Board's authority

73. To hold a suspension meeting enough trustees must attend for the board to have a quorum. The principal has a different role and therefore is not counted when considering whether you have a quorum. Alternatively, your board may have delegated the power to make decisions in suspension cases to a committee of at least two people. As with all committees, there must be a written board resolution establishing the committee and delegating the power to act on the board’s behalf in suspension cases.
74. Decisions cannot be made in relation to prospective students, former students or students enrolled at another school.

Board's role

75. A board suspension meeting is an automatic review of the suspension process. At a suspension meeting, the principal has a completely different role from the rest of the board, which independently reviews the principal’s decision to suspend. The board independently reviews the principal’s decision. While the board may end up agreeing with the principal, it must be sure itself that the incident was fairly investigated and was of a nature where suspension was an option (that is it amounted to gross misconduct, continual disobedience or behaviour risking serious harm).

Refer to paragraphs 26 to 33 for an explanation of the thresholds.

Principal's decision

How to hold a meeting

Flexibility

76. How a suspension meeting is run is a matter for each board and the format does not have to be overly formal or court-like. The Act does not provide for the calling of witnesses at a suspension meeting: this is not appropriate. Significant disputes about facts should have already been raised, decided upon and recorded by the principal in their report. Instead, the focus is on reviewing the principal’s decision, hearing from everyone and finding a way forward.

Refer to Part 2, Section 3: 10 Suspension conditions

Suspension conditions

Hearing from the student

77. The student, the student’s parents, and their representatives are entitled to attend the meeting, speak at it, and have their views considered by the board before it makes its decision.
78. You may, however, proceed with considering the suspension if they choose not to attend or participate.

Adjournment to consider new information

In deciding how long to adjourn for, you must consider the amount of time that the person making the request needs, in his or her particular circumstances, to consider the new information.

Even if you adjourn, you must still make a decision before the applicable date. Refer to Timing of the suspension meeting.

During a suspension

If you do not, the suspension expires, the student must return to school and you lose the power to lift the suspension with conditions, extend it, exclude or expel.

79. You must adjourn the meeting if:
    1. a student, parent, principal or board member requests an adjournment; and
    2. the adjournment is to consider new information, which either:
       1. was not given to the student and parent prior to the meeting; or
       2. is new to the student, parent, principal or board member for some other reason.
80. The purpose of the adjournment is to consider new information (not to create it).

Withdrawal

81. While you are deliberating and making your decision, you must either:
    1. require all the other parties to withdraw from the meeting; or
    2. ask all the other parties to stay at the meeting.
82. If the student and parents are asked to withdraw from a meeting then the principal must withdraw too. The principal has a different role from other trustees at a suspension meeting and is not there as a decision maker. If board members deliberate in private with the principal or ask the principal questions in the absence of the student and parents, this may lead to accusations of bias.

Understanding the board's options

83. The board must make only one of the following 4 decisions:
    • If you think the student should attend your school again full-time, then the board must lift the suspension without conditions.
    • If you think the student should attend your school again full-time but have further specific responsibilities placed on them, then the board must lift the suspension with conditions.
    • If you think the student should remain out of your school for a set period of time in order to fulfil specific responsibilities place on them, then the board must extend the suspension for a reasonable period with conditions (aimed at facilitating the return of the student to school).
    • If you think the student should leave your school, then the board must exclude the student if he or she is under 16 or expel the student if he or she is over 16.

Understanding conditions

84. Conditions allow you to formally manage the student’s behaviour and provide pastoral assistance. You may impose any condition that is:
    1. reasonable and
    2. aimed at facilitating the return of the student to school (if you are extending a suspension).
85. To help you do this, you should ask:
    Is a condition:
    1. related to the incident or causes behind the incident?
    2. achievable?
    3. within the control of the student (that is, can the student comply with it)?

Refer to Part 2, Section 3: 10 Suspension conditions.

Suspension conditions

86. There are consequences for not complying with conditions; the principal, if they think it is appropriate, may ask you to reconsider your decision at a reconsideration meeting. If that happened, you would be able to confirm, reverse or modify your initial decision. All of your options would be open. Refer to At the reconsideration meeting, paragraphs 129 to 136.

At the reconsideration meeting

Understanding lifting the suspension without conditions

87. This means the student must return to school and attend full time. The formal disciplinary process ends and the board is no longer involved. Refer to When the suspension is lifted without conditions, paragraphs 99 to 100.

When the suspension is lifted without conditions

Understanding lifting the suspension with conditions

88. This means the student must return to school and attend full time. However, the student must still comply with ongoing conditions. If the student does not, the principal may request a reconsideration meeting. Refer to When the suspension is lifted with conditions, paragraphs 101 to 104.

When the suspension is lifted with conditions

Understanding extending the suspension with conditions

89. This means the student must not attend school (unless permitted by the principal) and must comply with conditions aimed at facilitating their return to school. The student will return to school once either the conditions are met, or the extended suspension expires (whichever occurs first).
90. While a student is out of school on an extended suspension the principal must provide appropriate guidance and counselling to the student. The principal must also provide an appropriate educational programme for the student to facilitate their return to school and minimise the educational disadvantages that occur due to absence from school. The principal may request a reconsideration meeting if the student fails to comply with the conditions.
91. The board must take appropriate steps to facilitate the students return to school. If the extended suspension is for 4 weeks or more, you must monitor the progress of the student and must receive written updates about the student’s progress at each regular board meeting. Refer to When the suspension is extended with conditions, paragraphs 105 to 119.

When the suspension is extended with conditions

Understanding exclusion

92. This means the student (under 16) must not attend your school (unless permitted by the principal) and must enrol at another one. The principal must try to arrange for the student to attend another reasonably convenient school. The board may refuse to re-enrol the student (unless the Ministry of Education lifts the exclusion). The board of any other state school may refuse to enrol the student (unless the Ministry of Education directs that school to enrol the student, unless the school is an integrated school.). Refer to When the student is excluded, paragraphs 137 to 141.

When the student is excluded

The decision to exclude a student is only to be made in circumstances that justify the most serious response.

Understanding expulsion

93. The student (16 or over) may try to enrol at another school but does not have to. You may refuse to re-enrol the student. Refer to When the student is expelled, paragraphs 142 to 144.

When the student is expelled

The board of any other state school may choose not to enrol the student (unless the Ministry of Education directs that school to enrol the student, unless the school is an integrated school).

Making the decision

Involving the student and parent

94. Before you make your decision, you may try to get all the parties at the meeting to agree on what the decision should be. You may suggest a possible outcome to the student and invite comment. Involving everyone increases the chances of achieving a fair and workable outcome. You do not, however, need agreement to make your decision.

95. When making your decision, you must apply exactly the same tests as the principal. Refer to Principal’s decision, paragraphs 22 to 37:

    Principal's decision

    1. Was the incident gross misconduct, continual disobedience or behaviour risking serious harm? and
    2. If the incident was gross misconduct or continual disobedience, did it set a harmful or dangerous example to other students at school? and
    3. What part did the student’s individual circumstances play? and
    4. What further action is appropriate?
96. This is a balancing exercise, and you must take into account all relevant circumstances. To help you do this, you may consider:
    1. how other students have been affected
    2. whether leniency would be appropriate
    3. your obligations regarding natural justice, and
    4. your obligations to provide a range of responses for cases of varying degrees of seriousness.

Refer to Part 2, Section 2: 8 Effects on others.

Effects on others

Guidance from the Courts

The obligations to think through all your options and consider all the circumstances “…are designed for the protection of children. They are not to be sacrificed to administrative or disciplinary efficiency, or some supposed need for absolute certainty. Results must not be fixed: they must instead be fair.” (M and R v S and Board of Trustees of Palmerston North Boys’ High School 2003 NZAR 705, 718 per McGechan J (decided 5 December 1990), p725.)

Recording your reasons

97. You must record your decision, and the reasons for it, in writing. You must explicitly consider each option open to you. Your records need to be complete. There should be enough information in the report to show that you turned your mind to the criteria you had to apply. Document why you made the decision and how you arrived at the decision.

Refer to Part 2, Section 3: 11 Documenting processes.

Documenting processes

Communicating your decision

98. To help you communicate your decision in writing, you may wish to use a model letter template.

Refer to Part 2, Appendix: Model letters, Letter 3 – Notifying parent/guardian of outcome of board meeting.

Appendix: Model letters

Flowchart 4: Action by board following decision to suspend