Trustee Code of Conduct Appeal Regulation

Trustee Code of Conduct Appeal Regulation, M.R. 114/2015 The Public Schools Act , C.C.S.M. c. P250 Regulation 114/2015 Registered July 9, 2015 bilingual version (HTML) Definition 1 The following definitions apply in this regulation. "parties" means the trustee who appeals a sanction and the school board that imposed the sanction. (« parties ») "sanction" means a sanction imposed under item 2 or 3 of subsection 35.2(1) of The Public Schools Act . (« sanction ») Notice of appeal by trustee 2(1) To appeal a sanction, a trustee must provide the following to the minister within 10 days of the sanction being imposed: (a) a copy of the school board's motion to sanction the trustee; (b) a written statement setting out (i) the particular sanction or sanctions the trustee wishes to appeal, and (ii) the reasons for the appeal. 2(2) The minister must provide a copy of the trustee's written statement to the school board. Appointment of adjudicator 3(1) In appointing a person as an adjudicator, the minister is to have regard for the person's experience, knowledge or training in the subject matter and any legal issues to be dealt with in the appeal, as well as the person's aptitude for impartial adjudication. 3(2) When appointing an adjudicator, the minister may seek the input of the parties, but is not required to do so. 3(3) As soon as reasonably practicable after appointing the adjudicator, the minister must give the parties written notice of the appointment. Time period for adjudicator to determine matter 4(1) Within 30 days of being appointed, or such longer period as the parties may agree, the adjudicator is to hear and determine the matter. 4(2) An adjudication is to be conducted in person or, if the parties agree, may be conducted without an oral hearing. Determination 5 An adjudicator must give his or her determination to the parties in writing, and in issuing the determination, must provide a copy of the determination to the minister as soon as reasonably practicable.