This page explains how School District 38 (Richmond) expects students, parents, and community members to raise concerns or pursue formal appeals. The district provides a structured complaint pathway through Policy 103 – Complaints and Appeals, followed by a formal appeal process under section 11 of the School Act.

Unlike some districts, SD38 integrates both complaint resolution and formal appeals into a single bylaw, with clearly defined steps and timelines.

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How the district frames complaints

SD38 frames complaints as a process grounded in respectful communication, collaboration, and fairness.

The district emphasises:

• resolving concerns through direct, good faith communication
• maintaining positive relationships
• ensuring decisions are fair, confidential, and timely
• addressing concerns at the point closest to where they arise

Parents and students are expected to attempt resolution through the complaint process before initiating a formal appeal.

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Complaints procedure (informal resolution)

SD38 provides a structured escalation pathway for resolving concerns.

Step 1: Employee

Concerns should first be discussed directly with the employee involved.
If this is not possible or does not resolve the issue, the process moves to the next step.

Step 2: Principal or designate

If unresolved, the concern is brought to the school principal, who will help mediate and work toward resolution.

Step 3: Assistant Superintendent

If still unresolved, a written complaint is submitted to the Assistant Superintendent.
The district will review the matter and provide a written response, typically within 5 school days.

Step 4: Superintendent

If the concern remains unresolved, a written complaint is submitted to the Superintendent.
The Superintendent reviews the matter and provides a final decision on the complaint, typically within 5 school days.

This step marks the end of the complaint process.

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Formal appeal process

If the complaint process does not resolve the issue, and the matter significantly affects a student’s education, health, or safety, a formal appeal to the Board may be initiated.

Importantly:

👉 A failure to make a decision is treated as a decision for the purpose of appeal.

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Filing an appeal

To begin an appeal:

• A written Notice of Appeal must be submitted to the Secretary-Treasurer
• The appeal must normally be filed within 15 business days of completing the complaint process (unless extended for good reason)

The Notice of Appeal must include:

• student and parent/guardian information
• the decision being appealed
• the date the decision was communicated
• the employee responsible
• the grounds for appeal and remedy sought
• the impact on the student’s education, health, or safety
• a summary of steps taken to resolve the issue

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Initial review and screening

Once submitted:

• The Secretary-Treasurer reviews the appeal for completeness and timeliness
• The Superintendent conducts a preliminary assessment of whether the issue significantly affects the student
• The Board determines whether the matter meets the criteria to proceed as an appeal

The Board may refuse to hear an appeal if:

• the complaint process was not followed
• the issue does not meet the significance threshold

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What can be appealed

Appeals are limited to decisions that significantly affect a student’s education, health, or safety.

Examples include:

• suspensions or exclusions
• transfers for disciplinary reasons
• placement in educational programs
• promotion or graduation decisions
• failure to provide or consult on an Individual Education Plan
• serious bullying, harassment, or safety concerns

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Board review and hearing

If the appeal proceeds:

• The Secretary-Treasurer prepares a report and gathers submissions
• The Board may consider written submissions or hold an oral hearing
• Appellants may bring an advocate, interpreter, or legal representation (with notice)
• The Board may investigate further or request additional information

Hearings are conducted in-camera (confidentially).

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Decision

The Board:

• considers all evidence and submissions
• may uphold, deny, or vary the original decision
• issues a written decision with reasons
• must decide the appeal within 45 days of receiving the Notice of Appeal

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Provincial appeal

If the Board’s decision does not resolve the matter, the decision may be appealed to the Superintendent of Appeals (Superintendent of Achievement) under section 11.1 of the School Act.

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Complete escalation pathway

Step 1: Discuss concern with the employee involved
Step 2: Escalate to the principal or designate
Step 3: Submit written complaint to the Assistant Superintendent
Step 4: Submit written complaint to the Superintendent (final complaint decision)
Step 5: Submit Notice of Appeal to the Secretary-Treasurer
Step 6: Board review, possible hearing, and decision
Step 7: Provincial appeal to the Superintendent of Achievement

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Guiding principles

• Concerns should be addressed at the source whenever possible
• Respectful, collaborative communication is expected
• The complaint process must be completed before appeal
• Appeals apply only to significant impacts on a student
• Timelines are defined and relatively short (5-day responses; 15-day appeal window; 45-day Board decision)

Official district source

• • Bylaw 103 – Complaints and Appeals by Students, Parents/Guardians, and the Public

 

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flowchart TD
    A([Concern arises]) --> B[Step 1: Discuss the concern with the employee involved]
    B --> C{Resolved?}

    C -- Yes --> Z([Matter resolved])
    C -- No --> D[Step 2: Escalate to the principal or designate]
    D --> E{Resolved?}

    E -- Yes --> Z
    E -- No --> F[Step 3: Submit written complaint to the Assistant Superintendent]
    F --> G[Assistant Superintendent reviews the matter and provides a written response]
    G --> H{Resolved?}

    H -- Yes --> Z
    H -- No --> I[Step 4: Submit written complaint to the Superintendent]
    I --> J[Superintendent reviews the matter and provides a final complaint decision]
    J --> K{Resolved?}

    K -- Yes --> Z
    K -- No --> L[Formal appeal may be available if the decision or failure to decide significantly affects the student's education, health, or safety]

    L --> M[Submit written Notice of Appeal to the Secretary-Treasurer]
    M --> N[Appeal must normally be started within 15 business days after completion of the complaint process]
    N --> O[Secretary-Treasurer reviews for completeness and timeliness]
    O --> P[Superintendent and Board review whether the matter meets the significance threshold]
    P --> Q{Appeal accepted?}

    Q -- No --> R[Board may refuse to hear the appeal]
    Q -- Yes --> S[Secretary-Treasurer gathers documents, invites responses, and prepares a report]

    S --> T[Board considers written submissions and may hold an in person hearing]
    T --> U{Hearing needed?}

    U -- No --> V[Board decides based on written materials]
    U -- Yes --> W[In camera Board hearing with presentations and questions]

    V --> X[Board deliberates and issues a written decision with reasons]
    W --> X
    X --> Y{Satisfied with Board decision?}

    Y -- Yes --> Z
    Y -- No --> AA[Provincial appeal to the Superintendent of Achievement]