This page explains how School District 40 (New Westminster) expects parents, students, and community members to raise concerns or pursue formal appeals. The district provides a complaint pathway through its “Resolving a Complaint or Concern” process, followed by a formal appeal process governed by Policy 13 – Appeals Bylaw under section 11 of the School Act.

SD40 separates its informal complaint process (published publicly) from a more detailed and procedural appeal bylaw.

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How the district frames complaints

SD40 frames complaints as a process of respectful, collaborative problem-solving.

The district emphasises:

• resolving concerns through meaningful and respectful dialogue
• maintaining positive relationships
• understanding different perspectives
• working toward mutually acceptable solutions

Concerns are expected to be addressed informally first, with escalation only when necessary.

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Complaint resolution (informal process)

SD40 provides a structured escalation pathway beginning with self-resolution.

Step 1: Self-resolution

Parties are encouraged to:

• share concerns directly
• clarify the issue
• understand each other’s perspectives
• work toward a mutually acceptable solution

If unresolved, the process moves to school-level mediation.

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Step 2: Principal or supervisor mediation

The concern is brought to a principal or supervisor, who will:

• gather information
• document the issue
• attempt to mediate a resolution

If unresolved, the issue is escalated to district-level staff.

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Step 3: District mediation

The concern is escalated to the Director of Instruction and/or Associate Superintendent.

• documentation from earlier steps is reviewed
• parties may meet with district staff
• the Superintendent may become involved
• the Superintendent attempts to resolve the issue and communicates the outcome

If unresolved, the matter may proceed to a formal appeal.

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Formal appeal process (Policy 13)

If the complaint process does not resolve the issue, a parent or student may appeal a decision that significantly affects the education, health, or safety of a student.

Importantly:

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

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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 longer than 5 days
• exclusion for health reasons
• placement in educational programs
• promotion or graduation decisions
• refusal to offer an educational program to an eligible student

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Structure of the appeal process

SD40 has a highly structured, multi-step appeal process that mirrors and extends the complaint pathway.

Step 1: Meet with the employee

The appellant meets with the employee who made the decision.

Step 2: Meet with the principal

The appellant meets with the principal (and employee), with documentation shared and reviewed.

Optional step: Appeal sub-committee

In some cases, the matter may be referred to an internal sub-committee for review and recommendation.

Step 3: Assistant Superintendent / Director of Instruction

District-level staff review the matter, attempt resolution, and provide written reasons.

Step 4: Superintendent

The Superintendent reviews all information and attempts to resolve the appeal.

Step 5: Appeal to the Board

If unresolved, a written Notice of Appeal is submitted and the Board determines whether to hear the appeal.

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Filing an appeal

To initiate a Board appeal:

• A written Notice of Appeal (Form P13-01) must be submitted to the Superintendent
• The Superintendent must respond within 48 hours with information about the process

The district emphasises that:

• the process should proceed in a timely manner
• all parties must receive relevant documentation
• appellants may bring a support person throughout the process

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Board review and hearing

If the appeal proceeds:

• The Board reviews documentation and decides whether a hearing is appropriate
• If granted, both parties are invited to present their case
• The appellant may bring a support person or advocate
• The Board considers only the decision under appeal

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Decision

The Board:

• evaluates fairness, evidence, and reasonableness
• issues a written decision with reasons
• communicates the decision to all parties

The decision is final within the district.

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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 Achievement under section 11.1 of the School Act.

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Complete escalation pathway

Step 1: Attempt self-resolution with the other party
Step 2: Escalate to principal or supervisor
Step 3: Escalate to Director of Instruction / Associate Superintendent
Step 4: Superintendent review and decision
Step 5: Formal appeal steps (employee → principal → district staff → Superintendent)
Step 6: Submit Notice of Appeal to the Board
Step 7: Board review, possible hearing, and decision
Step 8: Provincial appeal to the Superintendent of Achievement

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Guiding principles

• Concerns should be resolved through respectful dialogue first
• Informal resolution is expected before formal appeal
• The process is highly structured and multi-layered
• Appeals apply only to significant impacts on a student
• Failure to act may be treated as a decision

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Official District Resources

• Resolving a Complaint or Concern (New Westminster Schools)
• Appeals Bylaw (Board Policy 13)

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flowchart TD
    A([Concern or complaint arises]) --> B[Step 1: Self-resolution<br/>share concerns directly<br/>clarify the issue<br/>try to reach a mutually acceptable solution]
    B --> C{Resolved?}

    C -- Yes --> Z([Matter resolved])
    C -- No --> D[Step 2: Principal or supervisor mediation]
    D --> E[Principal or supervisor gathers information<br/>documents the issue<br/>attempts resolution]
    E --> F{Resolved?}

    F -- Yes --> Z
    F -- No --> G[Step 3: District mediation<br/>Director of Instruction and or Associate Superintendent reviews the matter]
    G --> H[Superintendent may become involved<br/>and communicates the outcome]
    H --> I{Resolved?}

    I -- Yes --> Z
    I -- No --> J[Appeals Bylaw may apply if the decision or failure to decide significantly affects the student's education, health, or safety]

    J --> K[Submit written Notice of Appeal to the Superintendent]
    K --> L[Superintendent informs appellant of the appeal steps within 48 hours]

    L --> M[Appeal Step 1: Meet with the employee involved]
    M --> N{Resolved?}

    N -- Yes --> Z
    N -- No --> O[Appeal Step 2: Meet with the principal or designate and the employee]
    O --> P{Resolved?}

    P -- Yes --> Z
    P -- No --> Q{Use optional Appeal Sub-Committee?}

    Q -- Yes --> R[Appeal Sub-Committee reviews the matter<br/>and recommends a decision to the Superintendent]
    R --> S{Resolved?}

    S -- Yes --> Z
    S -- No --> T[Appeal Step 3: Meet with the Assistant Superintendent or Director of Instruction]
    Q -- No --> T

    T --> U{Resolved?}

    U -- Yes --> Z
    U -- No --> V[Appeal Step 4: Meet with the Superintendent]
    V --> W{Resolved?}

    W -- Yes --> Z
    W -- No --> X[Appeal Step 5: Board reviews the information and decides whether a hearing is appropriate]
    X --> Y{Board hearing granted?}

    Y -- No --> AA[Board notifies parties in writing that no hearing will be held]
    Y -- Yes --> AB[Board hearing takes place<br/>appellant may bring a support person]

    AA --> AC([Appeal ends])
    AB --> AD[Board considers fairness<br/>reasonableness<br/>evidence<br/>and applicable policy]
    AD --> AE[Board issues written decision with reasons]
    AE --> AF{Satisfied with Board decision?}

    AF -- Yes --> Z
    AF -- No --> AG[Provincial appeal to the Superintendent of Achievement]