Appeals & Fairness

Policy

SelfDesign Learning Community is dedicated to the appreciation of diversity, peace and non-violent communication.  In the event that informal meetings do not adequately resolve a dispute or complaint, this policy helps to maintain fairness and clarity while supporting diversity and respecting individual rights.

This policy applies to all members of the SelfDesign Learning Community including: learning consultants, learning specialists, learners enrolled in courses, education assistants, administration, and volunteers.

Procedural Fairness for Learners

Learners at SelfDesign Learning Community are considered co-journeyers on the road to learning. SelfDesign Learning Community acknowledges the possible difference in power relationships between the Learner – Educator relationship as aspects of the differences between adults and adolescents and children. To support the fair and respectful treatment of all persons involved in a situation involving learner discipline or disputes, SelfDesign Learning Community provides the following elements of procedural fairness:

  • 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.
  • Learners will always be treated with respect and dignity.
  • When a dispute arises concerning the transgression of an agreement, the learner(s) concerned will be presented with the basic facts of the complaint or concern in a timely fashion, and given the opportunity to tell their perspective of the event(s).

In serious cases, the learner(s), parent(s), and/or guardians will also be notified, and the following protocol will be followed:

  1. Fact finding: Through talking with the persons involved and/or reading any documentation, a concerted effort is made by a team appointed by the Principal to glean the basic facts of the situation without interpretation or evaluation.
    • Information considered 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 Principal that it is inappropriate for the team to mediate this meeting, a mediator from outside of SelfDesign Learning Community will be hired.
    • At the hearing it is required that the team or mediator will consider and implement guidelines for those involved to protect and prevent the complainant from retaliation.
  2. Documentation: All findings concerning disputes and complaints that proceed to a hearing will be recorded and kept in the appropriate individual files. Hearing minutes will be included in this.

Appeals Procedure

In the event that a parent and/or learner would like to dispute a decision made, the parent and/or learner can make an appeal in writing to the Principal of SelfDesign Learning Community and/or the President/CEO of SelfDesign Learning Foundation.
To ensure unbiased treatment, no one involved in the initial team can play a role in an appeal process, which will include a review of the procedures followed by the original decision-maker to ensure fairness and correctness.
After an appeal to the Principal and/or President/CEO has been reviewed and a decision made, any student, parent or legal guardian of a student affected by a 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 in writing setting out the basis for the complaint in reasonable detail. The complaint must set out the disputed decisions, procedures and actions of a 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;
  • failed to give adequate and appropriate reasons 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.

Review the AMS Omsbudperson policy here.