The District School Board of Niagara (DSBN) is committed to building and sustaining a positive school climate that is safe, inclusive, and accepting for all students to support their education so that all students reach their full potential. A positive school climate means everyone – students, parents, staff, and community members – feels safe, welcome, and respected. Everyone has a role to play in promoting healthy relationships and a school climate which encourages appropriate student behaviour. A whole-school approach involving all education and community partners is needed to foster a culture of dignity, mutual respect, and care. DSBN’s approach to making schools safe and accepting involves the whole school and focuses on:
Collaboratively promoting positive student behaviour through a code of conduct
Promoting mutual well-being and affirming healthy and respectful relationships throughout the whole school community
Preventing inappropriate behaviour through initiatives like bullying prevention programs
Addressing inappropriate behaviour through progressive interventions, discipline and restorative practices
Reviewing practices through a lens of equity, inclusion, and anti-racism; showing sensitivity to students’ lived experiences, cultural and special education needs
Restorative Practices
Restorative practices in education create a culture of belonging, where students feel valued and supported in their growth. These practices offer an alternative to traditional punitive approaches to classroom management by focusing on repairing harm and restoring relationships rather than punishment. By encouraging accountability, empathy, and open dialogue, restorative practices humanize the schooling experience, giving individuals who cause harm the opportunity to make amends.
This approach helps students learn from their mistakes, take ownership of their actions, and grow from the experience. It also fosters more equitable outcomes for students by addressing disparities in discipline and reducing exclusionary practices like suspensions and expulsions. Implementing restorative practices leads to stronger relationships, a sense of community, and a more inclusive school environment where all students can thrive.
Restorative Practices and Support:
Progressive Interventions
Progressive intervention and discipline is an approach that makes use of a framework of interventions, supports, consequences, and restorative practices to build upon strategies that promote positive behaviours. The DSBN and all schools should implement a clear and developmentally appropriate range of interventions, supports, and consequences. These should be tailored to provide students with learning opportunities that reinforce positive behaviors and guide them in making good choices. Accountability, restoration and reconciliation should occur during all stages of discipline and include support for both victims and offenders involved in any school-based incident. For students with special education and/or disability related needs, interventions, supports and consequences must be consistent with the expectations in the student’s IEP and/or their demonstrated abilities.
Through progressive interventions and discipline, principals determine appropriate consequences and/ or supports to help students improve their behaviour, while considering their individual circumstances and lived experiences. The goal is to provide students with an opportunity to learn, take ownership and grow from instances of inappropriate behaviour to prevent them from happening again.
When schools use progressive interventions and discipline, the following is taken into consideration:
The students' stage of growth and development
The nature and severity of the behaviour
The student’s ability to take accountability and express empathy
The impact of the behaviour on the school climate
Whether the infraction for which the student might be disciplined was related to any harassment of the student because of their race, ancestry, place of origin, colour, ethnicity, citizenship, religion, gender, gender identity, sexual orientation, age, ability or any other attribute
A progressive intervention and restorative approach are about building and sustaining a positive school climate that involves:
Building Relationships
Suspension
The DSBN also uses suspension as part of progressive interventions and discipline. A suspension means students are removed from school temporarily for a specific period of time. Students may be suspended ranging from one school day up to twenty (20) school days. Students cannot go to school or take part in regular school activities or events while on suspension but are provided with ongoing schoolwork to complete while on suspension. The school principal maintains communication between the school and home for the duration of the student’s absence to create a supportive ‘return to school' transition plan.
A principal shall consult with the appropriate Superintendent of Education regarding the decision to issue a suspension of more than five (5) days and for any suspension related to a student in Junior Kindergarten to Grade 3.
Activities Leading to Suspension
For certainty, expectations of behaviour apply to students whether they are on school property, on school buses or other transportation means supplied by the DSBN, at school-related events or activities (e.g., a field trip) or in any other circumstance that could have an impact on the school climate.
Grade 4 to 12
The principal shall consider suspension if a student from grade 4 to grade 12 has engaged in any of the activities listed below, which are outlined in subsection 306(1) of the Education Act:
Uttering a threat to inflict serious bodily harm on another person
Possessing alcohol, illegal and/or restricted drugs, or, unless the student is a medical cannabis user, cannabis
Being under the influence of alcohol or, unless the student is a medical cannabis user, cannabis
Swearing at a teacher or at any person in a position of authority
Committing an act of vandalism that causes extensive damage to Board property or to property located on the premises
Bullying* or cyber-bullying
Any act considered by the principal to be injurious to the moral tone of the school
Any act considered by the principal to be injurious to the physical or mental well-being of members of the school community
Any act considered by the principal to be contrary to the DSBN’s Code of Student Behaviour or school Code of Conduct.
Any other activity that is an activity for which a principal may suspend a student under a policy of the DSBN.
*It should be noted that “bullying” and cyber-bullying are defined in the Education Act as follows: “bullying” means aggressive and typically repeated behaviour by a student where, the behaviour is intended by the student to have the effect of, or the student ought to know that the behaviour would be likely to have the effect of:
Causing harm, fear, or distress to another individual, including physical, psychological, social, or academic harm, harm to the individual’s reputation or harm to the individual’s property, or
Creating a negative environment at a school for another individual, and
The behaviour occurs in a context where there is a real or perceived power imbalance between the student and the individual based on factors such as size, strength, age, intelligence, peer group power, economic status, social status, religion, ethnic origin, sexual orientation, family circumstances, gender, gender identity, gender expression, race, disability or the receipt of special education; (“intimidation”)
The definition of bullying behaviour, as taken from the Education Act and PPM No.144: Bullying prevention and intervention, includes the use of any physical, verbal, electronic, written, or other means. In addition, the definition of bullying includes bullying by electronic means, such as social media platforms, email, text, direct messaging, digital gaming and/or communication applications, (commonly known as cyber-bullying) including:
Creating a web page or a blog in which the creator assumes the identity of another person
Impersonating another person as the author of content or messages posted on the internet
Communicating material electronically to more than one individual or posting material on a website that may be accessed by one or more individuals
Sending or sharing hateful, insulting, offensive, and/or intimidating electronic communication or images via text messages, emails, direct messages
Revealing information considered to be personal, private, and sensitive without consent
Making and/or engaging, and/or participating in fake accounts on social networking sites to impersonate, humiliate and/or exclude others
Excluding or disrupting access to, a student on purpose from online chat groups, access to accounts and during digital gaming sessions.
Junior Kindergarten to Grade 3
As of September 1, 2020, pursuant to Ontario Regulation 440/20, a principal may not suspend Junior Kindergarten to Grade 3 students for any activities outlined in subsection 306(1) of the Education Act (above). Principals may suspend junior kindergarten to Grade 3 students under subsection 310(1) where they have conducted an investigation. Specifically related to bullying, as per PPM 144, principals must consider a suspension for students in Junior Kindergarten to grade 3 for incidents of bullying if:
Mitigating Factors
Before imposing a suspension, the principal, as required by the Education Act, must consider any mitigating and other factors as set out in Ontario Regulation 472/07. The DSBN interprets the provisions of the Education Act and Regulations in a broad and liberal manner consistent with the Human Rights Code.
Supports for Suspended Students
Students who are suspended for more than five school days are on a long-term suspension and are offered a range of programs to support academics and positive behaviour. These programs will be based on the student's needs, length of the suspension, the nature and severity of the behaviour as well as mitigating and other factors.
Suspension Appeal
A suspension can be appealed to the school board. Written notice of the request for an appeal must be sent to the Area Superintendent within ten (10) school days of the start of the suspension. The appeal must be heard within fifteen (15) school days of the DSBN receiving the notice of intention to appeal, unless the parents and the DSBN have agreed to an extension. If parents have questions about the appeal, they can contact the Area Superintendent of Schools.
Expulsion
Students who are expelled from school must be provided with opportunities to continue their education and must be offered additional non-academic supports, such as counselling, to help promote positive behaviour. An expulsion is different from a suspension. An expulsion does not have a time limit. Expelled students are removed from school for an indefinite period of time while a Student Action Plan is collaboratively developed.
Students can be expelled from their own school, or they can be expelled from all schools in the DSBN. After an investigation, the principal recommends whether a student should be expelled. Only the Student Discipline Committee of the Board of Trustees can decide to expel a student.
Students in Grade 4 to 12 are suspended first, while expulsion is being considered and the matter is investigated. An investigation proceeds the suspension pending expulsion for students in Junior Kindergarten to Grade 3. A principal shall consult with the appropriate Superintendent of Education regarding the decision to issue a suspension of more than five (5) days and for any suspension related to a student in Junior Kindergarten to Grade 3.
What activities can lead to expulsion?
Grade 4 to 12
If a student in grade 4 to grade 12 has engaged in any of the activities listed below, the principal shall suspend the student and investigate the incident in order to determine whether the student should be expelled.
Activities described in subsection 310(1) of the Act include:
Possessing a weapon, including possessing a firearm
Using a weapon to cause or threaten bodily harm to another person
Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner
Committing sexual assault
Trafficking in weapons, illegal or restricted drugs
Committing robbery
Giving alcohol or cannabis to a minor
Bullying – if the student (between grade 4 to 12) has previously been suspended for bullying and the student's presence in the school creates an unacceptable risk to the safety of another person
Any activity for which a student can be suspended (see section on suspension) that is motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identity, gender expression, or any other similar factor
An act considered by the principal to be significantly injurious to the moral tone of the school and/or to the physical or mental well-being of others
A pattern of behaviour that is so inappropriate that the student continued presence is injurious to the effective learning and/or working environment of others
Activities engaged in by the student on or off school property that cause the student’s continuing presence in the school to create an unacceptable risk to the physical or mental well-being of other person(s) in the school or DSBN
Activities engaged in by the student on or off school property that have caused extensive damage to the property of the DSBN or to goods that are/were on DSBN property
The student has demonstrated through a pattern of behaviour that they have not prospered by the instruction available to them and that they are persistently resistant to making changes in behaviour which would enable them to prosper
Any act considered by the principal to be a serious violation of the DSBN’s Code of Conduct or a violation of the requirements for student behaviour as set out in the Education Act and Regulations
Where a student has no history of discipline or behaviour intervention, or no relevant history, a single act, incident or infraction considered by the principal to be a serious violation of the expectations of student behaviour and/or a serious breach of the DSBN or school Code of Conduct
Junior Kindergarten to Grade 3
A principal may suspend students in Junior Kindergarten to Grade 3 pending an expulsion for any activities under subsection 310(1) of the Education Act provided that they have conducted an investigation respecting the allegations prior to issuing a suspension pending an expulsion.
In the case of bullying, a principal must consider a suspension pending expulsion for students in Junior Kindergarten to Grade 3 under subsection 310(1)(7.1) of the Education Act provided that:
Expulsion Process
Before recommending an expulsion from the student’s school or from all schools of the DSBN, the principal must complete an investigation, as required by the Education Act. The principal investigation will inform the decisions to recommend to the Student Discipline Committee of the Board of Trustees that the student be expelled. As part of the investigation, the principal must make every reasonable effort to speak to the student who was suspended, their parents, and anyone else who may have relevant information.
Principal Notification to Parents
Where a student has been the alleged victim of a serious incident, the principal or designate is required to provide information to the parent/guardian of a student who is less than 18 years of age, is not 16 or 17 and withdrawn from parental control and where the principal is NOT aware that informing the parent/guardian would put the student at risk of harm and would not be in the student’s best interests. The principal may inform a parent/guardian of a student 18 years or older or who is 16 or 17 and has withdrawn from parental control, if that student consents to the disclosure of information.
Likewise, and under the same parameters and restrictions as above, the principal is to notify the parent or guardian of any student who the principal believes has engaged in the activity that resulted in the harm. When students are suspended pending a possible expulsion, the principal will make every reasonable effort to let their parents know within twenty-four (24) hours that the student has been suspended. This will be followed by a letter notifying them about the suspension. The letter will also include important information, such as:
Reason for the suspension
Length of the suspension
Information about the program for suspended students to which the student is assigned
Information on how and when to appeal the suspension.
Mitigating Factors
When the principal suspends pending expulsion, the principal must consider any mitigating and other factors in determining whether to recommend expulsion from the student’s school or all schools of the DSBN, as required by the Education Act. If the principal determines it is not appropriate to recommend an expulsion, the principal must also consider mitigating and other factors in deciding whether to shorten the length of the suspension.
Supports for Expelled Students
When students are expelled only from their school and moved to another school of the DSBN, the DSBN will make a positive behaviour support plan and make resources available to the student as part of their transition plan to the new school. These plans and resources could include support for students and families that are intended to help engage and motivate students and encourage positive behaviour.
When students are expelled from all schools in the DSBN and agree to participate in the program for expelled students, the principal will hold a planning meeting with school and school board staff, the student, and parents (wherever possible) to identify the objectives of the Student Action Plan.
Student Discipline Committee
The DSBN authorizes the creation of a Student Discipline Committee of at least three (3) Trustees of the Board of Trustees to decide appeals of principal suspensions and principal recommendations for expulsion. In all cases where consequences might be imposed, teachers, principals/vice-principals and the Student Discipline Committee of the Board of Trustees will consider the safety and dignity of all students, and the impact of the activity on the school climate.
The Student Discipline Committee shall have the powers as set out in the Education Act and any other powers to implement any appropriate Order. For these purposes, the Student Discipline Committee will conduct the suspension appeals and expulsion hearings in accordance with the Education Act, it’s regulation and DSBN policies and procedures.
Legislative References
The Provincial Code of Conduct, the District School Board of Niagara (DSBN) Code of Student Behaviour, the Education Act, Ontario Regulation 472/07, Ontario Regulation 440/20, Policy Program Memorandum (PPM) 128 (Provincial and school board codes of conduct), 141 (programs for long term suspension), 142 (expulsion programs), 144 (bullying prevention) and 145 (progressive discipline), together with the DSBN’s discipline policies create expectations for behaviour for all persons on school property, and outline strategies to be taken to reduce incidents and impose appropriate consequences for students. The Human Rights Code of Ontario has primacy over provincial legislation and school board policies and procedures, such that the Education Act, regulations, Ministry of Education Program Policy Memoranda, and DSBN’s policies and procedures are subject to, and shall be interpreted and applied in accordance with the Human Rights Code of Ontario.