St. Patrick’s College Cavan                               29th March 2010

Expulsion Policy

Definition
A student is permanently excluded from the College

Authority to expel
The Board of Management of the College has the authority to expel

The grounds for expulsion
Expulsion of a student is a very serious step and will only be taken in extreme cases of unacceptable behaviour.  It will be a proportionate response to the behaviour that is causing concern.  Normally, the school will have taken significant steps to address the misbehaviour and to avoid expulsion:

• Meeting with parents and the student to try to find ways of helping the student to change his misbehaviour
• Making sure that the student understands the possible consequences of his behaviour, if it should  persist
• Utilising the sanctions in the College Code of Behaviour
• Offering Counselling to the student
• Seeking the assistance of support agencies where appropriate

The school will have reviewed the reasons why these have not worked.  The decision to expel a student requires serious grounds such as that:

• The student’s behaviour is a persistent cause of significant disruption to the learning of others or to the teaching process

• The student’s continued presence in the school constitutes a significant threat to safety

• The student is responsible for serious damage to property

Expulsion for a first offence
The Board of Management may form the opinion that a student should be expelled for a first offence. The kinds of behaviour that might result in such an expulsion include:

• A serious threat of violence against another student or member of staff
• Actual violence or physical assault
• Supplying illegal drugs to other students in the school
• Sexual assault

Determining the appropriateness of expelling a student

A number of factors will be considered before deciding to expel a student:

• The nature and seriousness of the behaviour
• The context of the behaviour
• The impact of the behaviour
• The interventions tried to date
• Whether expulsion is a proportionate response
• The possible impact of expulsion

Procedures in respect of expulsion

Step 1
Detailed investigation carried out under the direction of the Principal
In investigating an allegation, the Principal will:
Inform the student of the alleged misbehaviour, hear the student’s viewpoint, and explain how the allegation is being investigated and that it could result in expulsion
Inform the parents by phone (if possible), and by letter of the following:

• The alleged misbehaviour
• How it is being investigated
• That it could result in expulsion
• Invite the parents and their son into the school for a meeting

Step 2
Meeting between parents, student, Principal and Deputy Principal
If parents and the student fail to attend the meeting, the Principal will phone (if possible) and write to them, advising them of the gravity of the matter and the importance of attending a rescheduled meeting, and failing that, the duty of the school to proceed to the Board of Management for a decision on the matter.
At the meeting, the Principal (who may be accompanied by the Deputy Principal) will outline the results of the investigation of serious misbehaviour. The Principal will indicate that he intends bringing the student to the Board of Management and that it could result in expulsion. The student and parents will be given the opportunity to give their side of the story, to ask questions about the evidence and to make their case for lessening the sanction if they wish to.
If the Principal decides that the behaviour still warrants going to the Board of Management, he will inform the parents of this.

Step 3
The Principal will write to the parents of the student:

• He will notify the parents and the student himself (if eighteen years or over) of the date of the Emergency Meeting of the Board of Management and invite them all to attend
• He will outline the grounds on which the Board is being asked to consider expulsion
• He will ensure the parents have comprehensive records of the allegations against the student, and an outline of the investigation
• He will enclose a copy of the College’s Policy on Expulsion
• He will ask them to confirm by phone that they can attend.

The parents will have at least two days from the arrival of the letter, to the Board of Management meeting.

Step 4
Emergency Board of Management Meeting
Prior to the Emergency Board Meeting, the Principal will have sent to each Board member   comprehensive records of the allegations against the student, and an outline of the investigation
a)       Board members only

• The Board must ensure that they are, and are seen to be, impartial as between the Principal and the student.
• The Board will review the initial investigation and satisfy itself that the investigation was properly conducted in line with fair procedures.
• The Board will undertake its own review of all documentation and the circumstances of the case.
• The Board will ensure that no party that has any involvement with the circumstances of the case is part of the Board’s deliberations.

b)Actual hearing:

• The Principal and the parents, (or the student if aged eighteen years or over), put their cases to the Board in each other’s presence
• Each party is allowed to question the evidence of the other party.
• The Board is allowed to question parents, student, Principal.
• The Principal makes his recommendation to the Board
• Parents may use the opportunity to make their case for lessening the sanction

• Decision making

Parents, student and Principal leave the meeting.
The Board deliberates.

Step 5
Board is of the opinion to expel
If the Board comes to the conclusion, that it is of the opinion, that the student should be expelled it does the following:

• It informs the parents  by phone  (if possible)
• It writes to the parents informing them of its opinion to expel and its reason(s)
• It explains their right to appeal (or the student himself if eighteen years or over.)

Under Section 29 of the Education Act 1998.

• It encloses a copy of the relevant section of the Education Act
• It encloses a form for the appeal
• It explains that the Education Welfare Officer will be informed in writing as to the opinion of the Board that the student should be expelled, and the reason(s) for that opinion.
• It explains that the student cannot be expelled before the passage of twenty school days from the date on which the Education Welfare Officer  receives the written notification (Education (Welfare) Act 2000, Section 24 (1)

The Board has the right to suspend a student during this time. This will only be considered where there is likelihood that the continued presence of the student during this time will seriously disrupt the learning of others, or represent a threat to the safety of other students or staff.

Step 6
 Consultation arranged by the Education Welfare Officer
Within twenty days of receipt of notification from the Board of Management of its opinion that a student should be expelled, the Educational Welfare Officer must consult/and or meet with the student, parents, Principal and anyone else who may be of assistance, (Education (Welfare) Act, Section 24). The purpose of these consultations/ meeting is to ensure that arrangements are made for the student to continue in education. In the interests of the student’s educational welfare, the College will be involved in these consultations, to focus on alternative educational possibilities for the student.

Step 7
           Expulsion
When the twenty day period following notification to the Educational Welfare Officer has elapsed, and where the Board of Management remains of the view that the student should be expelled, the Board of Management, should formally confirm the decision to expel. (The Board has delegated this task to the Chairperson of the Board and the Principal). The parents will be notified immediately that the expulsion will now proceed and reminded of their right (or the student himself if eighteen years or over) to appeal.

The College will also inform the NEWB that student is now expelled.

Review of the Expulsion Policy
May 2011