KNOW YOUR RIGHTS
Exclusions

4: General Legal Advice on Exclusions

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OVERVIEW

This is the 4th of 4 videos in our short series on Exclusions, in collaboration with ARCH Disability Law Centre.

This video offers practical guidance for students and families navigating an exclusion.

You will learn:

  • how to recognize when an exclusion has happened

  • how to document it

  • what steps can be taken to challenge it, including appeals and other legal options

  • the importance of advocating for your rights and seeking support when needed

You can find the transcription for this video here (including visual descriptions for the video).

Refer to our glossary if you’re having trouble understanding any of the terms in this series.

How do you know when an exclusion has occurred?

It can be challenging to determine if and when a student has been excluded. Each exclusion is unique to the facts of the situation. 

How do you document an exclusion?

If you think a student has been excluded consider the following steps: 

  1. Obtain proof of the exclusion in writing. Request a written letter from the school explaining why the exclusion has occurred, the conditions required for the student’s return, and instructions on the process to appeal the exclusion. 

  2. Provide the school with a written letter. Explain your reasons for disagreeing with the exclusion. 

  3. File an appeal. Each appeal process may differ by schoolboard. These appeals are heard by a schoolboard’s Board of Trustees. At the appeal the Trustees can either remove the exclusion or agree with the principal. A person appealing the exclusion is allowed to have support and representation throughout the process. 

  4. File a human rights discrimination claim. If the appeal is unsuccessful, and the student remains not in school, you can consider filing a human rights claim at the Human Rights Tribunal of Ontario (HRTO). Claims must be filed within 1 year of the discrimination occurring. 

  5. Apply for judicial review. By filing for judicial review, you are asking the court to find that the decision to exclude the student and the appeal decision were unreasonable. Applications for judicial review must be filed within 30 days of the appeal board’s decision. 

*Note: Persons interested in appealing an exclusion, filing a human rights claim with the HRTO, or filing for a judicial review should consider consulting ARCH Disability Law Centre, for legal advice on these processes.