HEARINGS ON TEACHER TRANSFERS
The Superintendent may transfer a teacher in accordance with section 212 of the Education Act. The teacher may make a written request to the Board to have a hearing before the Board for the purpose of objecting to the transfer. A transfer means that the Superintendent has transferred the teacher from one school to another school. If the new school is not identified, then the transfer has not been completed. Similarly, the transfer is not complete unless the teacher has received notice of the transfer, which notice must include the Superintendent’s reasons for the transfer.
- A teacher who has received a notice of transfer and the reasons for the transfer may, within seven days from the day on which the teacher receives the notice of transfer, make a written request to the Board to have a hearing before the Board for the purpose of objecting to the transfer.
- The request for a hearing before the Board shall be submitted by the teacher to the Secretary-Treasurer with a copy being provided to the Superintendent.
- The Board may set a date and time for the hearing requested not earlier than 14 days after the teacher receives the notice of transfer, unless the teacher agrees in writing to an earlier date.
- The Secretary-Treasurer shall advise the teacher in writing of the date, time, and location of the hearing.
- Any documentation or written materials to be considered by the Board in support of the teacher transfer shall be forwarded by the Superintendent, or his designate, to both the teacher and the Secretary-Treasurer not less than seven days prior to the scheduled date of the hearing.
- Any documentation or written materials to be considered by the Board in objection to the teacher transfer shall be forwarded by the teacher to both the Superintendent, or his designate, and the Secretary-Treasurer not less than seven days prior to the scheduled date of the hearing.
- At the discretion of the Board, if materials are submitted less than seven days prior to the hearing, the Board shall either accept the materials and continue with the hearing or adjourn the hearing.
- The teacher may be accompanied by counsel or other representative, and may bring witnesses if, not less than seven days prior to the scheduled date of the meeting, the following is provided by the teacher to the Secretary-Treasurer and the other party in writing: the names of other representatives and any witnesses.
- Notwithstanding, the Board shall reserve the right to receive further documentation as deemed relevant.
- Procedure at hearings
- The hearing shall be conducted at an in-camera session of the Board, and chaired by the Chair, or in the Chair’s absence, the Vice-Chair or designate.
- The Chair shall introduce all parties, and the parties or their representatives shall introduce all witnesses at the hearing.
- The sequence of the hearing shall be as follows:
- An opening statement to be made by each of the parties;
- Written and oral presentation by the teacher, including any evidence by witnesses where appropriate;
- Written and oral presentation by the Superintendent or designate, including any evidence by witnesses where appropriate;
- Superintendent’s or designate’s opportunity for a response to the teacher’s presentation;
- Teacher’s opportunity for a response to the administration’s presentation;
- An opportunity for the Board to ask questions of clarification of both parties and any of the other witnesses;
- An opportunity for the Superintendent or designate to make final comments;
- An opportunity for the teacher to make final comments; and
- No cross-examination of witnesses shall be allowed.
- The Board shall meet without the respective parties to the appeal in attendance to arrive at a decision regarding the appeal. The Board may have the Secretary-Treasurer or legal counsel in attendance.
- If the Board requires additional information or clarification in order to make its decision, both parties will be recalled to appear before the Board and the request for information shall be made in the presence of both parties. If the information is not readily available, the Chair may request a recess, or if necessary an adjournment of the hearing to a later date. In the case of an adjournment, members of the Board are prohibited from disclosing the evidence presented or matters raised at the hearing, either amongst themselves or with the parties and their representatives or witnesses until the hearing is reconvened.
- When the Board is ready to make its decision on the matter, both parties, if still present, shall be advised that the Board will be reconvening and shall consider a motion to move into a regular or special Board meeting in order to consider the resolution.
- The Board’s decision shall be communicated to the teacher, in writing, following the hearing.
Sections 33, 52, 53, 212, 222 Education Act
|Last reviewed:||Last updated:|
|April 11, 2013||April 18, 2013|
|Sept. 17, 2015||Sept. 17, 2015|
|Jan. 18, 2016||Feb. 18, 2016|
|Dec. 12, 2016||Jan. 26, 2017|
|Aug. 30, 2018||Aug. 30, 2018|
|Dec. 11, 2019||Dec. 11, 2019|