Let’s face it, whenever we are affected by the decisions of another person we want to be treated fairly. We want the other person to take into account our views and beliefs, as well as the views of others, and to arrive at a decision that is not based on bias or prejudice, but is arrived at impartially, openly, honestly and in an informed manner.

There is probably no time when we demand fairness more than when we have been accused of something. And, certainly, whenever we get punished for something, the idea of whether we deserved punishment or the type of punishment that we got, always seems to creep into our minds. In other words, if we’re going to be punished, we want to be treated fairly. In this discussion, we are going to focus on the issue of fairness in the discipline process.

First, we want to introduce you to two concepts related to the idea of fairness when dealing with people who can punish you:

1. DUE PROCESS Is found in criminal law, and requires the state and its agents (police, prosecutors, judges, etc.) to treat you fairly and observe your rights during the course of an investigation, arrest and trial. An example of a due process right is section 11d from the Charter.

   11. Any person charged with an offence has the right...
   
   d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.

2. PROCEDURAL FAIRNESS Is found primarily in administrative law, and requires government agents who make decisions to treat you fairly during the decision-making process. For example, you might expect procedural fairness if you are appealing a decision of the Motor Vehicle Branch. Suppose someone at the Motor Vehicle Branch decided to take away your licence because they feel that you are a menace behind the wheel. You would want, and expect, to have an opportunity to appeal that decision and to present your side of the case, and that the person hearing your appeal would be unbiased.

Because decisions by schools don’t usually involve you going to jail to hit rocks with a sledgehammer, issues of procedural fairness are more likely to come up. However, schools can send you to their very own version of "the big house"—the detention hall. The good news is: you have the right not to be held without good reason:

9. Everyone has the right not to be arbitrarily detained or imprisoned.

The bad news is: while technically detention hall does involve a deprivation of liberty (yours), through the command of a government agent (your teacher), it is unlikely that the Courts will be sympathetic to your case. This is because being sent to detention hall does not carry legal consequences.

Another thing to think about before you try to claim this right is whether your detention was actually justified. One of the things that the Courts are interested in is whether a detention is "arbitrary", meaning that someone was detained without a good reason. For example, if you are stuck in the principal’s office after school for gluing someone’s hair to a desk, it is unlikely that anyone will think the detention was arbitrary.

1. Being able to tell your side of the story
   
   
2. Receiving punishment that is not more serious than the misconduct
   
   
3. Having a right to appeal decisions of teachers and school staff.

>> contact your school board for information on its appeal process.
>> notify the board of your desire to appeal as soon as possible. Most decision-making bodies require appeals to be filed within specified time limits. The School Act requires notification of an appeal within "reasonable time" limits; however, a board could define reasonable as anywhere from thirty days to a year.

 

1. new information regarding the matter under appeal has arisen and/or
   
   
2. it can be clearly shown that the decision was inconsistent with the principles of administrative fairness and natural justice.

1. Should Ravi be suspended for a day? Why or why not?
   
   
2. Do you feel that the punishment is equal to the “crime”?
   
   
3. If Ravi and his parents feel that this decision isn’t fair, what actions could they take?