DISCIPLINARY HEARINGS EXPLAINED When your child faces a disciplinary hearing at school it can feel daunting for both your child – and you. Thank you, Villager – and Bergvliet High School principal – Stephen Price for this invaluable advice you offered when a parent asked if they should consider involving a lawyer for their son’s hearing, and whether he could adjust the statement he had given about the incident: 1 You don’t need a lawyer. You can be 1. in the hearing with your son to support him. Lawyers simply make a hearing messy. In the many, many hearings I have instituted over 15 years, only three brought lawyers and to be frank they made matters worse. 2 You are quite within your rights to 2. issue a new statement. You can explain in this statement why you are making a new statement. You can submit that statement before or at the hearing. 3 Your son is entitled to bring his own 3. witnesses to “prove” his version of events. This might be difficult because he is suspended but if he gives you some names, you can contact the school to tell them you are approaching witnesses. You have a right to do so. These should be independent witnesses who can VERIFY your son’s version and not his buddies simply telling fibs on his behalf. 4 You are entitled to all the evidence 4. against your son BEFORE the hearing in order for you to prepare for the hearing. Ask the school to provide the evidence… video evidence or written statements from their witnesses. 03
5 I suggest you search online for 5. Provincial Gazette 6939 which details ALL the processes of a hearing. It outlines precisely what can and must happen. 6 Once you have prepared his version of 6. events and witnesses etc, you need to prepare a statement of mitigation. This is basically a statement in which you ask the SGB to soften (mitigate) the consequences for specific reasons. This is used if he is found guilty and they ask you for arguments in mitigation… like first offense, show remorse, apologise etc… a belligerent attitude denying everything and not taking responsibility doesn’t go down well. Propose suspension from school… and even time served… and counselling… and ask them not to recommend expulsion. 7. 7 Remember this is a hearing NOT a court case. The “worst” the SGB can do is RECOMMEND expulsion to the WCED. That is assuming this is a WCED school and not a private school. The school will have to show what interventions they applied to help your son with his “previous misconduct” assuming he has been in trouble regularly for misconduct rather than serious misconduct. FOMO #12
