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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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Pls I need ur advice. I have a 10yr old boy in grade

Customer Question

Hello. Pls I need ur advice. I have a 10yr old boy in grade 4 in a Catholic schl in Toronto & he was suspended for 1 day from schl & d Principal copied d Superintendent of Education as well as d Ontario Record without proper investigation of what actually happened before making a decision. On d 29th of April, a call came from d school V. Principal that my boy was involved in a fight with another student & that my boy would be suspended from school for one day which would be April 30th. When I demanded the fact of d matter from d V. Principal, he said he wasn't there to witness d fight but he's acting based on what he was told by d Teacher supervising d children on d school court at break time & inferred that my boy was not d originator of d fight hence he's getting one day suspension while d other student, a grade 3 boy gets three days. But my boy's version of d matter was that he was a mediator between two students that we're fighting by separating them but following that, one of d two students fighting came after him with reigns of punches. According to my boy, he fled from d other boy who took after him with ferocious punches to my boy. My boy, left with no other choice had to push this aggressive boy & d other boy fell in d process & that was when d two were seen for d 1st time & while d only Supply Teacher at d field supervising came to see what d matter was, d other boy who wanted to land a punch on my boy instead landed d blow on d Supply Teacher's mouth. My boy tendered that there were three other students were present who all witnessed that he, my boy did nothing to provoke d other boy that might result in fighting other than peaceful separation of two students fighting. One thing that's worth mentioning here is that d school Principal who was not in school on that day of d incident called me, D mother of James, to inform me that my son James would stay home on April 30/15 as suspension that even though that my son James was not, to quote him, "the instigator"! So on d following day, April 30th, myself & my husband who's James father, in company of James went to d school to have a meeting with d school Principal even though we weren't invited. D Principal stated that James wasn't d instigator but that James ought to have ran to d school authority to report d incident. My husband them asked d Principal what he d Principal would have done to break loose from an attacker if he were to ever be confronted with such scenario & all d Principal could say was that he, d Principal had taught his own son if his son were ever been confronted with such situation to push d attacker away & run off to report afterwards! He further added that henceforth, things would be fine if James does d right thing in future. We said that we believe that James should be commended for his effort to break a fight as this children were taught even in d Catholic schools to be "Disciples of Christ". That line of discussion didn't go down well with d Principal who maintained that his job is to enforce & maintain discipline in school regardless of who's right or wrong & even said "on a case of probability where school policy is concerned as to whether a student committed an offence or not, d school's policy is...yes..d student did it"! We requested that d lady Supply Teacher on d field on that day be invited to d on going meeting, d Principal inferred that's against d school policy. D Principal didn't interview d three children present on that day but d funny thing is that d school Principal who twice admitted to us at d commencement of d meeting that James was not d instigator of d fight but when we demanded that d V. Principal be sought for his own account of d matter, d Principal who had all it takes at his disposal to summon d V. Principal instead went himself to call d V. P & when they both arrived, d Principal now changed his attitude & now saying that James actually was involved to d best of his knowledge. At this point, we have our doubts about d Principal's decision but we decided to take James home on that day being d 30th day of April, 2015 to serve his suspension. This was on Thursday. On Friday, James went back to school but came with a letter backdated to Wednesday April 29/15 saying that James is suspended for fighting & must stay home on d 30th of April & must inform him d Principal on his return to discuss his suspension's re entry plan & that we are at liberty to Appeal to d School's Superintendent of Education at*****E, Toronto. He copied d Superintendent of Education as well as d Ontario School records. We are hoping to Appeal d decision of d Principal his probability policy used which is obnoxious & reprehensible. Our son James never fought anyone in his life & he had been brought forward before or had problem with anyone or d school authority. Pls advise us. What do we do? We believe d Principal acted too harshly on James by trying to give him an unmerited record. Pls help. O. Ajibade
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Did you ask him about removing the suspension record from his permanent record?
Customer: replied 2 years ago.
Still waiting for your advice pls and thank you
Customer: replied 2 years ago.

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