Administrative Appeal against School Violence Committee Measures

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Receiving notice of measures
2. 2Filing an administrative appeal
3. 3Applying for a stay of execution
4. 4Superintendent's answer
5. 5Hearing
6. 6Decision
7. 7Cancellation of measures and deletion from the school record
8. 8Administrative lawsuit if dismissed

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Decision within 60 days from the day the commission receives the petition (extendable by 30 days)

Cost

No filing fee; fees for issuing evidence documents and lawyer fees are separate

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   You receive the superintendent's notice of the decision on measures. The date of receipt is the basis for counting the 90 days, so keep the envelope together with the date you received it. The 90 days is a peremptory period (a period that is not extended). So it is safest to start writing the petition within 60 days at the latest.

   Current step
2. 2

   Submit a petition to the administrative appeals commission of the provincial or metropolitan office of education within 90 days from the day you learned of the measures and within 180 days from the day the measures were taken (Administrative Appeals Act §23, §24, §27). In the petition, state the reasons for seeking cancellation or change (mistaken facts, procedural violations, excessive measures), and attach the statements, written opinions and the notice of the deliberation result. You can also file through the online administrative appeals website. There is no fee.

3. 3

   For measures carried out right away, such as a transfer, suspension from attendance or class transfer, apply for a stay of execution (a decision stopping the effect until the appeal is decided) together with the petition (Administrative Appeals Act §30). If you do not, the measures are carried out before the decision. The entry in the school record stays as is while the appeal is under way. So if university admission dates are at stake, act quickly.

4. 4

   The superintendent (the disposition authority) submits an answer within 10 days from the day the petition is received (Administrative Appeals Act §24). The commission sends a duplicate (copy) to the petitioner. If the facts stated in the answer differ, submit a supplementary brief and additional evidence. Your rebuttal must be submitted in writing so the commission can see it when deciding.

5. 5

   An administrative appeal is heard orally or in writing. If you request an oral hearing, the commission must hold one unless it finds that the case can be decided on the documents alone (Administrative Appeals Act §40(1)). The hearing covers the facts, whether the deliberation committee followed the procedures, and whether the level of the measures is appropriate.

6. 6

   The commission issues its decision (the ruling on the appeal) within 60 days (extendable by 30 days) from the day it receives the petition (Administrative Appeals Act §45). The written decision is served on the petitioner (Administrative Appeals Act §48), and the day of service is the basis for the next period for challenging.

7. 7

   If the petition is granted (decision upholding the claim), the superintendent cancels or changes the measures in line with the decision. The school deletes or corrects the entry in the school record (Administrative Appeals Act §49). A decision upholding the claim binds the superintendent (Administrative Appeals Act §49(1)).

8. 8

   If the petition is not granted (decision dismissing the claim), file a lawsuit to cancel the measures in the administrative court, naming the superintendent as defendant, within 90 days from the day you receive the written decision (Administrative Litigation Act §20). If you do not file a lawsuit, the measures become final.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere and how do I file an administrative appeal, and how much does it cost?

Submit a petition to the administrative appeals commission of the provincial or metropolitan office of education. You can also file through the online administrative appeals website. There is no filing fee.You may submit the petition either to the superintendent (the disposition authority, the body that imposed the measure) or to the commission. The filing period is judged by when the petition was submitted there.

QHow are the 90 days counted? Is the day of receipt included?

Do not count the day you received the notice; start counting from the next day. If the last day falls on a Saturday or public holiday, the period ends on the following day.This period is a peremptory period (a period that cannot be extended). So it is safest to file within 60 days.

QCan the victim's side also file an administrative appeal?

Yes, it can. If the victim's side finds the measures against the offending student too light, it can also file an administrative appeal (a procedure to challenge a decision before an administrative body) within the same period.

QCan a guardian file on the student's behalf?

Yes, they can. If the student is a minor, the guardian files as the legal representative.List both the student and the guardian in the petition, and attach documents proving legal representation according to the commission's guidance. You can file without a lawyer.

QWhat happens to the entry in the school record during the appeal?

The entry stays as is during the appeal. This is because filing an administrative appeal does not stop the effect of the measures. The Supreme Court has held that if there is a decision suspending the effect of a school violence measure, the school must immediately delete the measure from the school record.In other words, merely adding the words "stay of execution in effect" is not enough. If you have obtained a stay of execution (temporarily stopping the effect of the decision) from the administrative appeals commission, check with the school how the entry is handled.

QWhich should I do first, an administrative appeal or an administrative lawsuit?

You can choose either one, or you can file a lawsuit after going through the administrative appeal. An administrative appeal costs nothing and must be decided within 60 days after the petition is received (extendable by 30 days), but it is decided by a body within the education office.An administrative lawsuit (a lawsuit challenging the decision in court) takes money and time, but a court decides it. If you lose the appeal, you can file a lawsuit within 90 days from the day you receive the written decision.