E-19 Teacher Termination Resulting From Unsatisfactory Performance Appraisal Process

This policy shall be interpreted in a manner consistent with the applicable collective agreement, Education Act (Act) and its Regulations and any other applicable statute.

For the purposes of this policy, any reference to School Administrator includes the vice-principal of the school in accordance with s. 277.17 of the Act, and any reference to Area Superintendent includes a Superintendent designated pursuant to s.277.18(2) and 277.18(3) of the Act.

1. Recommendation of Termination

   1.1 Where a comprehensive performance appraisal process conducted under Part X.2 of the Act results in the situation where:

   1. the teacher has received three "unsatisfactory" ratings; or
   2. the teacher is placed on Review Status under section 277.37 and 277.38 of the Act for receiving two "unsatisfactory" ratings and the School Administrator in consultation with the Area Superintendent and the Director of Education/Designate jointly determine that that the delay necessitated by conducting a further performance appraisal is inconsistent with the protection of the best interests of the pupils,
   3. the School Administrator, the Area Superintendent and the Director of Education/Designate shall promptly transmit a joint recommendation in writing to the Board of Trustees that the teacher’s employment with the DSBN should be terminated.

   1.2 Pending the decision of the Board of Trustees, the Director of Education/Designate shall suspend the teacher with pay or reassign the teacher to alternative duties, as determined by the Director of Education/Designate in their sole discretion.

2. Provision of Information

   2.1 The recommendation for termination shall be accompanied by the following:

   1. Written reasons for the recommendation;

   2.2 A statement that in the opinion of the School Administrator, the Area Superintendent and the Director of Education/Designate that the delay necessitated by a third performance appraisal is inconsistent with the protection of the best interests of pupils shall also be included with the recommendation of termination for any terminations under article 1.1 (ii).

3. DSBN Decision

   3.1 The Board of Trustees, upon receiving a recommendation to terminate a teacher’s employment pursuant to Part X.2 of the Act shall determine, based on the competencies pursuant to ss.277.31(1)(a) and 277.32(1)(a) of the Act and any applicable Regulations, whether or not the teacher is performing satisfactorily in the position to which the teacher was assigned immediately before any action of the Director of Education/Designate to suspend or reassign the teacher in accordance with article 1.2.

   3.2 The determination of the Board of Trustees shall be by majority vote of the members present at an in-camera meeting of the Board of Trustees at which there is a quorum, within 60 calendar days of receiving the recommendation.

   3.3 Where the Board of Trustees determines that the teacher is not performing satisfactorily, the Board of Trustees shall terminate the teacher’s employment with the Board effective immediately.

   3.4 Where the Board of Trustees determines that the teacher is performing satisfactorily, the suspension or reassignment, as the case may be, shall cease and, except where the teacher and the Board of Trustees agree otherwise, the teacher shall resume their former position.

4. Communication of the Board of Trustees Decision

   4.1 The Board of Trustees decision will be communicated to the teacher by telephone and confirmed in writing following the meeting.

   4.2 The decision to terminate a Teacher’s employment under Section 277.39 shall be communicated promptly to the Ontario College of Teachers by the secretary of the Board of Trustees (Director of Education).