and restitution practices and less on exclusionary practices such as suspension. This Code of Conduct includes a statement of expectations of behaviour, and related responsibilities and expectations for students, staff and families in the system (Appendix A). The Border Land School Division Code of Conduct shall be reviewed annually by a committee. Each school, employee, student, and volunteer within Border Land School Division is expected to behave in a respectful manner and comply with the divisional code of conduct.
In Border Land School Division, unacceptable behavior includes but is not limited to the following:
- Harassing/discriminating
- Bully/cyberbullying
- Hazing
- Threats to self and others
- Gang involvement
- In possession of a weapon, as “weapon” is defined in section 2 of the Criminal Code
- Possession or being under the influence of an illicit drug
- Inappropriate use of the internet and electronic communication
Teaching self-regulation is a shared responsibility that hinges on a cooperative approach between the school and parents. Parent refers to both parents and guardians and is used with a recognition that in some cases only one parent may be involved in a child’s education or that the significant adult in the lives of many students may not be their parent. This term may also apply to a student who has reached the age of majority. Students will feel safe when they see the adults from the two parts of their lives, school and home, come together to focus on their interests. When teachers and parents communicate regularly and work collaboratively, they are more likely to develop a degree of trust.
School and parents may disagree on disciplinary decisions. When positive approaches to resolving disagreements are used, there are opportunities to build strong relationships and to set positive examples for our students. Parents are encouraged to contact their school any time they have a concern regarding a disciplinary matter. The process for appeal is found later in this procedure.
Appropriate Interventions and Disciplinary Consequences
All schools are expected to engage in preventative practices – in other words, the use of instruction and programs that focus on social responsibility and positive behavior rather than the need for negative consequences. Many schools have successfully introduced restorative practices that aim to develop community and manage conflict and tensions by repairing harm and building relationships (eg. conflict resolution or peer mediation programs, restitution and restorative justice.) Exclusionary practices may be necessary when other approaches to problem behavior are unsuccessful, however, they are not effective when overused. The degree of exclusion for any reason should involve the least restrictive environment and not be punitive. Although exclusionary practices can be viewed on a continuum, educators must take caution that students are not faced with undue hardship or feelings of alienation, as they may not hold the same perception.
Teachers and Principals must ensure that interventions used are appropriate given the frequency and severity of the disciplinary violation and the student’s age or state of development. The principal maintains the authority to determine which consequence is appropriate in each situation. In every situation, when selecting appropriate consequences, school staff should be sensitive to any student who has been the victim or target of unacceptable behavior, as well as to the student who committed this behaviour. Reasonable accommodation is required for students with exceptional learning needs that affect their behaviour, considering the student’s ability to comply with disciplinary measures.
The Public Schools Act and the Appropriate Disciplinary Consequences in Schools Regulation (M.R. 92/2013) permits the use of suspension. Suspension may be determined to be the appropriate disciplinary consequence when a student’s unacceptable conduct or disruptive behaviour is found to be injurious to the school environment and/or deemed an imminent safety risk to students and staff.
It is expected that all disciplinary decisions follow these guiding principles:
• Ensuring a safe, caring, and inclusive learning environment; policies and
procedures must support Manitoba’s Philosophy of Inclusion.
• Decisions shall appropriately address safety risk to students and staff, plan for
a safe and orderly learning environment, and reflect the best interests of the
students.
• Decisions shall respect the right and access to education for children and youth.
• Student success and well-being is a collective responsibility and requires active
agency on the part of all who are responsible for children and youth.
• Appropriate measures shall be taken to ensure that school discipline is
administered in a manner consistent with respecting the child’s human dignity.
• Disciplinary alternatives are to be informed by research and best practices.
• Relationships matter in providing a sense of safety and belonging for all students.
Interventions and consequences may be applied as appropriate to the context. Listed alphabetically below are responses schools and the Division may take. Schools may expand upon the list if the additional items are consistent with the Manitoba Education directive.
Behavioural/Performance Contract
In some instances, the student is required to meet specific behavioural standards in order to avoid more severe consequences. Such expectations are developed among the school, the parent(s), and the student. Outcomes are clarified in order to meet the behaviour standards agreed upon. Such an agreement is documented, with copies provided for all concerned parties.
Compensation
The student and/or parent(s) are required to compensate for damages incurred to school division property by the intentional or negligent act of a child. Such compensation may be monetary in nature, but could take alternative forms such as community service.
Detention
The student is detained at the school for specific unacceptable behaviour. Should a detention extend beyond regular school hours, parent(s) will be informed.
Expulsion
A school board may expel from a school any student who, upon investigation by the school board, is found to be guilty of conduct injurious to the school environment.
Formal Interview
A conference is held with the student, the teacher, and an administrator and/or school counsellor and the parent(s) to develop a plan for changing the student's behaviour. As one example of a plan, it may be useful to conduct a functional behavioural assessment to guide the development of effective positive interventions based on the function of the behaviour.
Informal Discussion
A teacher or administrator speaks with the student to reach an agreement regarding the student's behaviour. Parent(s) may be contacted in some circumstances. Students who are 18 years of age or older must give their consent to contact their parents.
Outside Agency/Community Involvement
A referral to an outside agency or a community resource may be necessary to address a student’s behaviour (e.g., a physician, adolescent or adult mental health services, Addictions Foundation Manitoba, the anxiety clinic at St. Boniface Hospital, the Lighthouses and Turnabout crime prevention programs, Boys & Girls Clubs, Big Brothers Big Sisters, or Aboriginal Elders). These referrals will involve an informed consent process.
Parental Involvement
Contact is made with the parent(s) to discuss the student’s specific behaviour and the steps that must be undertaken to change it and the plans to support positive behaviour. The contact could vary from a telephone conversation to a formal conference at the school with parent(s), student, and school personnel.
Police Notification
Police notification does not mean that police will lay charges in every situation; however, police should be notified for serious incidents that happen at school, during school-related activities in or outside school, or in other circumstances if the incident has a negative impact on the school environment. Parents will be notified unless police direct otherwise. Unless directed otherwise by the police, parents will be provided with the option to be present should the police want to question their child.
Removal of Privileges
Privileges such as access to the playground, cafeteria, library, extracurricular activities, and/or bus transportation are removed under certain circumstances. Parent(s) will be informed.
Restitution or Restorative Practice
This approach allows students to focus on correcting their mistakes, to learn, grow, and make things right.
School Counsellor/Resource Teacher
A school counsellor and/or resource teacher meets with the student with the specific goal of developing a plan for changing attitudes and improving student behaviour.
Seclusion
Seclusion is a safety response. It is never used as a punishment, a consequence of disciplinary action or a way to force compliance. Parents shall be informed when any seclusion occurs.
Student Services
A referral may be made to school division student services personnel who can assist school personnel in the remediation of inappropriate student conduct. Such involvement may include a level of clinical support for the student that is beyond the school’s capabilities. Parental permission must be obtained for assessments and/or interventions.
Suspension
In School Suspension (ISS): an instance where a student is temporarily removed from their regular classroom(s) for at least half a school day for disciplinary purposes but remains under the direct supervision of school personnel. Direct supervision means school personnel are physically in the same location as the students under supervision.
Out of School Suspension (OSS): an instance where a student is dismissed from school for disciplinary purposes for a finite period of time when their peers are expected to be in attendance.
Threat Assessment
The school will respond to all student threats to self or others through administrative action and/or school division threat assessment protocols or through critical incident preparedness plans. Outside agency and/or police involvement may be requested. Parent(s) will be informed.
Withdrawal from Classroom Setting
Where specific student conduct is deemed to have a negative impact upon the classroom learning environment, the student is withdrawn to a supervised alternate location to complete class assignments. Such withdrawal would normally be temporary, but when a prolonged withdrawal is recommended, parent(s) will be informed.
Supportive Student Discipline
Supportive student discipline should be about teaching and learning. Providing students an opportunity to reflect on their behaviour and repair relationships is paramount to learning. Appropriate consequences and support should help students improve behaviour while considering individual circumstances.
Although still viewed as an exclusionary practice, an in-school suspension should be considered as an alternative to an out of school suspension. An in-school suspension allows for the opportunity to apply targeted intervention and supports that address behaviours and facilitate problem solving.
The decision to suspend should consider the following:
- the information gathered from the student, reporting staff, and others who may have witnessed or been affected
- whether a process should be initiated for determining the risk of threat to self or others, and the risk of the occurrence
- possible motivation or underlying reasons that lead to the incident
- previous disciplinary incidents
- previously employed interventions and their effectiveness,
- the students background and support network
- alternative approaches not previously employed
- whether the suspension will be a breach of probation, if applicable
The decision to suspend may also include the following:
- a discussion with the parents
- a discussion with the in-school team and/or divisional level staff
Suspension may not be used as a response to absenteeism.
Suspension duration must not be increased based on the number of suspensions a student has previously received.
Suspension Procedures
Categories for student suspension
Misconduct – this may include insubordination, physical altercation with another individual, verbal altercation with another individual, threats, bullying or harassing.
Substance Use – this includes alcohol or tobacco use
Illegal Drugs – this may include being under the influence of, in possession or, or trafficking of any drug deemed illegal
Weapons – this may include being in possession of, threating with, or attacking with a weapon.
Property Damage – this may include damage to Border Land School Division property as well as damage to other individuals personal property.
Inappropriate ICT Use– this includes any action on a technological device, on or off school property, that violates the Border Land School Division Acceptable Use Agreement.
- Notification to Parents
If a student is to be suspended, parents must be notified promptly of the reason and period of suspension by the principal or superintendent, whoever is suspending the student. No student shall be dismissed from school who presents an imminent safety risk to self or others before parents have been notified.
Within 24 hours of the decision to suspend, a written letter/suspension form will be sent to the parents/guardians with information that includes
- Access to Educational Programming during Suspension
Schools must arrange educational programming for students who are suspended for more than five days. During suspension, access to learning should be maximized by providing students with the resources they need and by utilizing universal design principles. Students must have an opportunity to maintain connection to the school community, to continuity of programming, and to build skills rather than to feel a sense of punishment or discipline.
- Re-Entry Meetings
Re-entry meetings are an opportunity to bridge and repair relationships. The student, parent, and appropriate school/divisional staff should be present. If a parent is unable or refuses to attend the re-entry meetings, schools must document the reasons for the refusal and/or actions taken by the school to obtain consent and/or resolve concerns.
The discussion at the re-entry meeting should
- review the division’s code of conduct, including the appeal process
- restore a sense of safety and belonging (i.e., establish a connection with an adult in the building who provides daily check-ins for positive feedback and problem-solving)
- structure transitions, resources, and environmental considerations to be in place for a safe return
- determine programming needs (e.g., academic support, increased opportunities to attend to social-emotional learning and regulation)
- review planning needs if a student-specific plan is already in place
- develop a student-specific plan for a student who has been suspended out of school more than two times during a school year (MEECL, Standards for AEP,2022)
- determine whether individual counselling and/or divisional supports are needed (i.e., determine and support student’s protective factors)
- refer to community-based/agency supports, as appropriate
- reaffirm goals for personal and/or school success, respecting the student’s right to be heard, and participate in decisions that affect them
- designate staff to case manage (i.e., ensure planning needs are met and follow-up is embedded for ongoing support)
- review recommendations and update plans as necessary
- encourage the repair of relationships with those who may have been harmed or affected and who also should be treated with courtesy, compassion, and respect for their dignity and privacy (YCJA)
The completion of schoolwork must not be used as a condition of re-entry.
A student’s suspension must not be prolonged due to the parent inability to be present at the re-entry meeting.
Out of School Suspension (OSS)
During an out of school suspension, students will not be permitted at school and at the discretion of the principal, may not be permitted to participate in school sponsored activities, whether they occur inside or outside the school, on the school bus, or on school property.
The principal will ensure that expectations are communicated to the student, staff, parents, and divisional staff as appropriate. This communication should include:
- the period of the suspension (with beginning and end dates)
- the name of the school personnel who will serve as the initial contact for any questions/concerns
- arrangement of appropriate educational programming and regular contact with professional staff (eg. Virtual, phone, in person)
- clarification of expectations, noting any restrictions
- information regarding the date, time, and location of the re-entry meeting
- additional people or agencies and their contact information and any expectations set forth (if relevant)
Students who have been suspended out of school more than two times during a school year are required to have a student specific plan.
In School Suspension (ISS)
An in-school suspension is to be carried out in a supervised educational environment with restricted contact to peers during the instructional day. During an in-school suspension, a student may be restricted from attending one or more classes and/or school sponsored activities.
Providing there is no safety risk to students or staff, the principal may determine that a student observing an in-school suspension can continue to participate in school sponsored activities, with direct supervision, to maintain connection, relationships, and a sense of belonging.
The principal will ensure that expectations are communicated to the student, staff , parent/guardians, and divisional staff as appropriate. This communication should include:
- the period of the suspension (with beginning and end dates)
- location of the alternative supervised learning environment
- the name of the school personnel who will serve as the initial contact for any questions/concerns
- instructions for non-instructional times such as lunch and recess
- a structured plan outlining the appropriate educational programming the student is to be engaged in during the suspension
- information regarding the date, time, and location of the re-entry meeting
If a student received two or more in-school suspensions during a school year, school teams should consider ways to support that student to decrease future suspensions. The repeated use of an in-school suspension may indicate that a student specific plan should be developed or revised.
Appeal Process of Disciplinary Decisions
If a student and/or parents are not satisfied with a disciplinary decision, they should speak first to the teacher who made the disciplinary decision and then to the school principal if the issue is not resolved. If there is still an unsatisfactory response, an appeal in writing, see Appendix C, can then be made to the superintendent of schools, and if necessary then to the school board. Exceptions to this are suspensions in excess of five days and expulsions, in these cases the appeal goes directly to the school board. The school board may confirm the suspension, modify it, or reinstate the student (M.R. 92/2013; Manitoba Education and Training, Provincial Code of Conduct, 2017).
APPENDIX A
Rights and Responsibilities regarding Student Discipline
Students
Rights
- To be accompanied by a parent or other adult to assist and make representations to the school board before a decision is made to expel.
Responsibilities
- To attend school and classes regularly and punctually.
- To comply with school and school division discipline and behaviour management policies.
- To behave in a respectful manner and comply with the school code of conduct.
- To complete assignments and other related work required by teachers or other employees of the school division.
- To treat with respect school property and the property of others who are employed at or attending the school.
- To assume responsibility if they destroy, damage, loses, or converts by an intentional or negligent act school or division property.
Parents
Rights
- To be informed regularly of the attendance, behaviour, and academic achievement of their child in school.
- To be informed of the discipline and behaviour management policies of the school or school division or school district, and to be consulted before the policies are established or revised.
- To accompany their child and assist him or her to make representations to the school board regarding a suspension of more than five days or before a decision is made to expel the child.
Responsibilities
- To cooperate fully with teachers and other school/division employees to ensure their child complies with school/division discipline and behaviour management policies and the school’s code of conduct.
- To take all reasonable measures to ensure the child attends school regularly.
- To assume responsibility with the child where school/division property is damaged, lost, or converted by the intentional or negligent act of that child.
(Note: Teachers and students whose personal property is damaged or lost may bring action under The Parental Responsibility Act).
Responsibilities and Authority of Teachers
- To maintain order and discipline among students attending or participating in activities that are sponsored or approved by the school, whether inside or outside the school.
- To behave in a respectful manner and comply with the school code of conduct.
- To ensure that the interventions and responses used or implemented in carrying out duties to maintain order and discipline in school are appropriate, given the frequency and severity of the disciplinary violation, and take into account the student's state of development.
- To report to the principal unacceptable student conduct while at school or at a prescribed school-approved activity as soon as reasonably possible*.
- To report to the principal as soon as reasonably possible that a student may have engaged in cyberbullying or been negatively affected by cyberbullying, whether it occurs during school hours or not*.
- To seize or cause to be seized and take possession of any offensive/dangerous weapon brought to school by a student and hand over same to the principal.
- To suspend a student from the classroom for up to two days when a student engages in disruptive behaviour and suspension is the consequence for that behaviour under school policy or the school code of conduct.
- To promptly document and report a student suspension to the principal.
*The duty to report to the principal also applies to employees of a school board, school division, or school district and persons who have care and charge of one or more pupils during a prescribed school-approved activity.
Responsibilities and Authority of Principals
- To review annually, in consultation with the school’s parent advisory committee, the BLSD code of conduct.
- To ensure that a school’s discipline and behaviour management policies -including disciplinary consequences for violations of the code of conduct - are consistent with any Ministerial directives concerning appropriate disciplinary consequences for unacceptable behaviour.
- To supervise buildings and grounds during school hours, including safety, repairs, cleanliness, et cetera.
- To remove, or cause to be removed, persons from school premises who are causing a disturbance or interruption, trespassing, or who are present for a purpose not reasonably associated with the normal functioning of the school.
- To provide disciplinary authority over the conduct of each student of a school from the time the student arrives at the school until the student departs for the day, except during any period that the student is absent from school at the request of their parent or guardian.
- To provide disciplinary authority over students on their way to and from school, in terms of their conduct towards one another, while travelling to and from school on school division transportation, and while on school-prescribed activities.
- To ensure that the interventions and responses used or implemented in carrying out duties to maintain order and discipline in school, are appropriate, given the frequency and severity of the disciplinary violation, and take into account the student’s state of development.
- To notify parents, as soon as reasonably possible, if the principal believes that a student has been harmed as a result of the unacceptable conduct.
- To suspend a student for up to one week for engaging in conduct that the principal considers injurious to the school environment.
- To inform the student’s parent or legal guardian of the suspension and the reasons for the suspension.
- To give the Superintendent within 24 hours of a student being suspended, a written report setting out the pupil’s name, the period of suspension, and a description of the disruptive behaviour for which the pupil was suspended.
- To enter a record of each suspension of a student in PowerSchool within 48 hours of the suspension.
- To ensure that educational programming is available to a student who has been suspended.
Responsibilities and Authority of Superintendents
- To suspend a student from school for up to six weeks for engaging in conduct that the superintendent considers injurious to the school environment.
- To inform the student’s parent or legal guardian of the suspension and the reasons for the suspension.
- To give the school board or designate a written report setting out the student’s name, the period of suspension, and a description of the disruptive behaviour for which the student was suspended.
- To review the monthly and annual suspension report and follow up with schools as required.
- To report all serious incidents to MEECL and/or MACY
Responsibilities and Powers of School Boards
- To establish written policy* respecting the appropriate use of
- the Internet, including social media, text messaging, instant messaging, websites, and e-mail, and
- digital cameras, cell phones and any other electronic or personal communication devices identified by the board.
- To establish written policy on respect for human diversity and ensure that the policy is implemented in each school. The policy must promote and enhance a safe and inclusive learning environment, the acceptance of and respect for others, a positive school environment, and the training of teachers and other staff on bullying prevention and respect for human diversity.
- To permit the student and their parent(s) or legal guardian(s) to make representations to the school board about a suspension of more than five days.
- To confirm or modify the suspension or reinstate the student after receiving such a representation.
- To suspend or expel any student who, upon investigation by the school board, is found to be guilty of conduct injurious to the school environment.
- To ensure that educational programming is made available for students under the age of 16 who are expelled.
- To limit or place conditions on the teacher’s right to suspend, either with respect to an individual student or generally, if the board is of the opinion that the teacher has repeatedly
(a) suspended an individual student for reasons that are not justified, or
(b) suspended students for reasons that are not justified.
*Appropriate-use policies may include provisions that prohibit accessing, uploading, downloading, sharing or distributing information or material that the school board has determined to be objectionable or not in keeping with the maintenance of a positive school environment.
Discipline Appeal Form to Superintendent