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ARTICLE · 20 MARCH 2020

Review Board Criticizes School's Investigation Report

Borden Ladner Gervais LLP
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In a recent appeal filed under section 311.7 of the Education Act, the Child and Family Services Review Board (the CFSRB) overturned and quashed the expulsion of a student (the Student).

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In a recent appeal filed under section 311.7 of the Education Act, the Child and Family Services Review Board (the CFSRB) overturned and quashed the expulsion of a student (the Student). The Student allegedly committed sexual assault, sexual harassment, bullying,and was alleged to have contributed to an "underground culture" of sexualized behaviour and talk that pervaded a Grade 8 classroom. 

In reaching its decision, the CFSRB weighed two important takeaways for students: the need to deter inappropriate behaviour involving sexual violence, and the right of every accused individual to be afforded a fair and just proceeding that allows him or her to challenge any allegations made against them. Ultimately, the CFSRB found that the case put forth by the responding Halton

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