Discipline in middle school or high school

Verified 31 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

Your child committed violence or a serious act in his school or high school? The head of the school then initiates disciplinary proceedings. He may decide himself to punish the pupil. He or she must refer a case to the school's Disciplinary Board when a staff member is the victim of physical violence. In exceptional cases, it may refer the matter to the departmental disciplinary council. We present you with the information you need to know.

Decision of the head of establishment

The head of the establishment decides alone if disciplinary proceedings are necessary, possibly at the request of a member of the educational community.

The decision whether or not to initiate disciplinary proceedings cannot be appealed to the court.

The head of the institution may prohibit your child from entering the institution for at least 2 days before imposing a penalty.

This is not a sanction, but an exceptional measure.

The procedure shall be laid down in rules and regulations establishment's.

Your child is informed of the allegations against him and can consult his file.

Within at least 2 years working days, he shall have the right to present his case orally or in writing and to be assisted by a person of his choice.

You can also comment.

The head of the establishment must justify the penalty he/she takes. It shall also indicate the remedies and time limits for appeal.

The decision is sent to you and your child by registered letter or by hand.

The head of the establishment shall enter him in a register of penalties.

The head of the establishment may pronounce sanctions following:

  • Warning
  • Blame
  • Accountability Measure up to 20 hours maximum
  • Temporary exclusion from class for up to 8 days
  • Temporary exclusion from establishment for up to 8 days

FYI  

the reprieve may be pronounced for the accountability measure and the temporary exclusion from the class or establishment. An accountability measure may be decided to replace the temporary exclusion from the class or institution with your child's consent.

The penalties are recorded in your child's administrative file. They're there kept for a limited period.

There are two types of recourse: administrative and litigation.

Administrative appeal

Your child, or yourself if he is a minor, can make a administrative appeal against the decision of the head of establishment within 2 months after the notification of the decision.

This appeal may be submitted to the head of school (ex gratia appeal) or to the academic authority (hierarchical appeal).

Who shall I contact

Litigation

Your child, or yourself if he is a minor, can make a litigation against the penalty pronounced by the head of the establishment.

This appeal must be lodged with the administrative court of the place of the school within a period of 2 months after the notification of the penalty.

You can also make a litigation against a decision rejecting delivered after an administrative appeal within a period of 2 months after notification of the rejection decision.

Who shall I contact

Disciplinary Board Meeting

The competent board is that of the school where the student is enrolled.

The composition of the Disciplinary Board is different in middle school and high school.

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In middle school

Composition

The Disciplinary Board shall consist of the following 14 members:

  • 9 members of the institution: the head of the institution, his assistant, 1 senior education advisor (SCE), the manager of the institution and 5 elected staff representatives
  • 3 elected representatives of parents of pupils
  • 2 elected student representatives

All members are members of the institution's board of directors.

Election of members

Representatives are elected by their peers on the occasion of 1re meeting of the Management Board following its election.

The election shall be held by proportional representation, with the strongest remaining for the representatives of pupils, teaching staff and parents of pupils.

The election shall be held by first-past-the-post ballot for administrative, social and health, technical, manual and service staff.

In the event of a tie, the youngest of the candidates shall be declared elected.

Each member must have an alternate, appointed under the same conditions.

In high school

Composition

The Disciplinary Board shall consist of the following 14 members:

  • 9 members of the institution: the head of the institution, his assistant, 1 senior education advisor (SCE), the manager of the institution and 5 elected staff representatives
  • 2 elected representatives of parents of pupils
  • 3 elected student representatives.
Election of members

Representatives of staff and parents of pupils are elected by their peers on the occasion of the 1re meeting of the Management Board following its election.

Student representatives are elected by student delegates at their 1re meeting in general assembly.

The election shall be held by proportional representation, with the strongest vote remaining for the representatives of the teaching staff and parents of pupils.

It takes place in a 1-round multi-member ballot for student representatives.

The election shall be held by first-past-the-post ballot for administrative, social and health, technical, manual and service staff.

In the event of a tie, the youngest of the candidates shall be declared elected.

Each member must have an alternate, appointed under the same conditions.

The head of the institution decides whether to convene the Disciplinary Board.

Where a member of the educational community has requested in writing the meeting of the Disciplinary Board, the head of the school shall notify to that person his decision to refuse and to state the reasons on which it is based.

FYI  

the head of the establishment must seize obligatory the Disciplinary Board if a staff member of the institution has been the victim of physical violence.

The head of the school may prohibit your child from entering the school until the meeting of the Disciplinary Board.

This is not a penalty but an exceptional measure.

Summons

The school head sets the date for the session.

He summons your child, yourself and possibly the person responsible for defending him by registered letter or hand-delivered against signature.

The head of the establishment shall summon the following persons by any means, including by e-mail:

  • Person who requested the student's appearance
  • Witnesses who can enlighten the board on the student's alleged actions. If they are minors, their legal representatives must also be summoned
  • Members of the Board

Summonses must be sent at least 5 days before the date of the sitting.

For security reasons, the head of the school may relocate the disciplinary board to another school or to the premises of the academic inspectorate.

Conduct of the Board

The chairman of the Disciplinary Board shall state the facts.

The council hears your child. You and the person assisting him can also speak if you so request.

The President also gave the floor to the following speakers:

  • 2 teachers in the class (appointed by the head teacher)
  • 2 class delegates
  • Person who requested the student's appearance
  • Witnesses who may enlighten the Board on the student's allegations
  • Anyone who can provide useful information about the student

Each party must present its arguments.

The Disciplinary Board shall deliberate by secret ballot by a majority of the votes cast.

The Chairman shall inform you forthwith of the Board's decision.

This decision shall be notified by registered letter, together with an indication of the time limits and possible remedies.

The Board may issue sanctions following:

  • Warning
  • Blame
  • Accountability Measure up to 20 hours maximum
  • Temporary exclusion from class for up to 8 days
  • Temporary exclusion from establishment for up to 8 days
  • Final exclusion from establishment

FYI  

the reprieve may be pronounced for the accountability measure and the temporary exclusion from the class or establishment. An accountability measure may be decided to replace the temporary exclusion from the class or institution with your child's consent.

The penalties are recorded in your child's administrative file. They're there kept for a limited period.

Administrative appeal

A decision of a disciplinary board may be the subject of an administrative appeal to the rector of the academy.

Who shall I contact

This remedy must be made within 8 days which follow the written notification of the sanction.

The appeal can be made by your child (or yourself if he or she is a minor) or by the head of the school.

The rector of the academy makes his decision after consulting an academic appeal board.

The decision must be taken within a period of1 month from the date of receipt of the appeal.

Litigation

In order to appeal to the administrative tribunal, obligatory have lodged an administrative appeal with the rector of the academy.

Your child, or yourself if he is a minor, can challenge the decision of the rector of the academy when it is unfavorable.

The litigation must be brought before the administrative court of the place of the school within a period of 2 months after notification of the decision of the rector of the academy.

The court rules on the decision of the rector of the academy and not on the sanction imposed by the disciplinary council.

Who shall I contact

Departmental Disciplinary Board Meeting

The Departmental Disciplinary Board consists of the following members:

  • Academic Director of National Education Services ( Dasen: titleContent) or its representative
  • 2 representatives of management
  • 2 representatives of teaching staff
  • 1 representative of school staff
  • 1 main board of education
  • 2 representatives of parents of pupils
  • 2 student representatives.

These representatives (except Dasen: titleContent ) are all members of an establishment disciplinary board.

They are appointed for 1 year by the rector of the academy.

To convene the departmental disciplinary council, the Dasen: titleContent must be seized by the head of establishment where the following grounds are met:

  • Of acts of serious injury to persons or property
  • Risk to the serenity of the council, the order or safety of the establishment

Your child must have been definitively excluded of a school or have been the subject of criminal proceedings for the same facts.

The head of the school may prohibit your child from entering the school until the departmental disciplinary board is convened.

This is not a sanction, but an exceptional measure.

Summons

The school head sets the date for the session.

He summons your child, yourself and possibly the person responsible for defending him by registered letter or hand-delivered against signature.

The head of the establishment shall summon the following persons by any means, including by e-mail:

  • Person who requested the student's appearance
  • Witnesses who can enlighten the board on the student's alleged actions. If they are minors, their legal representatives must also be summoned
  • Members of the Board

Summonses must be sent at least 5 days before the date of the sitting.

For security reasons, the head of the school may relocate the disciplinary board to another school or to the premises of the academic inspectorate.

Conduct of the Board

The chairman of the Disciplinary Board shall state the facts.

The council hears your child. You and the person assisting him can also speak if you so request.

The President also gave the floor to the following speakers:

  • 2 teachers in the class (appointed by the head teacher)
  • 2 class delegates
  • Person who requested the student's appearance
  • Witnesses who may enlighten the Board on the student's allegations
  • Anyone who can provide useful information about the student

Each party must present its arguments.

The Disciplinary Board shall deliberate by secret ballot by a majority of the votes cast.

The Chairman shall inform you forthwith of the Board's decision.

This decision shall be notified by registered letter, together with an indication of the time limits and possible remedies.

The Board may issue sanctions following:

  • Warning
  • Blame
  • Accountability Measure up to 20 hours maximum
  • Temporary exclusion from class for up to 8 days
  • Temporary exclusion from establishment for up to 8 days
  • Final exclusion from establishment

FYI  

the reprieve may be pronounced for the accountability measure and the temporary exclusion from the class or establishment. An accountability measure may be decided to replace the temporary exclusion from the class or institution with your child's consent.

The penalties are recorded in your child's administrative file. They're there kept for a limited period.

Administrative appeal

A decision of a disciplinary board may be the subject of an administrative appeal to the rector of the academy.

Who shall I contact

This remedy must be made within 8 days which follow the written notification of the sanction.

The appeal can be made by your child (or yourself if he or she is a minor) or by the head of the school.

The rector of the academy makes his decision after consulting an academic appeal board.

The decision must be taken within a period of1 month from the date of receipt of the appeal.

Litigation

In order to appeal to the administrative tribunal, obligatory have lodged an administrative appeal with the rector of the academy.

Your child, or yourself if he is a minor, can challenge the decision of the rector of the academy when it is unfavorable.

The litigation must be brought before the administrative court of the place of the school within a period of 2 months after notification of the decision of the rector of the academy.

The court rules on the decision of the rector of the academy and not on the sanction imposed by the disciplinary council.

Who shall I contact

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