Part 7 — Education Professions and Occupations Division 1 Responsibilities
213 Suspension of teacher
teacher has been guilty of gross misconduct, neglecting the
teacher's duty or refusing or neglecting to obey a lawful order of
the board, the board may suspend the teacher from the performance
of the teacher's duties.
(2) If a superintendent is authorized in writing to do so by the
board, the superintendent may suspend a teacher from the
performance of the teacher's duties without prior notice if the
superintendent is of the opinion that the welfare of students is
threatened by the presence of the teacher.
(3) The superintendent shall advise the board forthwith of a
suspension under subsection (2).
(4) The superintendent shall advise the teacher forthwith in writing
of the reasons for the suspension of the teacher.
(5) A suspension by a superintendent under subsection (2) is
deemed to be a suspension by the board under subsection (1) to
which subsection (6)(a) does not apply.
(6) The board shall
(a) give written notice of the suspension to the teacher
specifying the reasons for the suspension, and
(b) forward a copy of the notice of suspension together with a
written statement of the facts alleged to the Minister.
(7) If the Board of Reference under section 237 authorizes the
board to terminate a teacher's contract of employment, the board
may terminate that contract, and on so doing the board is deemed to
have acted reasonably.
(8) A board may reinstate a teacher who is suspended under
subsection (1) or (2) notwithstanding an appeal of the suspension,
and on reinstatement the teacher shall return to the performance of
the teacher's duties.
(9) Reinstatement under subsection (8) does not affect an appeal of
the suspension to the Board of Reference under section 231 or in
the absence of an appeal the power of the board to investigate or
terminate the teacher's contract of employment in accordance with
subsection (11).
(10) If the suspension is appealed to the Board of Reference and
the Board of Reference confirms the suspension, the board may
(a) reinstate the teacher, or
(b) terminate the teacher's con tract of employment, and the
board is deemed to have acted reasonably.
(11) If the teacher does not appeal the suspension to the Board of
Reference, the board may make an investigation of the
circumstances and may reinstate the teacher or terminate the
teacher's contract of employment in accordance with section 215.
(12) A teacher who is suspended must be paid the teacher's salary
until the teacher's contract of employment is terminated in
accordance with this Act.
(13) A board shall not employ a teacher who has been suspended
by another board while the suspension is in effect.
2012 cE-0.3 s213;2015 c6 s30