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