In Ontario, the Education Act, along with other regulations and policies, sets out the education rights of students, parents and guardians. These include the right to request a review of a suspension (being kicked out temporarily) and to appeal school discipline decisions:
- Principals must follow rules when suspending students from school.
- If suspended, you have the right to be told about the suspension right away including:
- how long you will be suspended,
- the reason for the suspension,
- how to appeal the suspension, and
- who to contact if you have questions.
- You have the right to appeal suspensions, unless your suspension is temporary while the principal considers expulsion (usually, this means being kicked out for the rest of the year).
- You have a right to appeal your suspension to the school board within 10 days.
- Your school board must hear your suspension appeal within 15 days of your notice of appeal.
- If you win the suspension appeal, you have the right to return to school immediately.
- You cannot be suspended for more than 20 days.
- If you are suspended for 5 days or more, you have the right to a suspended students program.
- Your principal must consider any mitigating circumstances or factors in your favour before deciding to suspend you.
- If you are facing discipline proceedings at a university (e.g. academic offences and student code of conduct offences) and you go to York University, University of Toronto, University of Windsor or University of Western Ontario, you may be able to get assistance from a law student at a legal clinic run by a Student Legal Aid Service Society (SLASS) at your school. Please contact your school’s legal clinic for assistance.
- Decide if your legal problem relates to suspension from school.
- Read Frequently Asked Questions (FAQs) to learn more about suspension.
- Follow the Steps for instructions on how to fight a suspension.
- Review the Resources to find new and in-depth legal information about education issues.
- See the Links for news and other helpful websites.