Part 7 — Education Professions and Occupations Division 1 Responsibilities
237 Order of Board of Reference
Reference may make an order doing one or more of the following:
(a) confirming the termination, suspension or refusal to give an
approval;
(b) changing the termination date of a contract of employment
or of a designation;
(c) directing the board
(i) to reinstate the cont ract of employment or the
designation of a teacher, or
(ii) to give the approval;
(d) removing the suspension;
(e) confirming the suspension and authorizing the board to
terminate the teacher's contract of employment;
(f) directing a board to pay to the teacher an amount of money
equivalent to the teacher's salary for a specified period;
(g) authorizing a board not to pay salary to the teacher for a
specified period;
(h) providing for any matter not referred to in clauses (a) to (g)
that the Board of Reference considers just in the
circumstances.
(2) In making an order under subsection (1)(c)(i) or (d), the Board
of Reference may take into consideration any matter that the Board
of Reference considers relevant, but in making that order the Board
of Reference must consider at least the following:
(a) whether the teacher is guilty of gross misconduct;
(b) whether the teacher refused to obey a lawful order of the
board without justification;
(c) the risk to the safety of students, co-workers and the tea cher;
(d) the ability of the teacher to perform teaching duties
effectively;
(e) the effect of reinstatement on the future relationship
between the board and the teacher;
(f) the possibility of recidivism;
(g) whether the reinstateme nt would have the effect of
undermining the confidence of Albertans in general in the
public education system;
(h) fairness to the teacher.
(3) Notwithstanding subsection (1), the Board of Reference shall
not make an order under subsection (1)(c)(i) or (d) if the Board of
Reference determines that
(a) the teacher should not be en gaged in teaching for a board, or
(b) there is just cause for terminating the contract of
employment or designation.
(4) Subsection (3) applies notwithstanding any technical or
procedural irregularity by any party to the appeal that may have
taken place in relation to the matter being appealed.
(5) The Board of Reference, unless the Minister directs or gives
permission to the Board of Reference to do otherwise, shall render
its decision, including any reasons on which the decision is based,
in respect of the matter being appealed within 45 days from the day
that the Board of Reference concludes its hearing of the appeal.
(6) For the purpose of subsection (5), the direction or permission
of the Minister may be given by the Minister before or after the end
of the 45-day period.