St Patrick's College Cavan

Suspension Policy

Definition
Requiring the student to absent himself from the school for a specified, limited period of school days.

Authority to suspend
The Board of Management has the authority to suspend a student.  The Board has delegated that responsibility to the Principal.  The Board still retains the right to suspend a student brought before it.

The grounds for suspension
Suspension will be used as a proportionate response to the behaviour that is causing concern.  Normally, other interventions will have been tried before suspension, and school staff will have reviewed the reasons why these have not worked.  The decision to suspend a student requires serious grounds such as that:

• The student’s behaviour has had a seriously detrimental effect on the education of other students 

• The student’s continued presence in the school at this time constitutes a threat to safety

• The student is responsible for serious damage to property

A single incident of serious misconduct may be grounds for suspension.

Determining the appropriateness of suspending a student
A number of factors will be considered before suspending 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 suspension is a proportionate response
• The possible impact of suspension

Where the purpose of a proposed suspension is clearly identified, and that purpose cannot be achieved in any other way, suspension can have value.

Suspension can provide a respite for staff and the student, give the student time to reflect on the link between his action and its consequences, impress on him and his parents the seriousness of the behaviour and give staff time to plan ways of helping the student to change unacceptable behaviour.

Forms of suspension

1. Immediate suspension
In exceptional circumstances, the Principal may consider an immediate suspension to be necessary where:
(a) The continued presence of the student in the school at the time would represent a serious threat to the safety of students or staff of the school, or any other person.
(b) The student has persistently refused to follow reasonable instructions.

 2. Suspension during a State examination
This sanction is normally approved by the Board of Management and only used where there is:

• A threat to good order in the conduct of  the examination
• A threat to the safety of other students and personnel
• A threat to the right of other students to do their examination in a calm atmosphere.

3. Suspension (not immediate)
Principal suspends a student

4. Suspension by the Board of Management
The Principal brings a student before the Board of Management, who decides to suspend the student.

Procedures in respect of suspension

1) Immediate suspension
Where an immediate suspension is considered by the Principal to be warranted, a preliminary investigation will be conducted to establish the case for the imposition of the suspension.  The formal investigation will immediately follow the imposition of the suspension.  Parents will be notified, and arrangements made with them for the student to be collected.  The school will have regard to its duty of care for the student.  In no circumstances will a student be sent home from school without first notifying parents.

2) Suspension (not immediate)
Where a preliminary assessment of the facts confirms serious misbehaviour that could warrant suspension, the school will inform the student and his parents about the complaint, how it will be investigated and that it could result in suspension.  Parents will be informed by phone (if possible) and/or in writing.  Both parents and student will be given an opportunity to respond before a decision is made and before any sanction is imposed.

A meeting with the student and his parents will be offered to give them an opportunity to give their side of the story.  If a student and their parents fail to attend , the Principal will contact them advising of the gravity of the matter, the importance of attending a re-scheduled meeting and, failing that, the duty of the school authorities to make a decision to respond to the negative behaviour.

The period of suspension
A student should not be suspended for more than three days, except in exceptional circumstances where the Principal considers that a period of suspension longer than three days is needed in order to achieve a particular objective.  The Board of Management has authorised the Principal to suspend for up to five days in exceptional circumstances.  Where a student is brought by the Principal before the Board of Management the Board will normally place a ceiling of ten days on any one period of suspension imposed by it.

The Board will formally review any proposal to suspend a student, where the suspension would bring the number of days for which the student has been suspended in the current school year to twenty days or more.  Any such suspension is subject to appeal under section 29 of the Education Act 1998 (see Appeals)

Appeals

Appeal against Principal’s decision
Parents, guardians or a student over eighteen years of age may appeal to the Board of Management, a Principal’s decision to suspend a student.  They will be told of this right when receiving written notification of the suspension. The appeal must be made
in writing, stating details of the appeal and the grounds for same.  It must be lodged with the Secretary to the Board of Management within five days of receipt of written notice of suspension.  The Board will be summoned by the Chairperson to meet within five days of receipt of such written appeal, or as soon as is reasonable thereafter.

Section 29 Appeal
Where the total number of days for which the student has been suspended in the current school year reaches twenty days, the parents, or a student aged over eighteen years, may appeal the suspension under section 29 of the Education Act 1998, as amended by the Education (Miscellaneous Provisions) Act 2007.
At the time when parents are being formally notified of such a suspension, they and the student will be told about their right to appeal to the Secretary General of the Department of Education and Science under section 29 of the Education Act 1988, and will be given information about how to appeal.

Implementing the suspension

Written notification
The Principal will notify the parents and the student in writing of the decision to suspend.  The letter will confirm:

• The period of the suspension and the dates on which the suspension will begin and end
• The reason for the suspension
• Any study programme to be followed
• Offer of meeting with the Counsellor upon return to school
• The arrangements for returning to school, including any commitments to be entered into by the student and the parents
• The provision for an appeal to the Board of Management
• The right to appeal to the Secretary General of the Department of Education and Science (Education Act 1998 section 29) if applicable.

Grounds for removing a suspension
A suspension may be removed if the Board of Management decides to remove the suspension for any reason or if the Secretary General of the Department of Education and Science directs that it be removed following an appeal under section 29 of the Education Act 1998.

Review of Policy: January 2010