3: Suspensions

A suspension is a disciplinary action used by schools to temporarily remove a student from their classroom or school environment. It’s usually given when a student is believed to have broken school rules or the Code of Conduct. 

*Note: Your school can suspend you even if the incident did not happen on school property, if they believe that your actions have/had a negative impact on the school environment.

Under Ontario’s Education Act, students in Grades 4 to 12 can be suspended for certain activities like:

• Making physical threats

• Having or using alcohol, cannabis, or illegal drugs

• Swearing at a teacher or staff

• Damaging school property (vandalism)

• Bullying

• Other behaviours outlined in school policy

*Note: If you have engaged in an incident involving the Criminal Code, your school is required to suspend/expel you and start an investigation involving police. If you have been falsely accused (which oftentimes is the case for many marginalized students), be sure to seek legal representation. You can find legal resources on our ‘More’ page.

What a lot of families aren’t made aware of is the fact that students in Kindergarten to Grade 3 cannot be suspended. Instead, schools are required to use alternative approaches like:

• Conflict resolution

• Restorative practices

• Additional learning and behavioural supports

The 2 main types of suspensions are:

• In-school suspension: The student stays at school but is removed from class and placed in a supervised alternative space (i.e. principal’s office)

• Out-of-school suspension: The student is sent home for a number of days and cannot attend school or participate in school activities.

The Education Act outlines a specific process for suspensions:

1. Investigation: The school principal looks into what happened. This includes speaking with the student, others involved, and any staff or witnesses.

   *Note: If you have witnesses, you have a right to ask them to confirm your side of the story with the principal.

2. Decision: If the principal decides a suspension is necessary, they must clearly explain the reason.

3. Notification: Parents or guardians must be notified within 24 hours of the decision, and a written notice must be provided. This notice should include:

• The reason for the suspension

• How long it will last

• The student’s rights (like continuing education)

• Instructions/resources on how to appeal the decision (see ‘How can I appeal a suspensions?’ for more on this)

• Whether they are considering expulsion

Suspensions can last from 1 day to a maximum of 20 school days, depending on how serious the incident is thought to be.

There is no circumstance where a suspension should last for longer than 20 school days. If this occurs, we recommend reaching out for support with how to challenge this at our contact page education@djno.ca.

Even while suspended, students still have a right to learn:

• 1–5 days: The school should provide a homework package

• 6–10 days: An academic program must be offered, alongside a planning meeting and reintegration meeting with the school

• 11–20 days: A program must include academic and non-academic support (i.e. life skills, counseling), alongside a planning meeting and reintegration meeting with the school

  *Note: All of the above options should take Individual Education Plans (IEPs) as well as other disability-related accommodations into account.

If the suspension is more than 5 days, the school board must also schedule a reinstatement meeting (a meeting to introduce you back into the school after the suspension) with the student, family, and school staff. This is a chance to make sure everyone is clear on expectations and that supports are in place to help the student return successfully.

All details about the suspension are recorded in the student’s Ontario Student Record (OSR). All parents and guardians have the right to access their child’s OSR, and this is usually an important accountability measure for suspended youth.

See more about accessing a student’s OSR in Video 4: Expulsions. 

If you believe the suspension is unfair or the process wasn’t followed properly, you can appeal (in other words, challenge the suspension and try to get it cancelled/removed from your record).

Alongside your notice of suspension, your principal must provide information about the right to appeal (alongside copies of the school board’s policies/process for appealing) and the name of the supervisory officer that you must send your notice of appeal to.

Otherwise, here's some general information about how to appeal:

• Submit a written notice of appeal to the school board’s superintendent within 10 days of the suspension starting.

• The school board must schedule a hearing within 15 days of receiving your appeal (with the exception of situations where an extension has been agreed upon by the school board).

• To find your superintendent’s contact info: check your school’s website, ask the principal directly, or contact your school trustee for help. We can also help you find these contacts if you email us at education@djno.ca.

Remember that you have rights throughout the suspension process. You deserve transparency, support, and a fair process. If something feels off or unfair, trust your instincts and reach out for help.

At the appeal hearing, a committee of school board trustees will hear your side of the story, including any evidence about why your suspension is unjust.

You are able to bring community support people with you, alongside any witnesses, legal support and/or documentation that might support your case.

We would recommend you explain the importance of mitigating circumstances and/or progressive discipline in your situation, as well as any evidence of discrimination from the school—especially with respect to the school’s duty to accommodate your disabilities.

But remember that you are entitled to share only what you feel comfortable with.

The trustees will then decide whether to:

• Maintain the decision to suspend you

• Change the length of the suspension

• Cancel the suspension and/or remove the suspension from your record.

The decision made at the hearing will be final, but if you are not happy with it or feel that it is unfair, seek legal advice.