Policy Statement
SelfDesign Learning Foundation is committed to supporting procedural fairness and the respectful treatment of all persons involved in a situation involving learner disputes.
Definitions
Dispute – a disagreement, argument, or debate
Policy
SelfDesign Learning Community will provide all learners with:
- Clear expectations for participation at SelfDesign Learning Community
- Respect and dignity
- Essential facts of an allegation provided when notified of an accusation of breaking the rules
- Opportunity to be heard/give their perspective
- Appeal process
- No retribution for making an appeal
In the case of a serious dispute, the learner(s) parent(s)/guardian(s) will be notified and SelfDesign Learning Community will be diligent to gather all the facts and provide all parties a chance to share their perspective. All findings and hearings will be recorded, documented, and filed.
Protocol
Clear Expectations
Upon completion of the enrolment agreement, learners will know what is expected of them regarding their participation at SelfDesign Learning Community in both the program agreements and SelfDesign policies
Respect and Dignity
SelfDesign Learning Community acknowledges that all learners have the right to be treated with respect and dignity, and will treat all learners with respect and dignity.
Facts of the Allegation in a Timely Manner
When a learner is accused of a transgression of an agreement, they will be notified in a timely manner of what they are accused of and provided with the essential facts of what they allegedly have done.
Opportunity to be Heard
When a dispute arises concerning the transgression of an agreement, the learner(s) concerned will be given the opportunity to tell their perspective of the event(s).
Serious Disputes
In the case of a serious dispute, the learner(s) parent(s)/guardian(s) will be notified and SelfDesign Learning Community will:
- Through talking with the persons involved and/or reading any documentation, a concerted effort will be made by a team appointed by the school principal to glean the basic facts of the situation without interpretation or evaluation
- Be diligent to gather all the facts
- Information consider by the team will be shared with all involved
- The team will conduct a meeting with the persons involved in the dispute to review the situation, with the mandate to decide how best to resolve it
- If for any reason it is decided by the school principal that it is inappropriate for the team to mediate this meeting, a mediator from outside of the SelfDesign Learning Community will be hired
- At the hearing, it will be required that the team or mediator will consider and implement guidelines for those involved to protect the complainant from retaliation
- Report, document, and file all findings
- All findings concerning the dispute(s) and complaint(s) that proceed to a hearing will be recorded and kept in the appropriate individual’s file.
- Hearing minutes will also be recorded and kept in the appropriate individual’s file.
Appeal Process
Appealing a Decision
In the event that a learner or parent(s)/guardian(s) would like to dispute a decision made, the learner or parent(s)/guardian(s) can make an appeal in writing to the school principal and/or the president/CEO of the SelfDesign Learning Foundation.
To ensure unbiased treatment
- No one involved in the initial team can play a role in an appeal process
- A review of the procedures followed by the original decision-maker will be done to ensure fairness and correctness
Appealing an Appeal to the AMS Ombudsperson
After an appeal to the school principal and/or president CEO has been reviewed and a decision made, any learner or parent/guardian of a learner affected by the decision, recommendation, act, or omission of an independent school or school authority may ask the Associate Member Society (AMS) Ombudsperson to conduct an investigation of the complaint.
A complaint must be made in writing, setting out the basis for the complaint in reasonable detail. The complaint must set out the disputed decisions, procedures, and actions of the school on the basis of one or more of the following:
- The complainant was treated in a manner contrary to the principles of natural justice, or related to the application of arbitrary, unreasonable or unfair procedure
- That the school applied a policy incorrectly or inconsistently
- That the decision, procedure, or action was contrary to the philosophy and mission of the school
- acted for an improper purpose
- The school failed
- Failed to give adequate and appropriate reason in relation to the nature of the matter
- Was negligent or acted improperly
- There was unreasonable delay in dealing with the subject matter of the investigation
The complainant must agree at the time of making the complaint to accept the Ombudsperson as an unbiased party in the complaint and not to compel the Ombudsperson to give evidence in a court or in other proceedings of a judicial nature in respect of anything coming to the Ombudsperson’s attention in the course of investigating of the complaint. If the complainant does not accept the Ombudsperson as an unbiased person in the matter in dispute, the complainant may ask the AMS to designate another ombudsperson for that matter.
No Retribution for Appeal
SelfDesign Learning Foundation will protect the complainant from retaliation.
Standard Operating Procedure
N/A
Related Documents
- Associate Member Society School’s Ombudsperson Policy
- Independent School Information for Administrators
- Procedural Fairness Best Practice Guidelines for Independent Schools
Contact
If you have questions about this policy, please contact the school principal at principal@selfdesign.org.