Prep School Boarding & Day Exclusions Policy
Exclusions Policy
Exclusions Policy & Review Procedure
Introduction
The Clayesmore Prep School (EYFS to Y8) Terms and Conditions state: “The Head of the School shall have the absolute right to require the immediate removal of any pupil whose conduct is, in the Head’s opinion, unacceptable in which event no repayment of fees shall be due from the school.”
How might exclusion arise?
1. Asking a pupil to leave Clayesmore Prep is a very serious step to take, and the Head would only take it in extremis. Our natural inclination is to find a way in which lessons can be learned, even if this might have to include a lengthy suspension from the School, without resorting to permanent exclusion.
2. The need to ask a pupil to leave could arise after a number of misdemeanours, in which case, it is fair to assume that “the writing has been on the wall” for a while. For example, for certain misdemeanours, such as bullying or rudeness to a member of staff, pupils go through the steps in the discipline system, which is explained in the Behaviour Management policy. The level on the discipline system depends on the individual circumstances of the incident. Thus a senior pupil who is very violent to a younger pupil would be dealt more severely than one who had a violent argument with a peer. On each occasion a Pupil Progress Slip is filled in and the Head can refer to this placement on the next occasion.
3. In a similar fashion, a pupil who over a period of time shows quite clearly that they are not prepared to fit in with the Clayesmore Prep way of life and is constantly in trouble may be asked to leave even though the nature of their problem is not in itself a serious breach of discipline.
4. Undoubtedly the most unfortunate and upsetting situation is when a pupil does something that no one has expected which happens to be of a nature that makes it impossible for that pupil to remain a member of the Prep School. Such situations would include a pupil who admits to, or who has been caught, bringing drugs into the School, a pupil caught or discovered to have been stealing either within the School or elsewhere, pupils caught or admitting to performing intimate sexual acts whilst at school or on a school trip, a pupil who assaults another pupil or a member of staff, or a pupil who repeatedly bullies other pupils. Wanton damage to property, serious misbehaviour or unruliness of any sort would be other reasons why a pupil should leave the School, as would a serious breach of the law. However, this list is not meant to be exhaustive and young people do the most surprising things which is why the clause in the prospectus and on the Application for Entrance form are worded as they are.
Fairness and the interview procedure
1. Once it is clear to a tutor, the Head of Boarding, the Assistant or Deputy Head that they are dealing with an incident that might require a pupil to leave, they will inform the Head at the earliest opportunity. It must be understood that the Prep School has a duty to its pupils to investigate any serious incident as fully as possible and in order to do this, a pupil may be asked to remain in the Medical Centre or to go home and stay out of contact (in their own interests) whilst investigations continue.
2. The Deputy Head and/or the Assistant Head will be responsible for the initial stages of any investigation including interviewing pupils and asking them to write statements. The pupil or pupils under investigation will be asked to nominate a supporting member of staff to be with them or to help them with the interview or with writing a statement. This might be their tutor, the Head of Boarding, one of the sisters/matrons or any other teacher, as long as the interviewer agrees with the choice, and that staff member is reasonably available.
3. At the earliest opportunity, the facts, as far as they are known, will be placed before the Head who will ensure that parents have been informed. The Head will then interview the pupil in the presence of the Deputy Head or the Assistant Head and, if the interviewee wishes, their supporter – this will always be offered.
4. If the final decision is that the pupil should leave the Prep School, the Head will inform the Chairman of Governors and inform the parents and the pupil at the earliest opportunity. This decision will be confirmed at the earliest opportunity in writing.
5. At all points in the interviewing process the pupil’s welfare will be uppermost in the minds of staff involved and every attempt will be made to treat them with courtesy, dignity and as pleasantly as possible.
6. Pupils and their parents must appreciate that however much we may wish to forgive young people their transgressions, in any community there are rules, which are for the greater good of that community and its members. However regrettable, young people, as they seek their way in this world, step too far across lines to be allowed, for the greater good of the community, to remain, and justice must be seen to be done as it is in the wider world. That does not mean that in many cases we do not seek to offer forgiveness and understanding, and that the Head will do all in his power to ensure a smooth transfer to another school.
Appeal or review procedure
These guidelines are non-contractual in nature. They have been prepared for the information and guidance of all who may be concerned in a review hearing following expulsion or the required removal of a pupil from Clayesmore Prep.
Applying for a review hearing
1. Parents/Guardians should apply for a review of a decision to expel or require removal, using the “Request for Review” form attached. The form must be received by the Clerk to the Governors (Bursar) within five working days of receipt of the written notification of the decision in question.
2. Unless there are exceptional circumstances the review hearing will take place within fourteen days of the removal or expulsion, and may be sooner if convenient to all parties.
3. Each member of the Review Panel will be supplied with a copy of any relevant documents including a report on the pupil’s conduct to date. Parents or guardians are entitled to copies of all those documents save any, which, in the opinion of the Head, should not be disclosed.
The Review Panel
The Review Panel will consist of three members of the School’s Governing Council who will have no previous detailed knowledge of the case and will not normally include the Chairman of Governors.
The Review Hearing
1. The Review Hearing will take place at the Prep School. Those present at the hearing will normally be:
Members of the Review Panel
The Head
The Deputy Head and/or the Assistant Head
The parents or those with parental responsibility
The pupil
Clerk to the Governors
2. The parents or guardians may be accompanied by a friend or relation if they wish, however, it should be noted that this person attends as a friend and not as a representative.
3. Seven clear days’ notice to the Clerk to the Governors is required if the parents or guardians wish to be accompanied by a friend or a relation who is legally qualified. Such a person should not be someone whom the parents or guardians have instructed, or intend to instruct, in legal proceedings.
4. The proceedings will be chaired by one member of the Review Panel and will be conducted in an informal manner. All statements made at the hearing will be unsworn. Although the proceedings will not be tape recorded the Clerk to the Governors will be asked to keep minutes of the main points that arise. All present will be entitled, should they so wish, to write their own notes. The hearing shall be directed at all times by the Chairman of the panel who will conduct the hearing in such a manner as to ensure that all those present have the opportunity of asking questions and making comments.
5. All those attending the hearing are expected to show courtesy, restraint and good manners. The Chairman may in his or her discretion adjourn or terminate the hearing. If the hearing is terminated the original decision will stand.
6. The Panel will consider each of the queries raised by the parents or guardians so far as these are relevant to:
a) Whether the facts of the case, so far as they relate to the pupil, were sufficiently proved when the decision was taken to expel or to require removal of the pupil. The standard of proof will be the balance of probability, and …
b) whether the sanction was warranted, ie, proportionate to the breach of discipline or other events that are found to have occurred. The requirements of natural justice will apply.
7. If the Head considers it necessary in the interests of the individual or the Prep School that the identity of any person should be withheld, the Chairman of the Panel may require that the name of that person and the reasons for withholding it be written down and shown to the Review Panel. The Chairman in his/her discretion may direct that the person be identified.
8. When the Chairman of the Panel decides that all issues have been sufficiently discussed and if by then there is no consensus he/she will send away all those attending so that the Review Panel what course of action to take.
9. The decision of the Review Panel will either be to advise the Head that they agree with the decision, or that he should reconsider the case, but the final decision still rests with the Head. Parents or guardians will be notified by the Chairman of the Review Panel or the Chairman of Governors by letter or telephone within three days of the hearing of the final outcome and this will be taken as the final decision.
DATE CREATED: June 2004
DATE FOR NEXT REVIEW: May 2005
REVIEWED March 2009