Appeal process
Jurisdiction
Section 14 of the Teacher Certification Regulations sets out the authority of the Teacher Certification Board to hear appeals of the decision of the Registrar to issue, suspend or cancel a certificate to teach in the Yukon.
“board” means the teacher certification board;
“committee” means the certification appeal committee named under subsection 14(1)
1. Appeals
1. (1) The board will act as a certification appeal committee.
(2) The committee may establish rules and procedures for considering an appeal,
determining evidence, and conducting a hearing.
(3) The committee will receive and consider appeals against;
a) Any decision of the registrar regarding the evaluation of
applications, issuance of certificates, and validation or expiration of
certificates; and,
b) Any recommendation of the registrar to the minister regarding the
suspension or cancellation of a certificate.
(4) An appeal must be submitted to the committee in writing, within
ninety days of the date of the registrar’s decision, and be accompanied
by a statement of reasons for the appeal and any relevant documentation.
(5) The committee will establish, within a reasonable time, a date for the
hearing of the appeal.
(6) The appellant and the registrar may:
(a) attend and be represented at the hearing; and
(b) make a written or oral submission at the hearing.
(7) The committee may confirm, vary or overturn a decision or a
recommendation of the registrar and will notify in writing and within a
reasonable time, the appellant, the registrar and the minister of its
decision and reasons therefor.
2. Consideration of an Appeal
2.1. In order for an appeal to be consider it must meet the following criteria.
2.1.1. The request must concern a decision of the Registrar regarding
2.1.1.1. the issuance of a certificate, or
2.1.1.2. the suspension or cancellation of a certificate
2.1.2. The appeal must be received by the Board
2.1.2.1. in writing, within ninety days of the date of the Registrar’s
decision;
2.1.2.2. include a statement of the appellant specifying the order sought,
the grounds of the application, and any relevant documentation;
and
2.1.2.3. include if language translation services are required if other than
English.
2.2. Prior to hearing an appeal the Board may
2.2.1. decide not to hear it if it is not within the jurisdiction of the Board,
or
2.2.2. defer hearing it if the matter is being addressed in another process,
for example, the courts or another investigation.
3. Establishing a Hearing
3.1. At least a majority of the Board will hear the appeal.
3.1.1. A Committee member may participate in the hearing by phone or
videoconference.
3.1.2.Only those Committee members participating in the hearing will
be involved in the decision.
3.1.3. If a member believes they have a real, perceived or potential bias
or conflict of interest with any aspect of an appeal they will inform
the Board who will make the final decision regarding whether or
not to excuse the member from hearing the appeal. This process
may include discussions with the representatives of the appeal.
3.2. A Committee member, other than the Assistant Deputy Minister of
Public Schools, elected by a majority of the Committee participating
in the hearing, will chair the appeal.
3.3. A hearing should be established in a timely manner but with sufficient
notice to the appellant and the Registrar for them to prepare. The
Committee will provide notice in writing to the parties.
3.4. The Registrar and appellant must provide to the other party, with
sufficient time for its due consideration,
3.4.1. the information that each will present to the Committee for its |
consideration – within the bounds of privacy, security and
confidentiality and
3.4.2. a summary of anticipated evidence provided by any witness
called by that party.
3.5. The appellant may attend in person, or participate through phone or
videoconference, and be represented at the hearing.
3.6. The Registrar will attend in person, through phone or videoconference,
and may also have counsel at the hearing.
3.7. The Committee will maintain a record of the hearing.
3.8. The hearing will not be open to the public.
3.9. A request to change the date or location of an appeal may be made by
the appellant in writing. As well, the request will set out the reasons
for the request and be delivered to the Board and the Registrar.
3.9.1. A request for a change under 3.9 must be made as soon as the
appellant knows the reason for the change. A failure to make the
request as soon as practicable may be a factor when the
Committee considers the request.
4. Conducting a Hearing
4.1. Call to Order
4.1.1. The Chair will:
4.1.1.1. call the appeal to order,
4.1.1.2. have the parties introduce themselves,
4.1.1.3. establish that both the appellant and the Registrar agree that
the Committee has jurisdiction to hear the matter,
4.1.1.4. clarify that the purpose of the hearing is to confirm, vary or
overturn the decision of the Registrar for the reasons outlined
in the appellant’s appeal.
4.2. Opening Statements
4.2.1. Both parties have the opportunity to describe their case without
objection or interruption from the other side, beginning with the
appellant. Generally, each party tells the Committee what the case
is about, what is in dispute, where there is agreement, how the
evidence will be presented (e.g. affidavit, verbal testimony,
documents), who the parties are and the remedy that is being
requested.
4.2.2. After both sides have completed their opening statements, the
Chair may take a few minutes to clarify the nature of the dispute
and address any procedural questions or issues that may have
been raised.
4.3. Evidence
4.3.1. The parties present the facts upon which the Committee will
make its decision. This is done through submission of written
documents and the testimony of witnesses. Once the appellant
has presented his/her evidence, the same process is followed for
evidence from the Registrar.
4.4. Witnesses
4.4.1. Witnesses will be asked by the chair to:
4.4.1.1. spell their names for the record
4.4.1.2 make the following affirmation: “I, [name] solemnly
affirm that the evidence to be given by me shall be the truth,
the whole truth and nothing but the truth.”
4.4.2. For each witness, the presentation of evidence is in the
following order:
4.4.2.1. direct examination - the presentation of evidence by the
party’s witness
4.4.3. cross-examination - the examination of the party’s witness by
the opposing party’s representative
4.4.4. re-examination - this is the opportunity to clarify the
testimony of a witness by the party that initially called that
witness.
4.4.4.1. re-examination will occur if confusion arises in the
course of cross-examination, or to further question the |
witness regarding new matters raised in cross-examination.
Re-examination cannot be used to have the party’s witness
reiterate what was already said, nor can it be used to
introduce new matters not touched upon during the original
direct examination of the witness.
4.4.5. The Committee may also ask questions of a witness at any
time during his/her testimony. The parties will then be given an
opportunity to ask questions of the witness arising from any
questions asked by the Chair.
4.5. Privacy Interests
4.5.1. In order to protect the privacy interests of a person about
whom information may be disclosed in the course of a hearing
the Committee may make an order respecting the use or
disclosure of that information by the person to whom it is
disclosed including
4.5.1.1. placing limits on or restricting the copying, scanning or
any other duplication of that information, and
4.5.1.2. expressly limiting its use to the preparation for and
responding to an appeal.
4.6. Argument
4.6.1. Each party should remind the Committee of key evidence
that was presented through witness testimony or documents,
explain the significance of the evidence and how it supports
their case, and give reasons for the Committee to disregard
evidence that is contrary to the case being made.
4.7. Rebuttal
4.7.1. The appellant can argue against any points raised by the
Registrar that were not addressed in his/her own argument. It
is not an opportunity to repeat or to reargue his/her case.
5. Making the Decision
5.1. The appellant has the burden of proof, meaning that the obligation is
on them to prove to the Committee that the Registrar’s decision is
wrong and that they are correct.
5.2. The civil standard of proof is proof on a balance of probabilities.
The Committee must decide whether or not it happened. There is no room for a finding that it might have happened. The law operates a binary system in which the only values are zero and one. The fact either happened or it did not. If the tribunal is left in doubt, the doubt is resolved by a rule that one party or the other carries the burden of proof. If the party who bears the burden of proof fails to discharge it, a value of zero is returned and the fact is treated as not having happened. If he does discharge it, a value of one is returned and the fact is treated as having happened. The only practical way in which to reach a factual conclusion in a civil case is to decide whether it is more likely than not that the event occurred.
Lord Hoffmann, House of Lords, UK
5.3. The Committee has three options:
5.3.1. confirm the decision/recommendation of the Registrar
5.3.2. overturn the decision/recommendation of the Registrar
5.3.3. vary the decision/recommendation of the Registrar
6. Reporting the Decision
6.1. In a timely manner, the Committee will provide, a written decision
containing the following elements, to the appellant, the Registrar and
the Minister of Education:
6.1.1. introduction – including the jurisdiction of the Committee to
make judgment
6.1.2. the issues to be decided
6.1.3. background/facts
6.1.4. position of the parties
6.1.5. analysis of each issue and the Committee’s conclusion, issue by issue
6.1.6. conclusion – the Committee’s decision and consequences.
6.2. In order to render prompt decisions and reasons, the Committee shall,
unless the Committee determines otherwise in the circumstances of a
particular case, utilize the following process:
6.2.1. deliberate and, where feasible, reach a preliminary decision on
the day that the hearing is concluded or the day after the
hearing is concluded;
6.2.2. assign one member of the Committee to write the first draft of
the decision and reasons;
6.2.3. agree upon a specified time period for the first draft to be
written, which shall usually not be more than 14 days afterwards;
6.2.4. the assigned member shall then circulate the first draft to the
other members of the Committee who will comment on the draft
reasons promptly;
6.2.5. If the Committee needs to reassemble, it may be in person, by
phone or videoconference, at a time available to all members of
the Committee.
6.2.6. The goal is to release the written final decision and reasons
within one month from the conclusion of the hearing.
6.3. Failing to comply with the process, adding additional steps to the
process, adopting a different process or failing to release the final
decision and reasons within one months does not affect the validity of
the decision and reasons.
Section 14 of the Teacher Certification Regulations sets out the authority of the Teacher Certification Board to hear appeals of the decision of the Registrar to issue, suspend or cancel a certificate to teach in the Yukon.
“board” means the teacher certification board;
“committee” means the certification appeal committee named under subsection 14(1)
1. Appeals
1. (1) The board will act as a certification appeal committee.
(2) The committee may establish rules and procedures for considering an appeal,
determining evidence, and conducting a hearing.
(3) The committee will receive and consider appeals against;
a) Any decision of the registrar regarding the evaluation of
applications, issuance of certificates, and validation or expiration of
certificates; and,
b) Any recommendation of the registrar to the minister regarding the
suspension or cancellation of a certificate.
(4) An appeal must be submitted to the committee in writing, within
ninety days of the date of the registrar’s decision, and be accompanied
by a statement of reasons for the appeal and any relevant documentation.
(5) The committee will establish, within a reasonable time, a date for the
hearing of the appeal.
(6) The appellant and the registrar may:
(a) attend and be represented at the hearing; and
(b) make a written or oral submission at the hearing.
(7) The committee may confirm, vary or overturn a decision or a
recommendation of the registrar and will notify in writing and within a
reasonable time, the appellant, the registrar and the minister of its
decision and reasons therefor.
2. Consideration of an Appeal
2.1. In order for an appeal to be consider it must meet the following criteria.
2.1.1. The request must concern a decision of the Registrar regarding
2.1.1.1. the issuance of a certificate, or
2.1.1.2. the suspension or cancellation of a certificate
2.1.2. The appeal must be received by the Board
2.1.2.1. in writing, within ninety days of the date of the Registrar’s
decision;
2.1.2.2. include a statement of the appellant specifying the order sought,
the grounds of the application, and any relevant documentation;
and
2.1.2.3. include if language translation services are required if other than
English.
2.2. Prior to hearing an appeal the Board may
2.2.1. decide not to hear it if it is not within the jurisdiction of the Board,
or
2.2.2. defer hearing it if the matter is being addressed in another process,
for example, the courts or another investigation.
3. Establishing a Hearing
3.1. At least a majority of the Board will hear the appeal.
3.1.1. A Committee member may participate in the hearing by phone or
videoconference.
3.1.2.Only those Committee members participating in the hearing will
be involved in the decision.
3.1.3. If a member believes they have a real, perceived or potential bias
or conflict of interest with any aspect of an appeal they will inform
the Board who will make the final decision regarding whether or
not to excuse the member from hearing the appeal. This process
may include discussions with the representatives of the appeal.
3.2. A Committee member, other than the Assistant Deputy Minister of
Public Schools, elected by a majority of the Committee participating
in the hearing, will chair the appeal.
3.3. A hearing should be established in a timely manner but with sufficient
notice to the appellant and the Registrar for them to prepare. The
Committee will provide notice in writing to the parties.
3.4. The Registrar and appellant must provide to the other party, with
sufficient time for its due consideration,
3.4.1. the information that each will present to the Committee for its |
consideration – within the bounds of privacy, security and
confidentiality and
3.4.2. a summary of anticipated evidence provided by any witness
called by that party.
3.5. The appellant may attend in person, or participate through phone or
videoconference, and be represented at the hearing.
3.6. The Registrar will attend in person, through phone or videoconference,
and may also have counsel at the hearing.
3.7. The Committee will maintain a record of the hearing.
3.8. The hearing will not be open to the public.
3.9. A request to change the date or location of an appeal may be made by
the appellant in writing. As well, the request will set out the reasons
for the request and be delivered to the Board and the Registrar.
3.9.1. A request for a change under 3.9 must be made as soon as the
appellant knows the reason for the change. A failure to make the
request as soon as practicable may be a factor when the
Committee considers the request.
4. Conducting a Hearing
4.1. Call to Order
4.1.1. The Chair will:
4.1.1.1. call the appeal to order,
4.1.1.2. have the parties introduce themselves,
4.1.1.3. establish that both the appellant and the Registrar agree that
the Committee has jurisdiction to hear the matter,
4.1.1.4. clarify that the purpose of the hearing is to confirm, vary or
overturn the decision of the Registrar for the reasons outlined
in the appellant’s appeal.
4.2. Opening Statements
4.2.1. Both parties have the opportunity to describe their case without
objection or interruption from the other side, beginning with the
appellant. Generally, each party tells the Committee what the case
is about, what is in dispute, where there is agreement, how the
evidence will be presented (e.g. affidavit, verbal testimony,
documents), who the parties are and the remedy that is being
requested.
4.2.2. After both sides have completed their opening statements, the
Chair may take a few minutes to clarify the nature of the dispute
and address any procedural questions or issues that may have
been raised.
4.3. Evidence
4.3.1. The parties present the facts upon which the Committee will
make its decision. This is done through submission of written
documents and the testimony of witnesses. Once the appellant
has presented his/her evidence, the same process is followed for
evidence from the Registrar.
4.4. Witnesses
4.4.1. Witnesses will be asked by the chair to:
4.4.1.1. spell their names for the record
4.4.1.2 make the following affirmation: “I, [name] solemnly
affirm that the evidence to be given by me shall be the truth,
the whole truth and nothing but the truth.”
4.4.2. For each witness, the presentation of evidence is in the
following order:
4.4.2.1. direct examination - the presentation of evidence by the
party’s witness
4.4.3. cross-examination - the examination of the party’s witness by
the opposing party’s representative
4.4.4. re-examination - this is the opportunity to clarify the
testimony of a witness by the party that initially called that
witness.
4.4.4.1. re-examination will occur if confusion arises in the
course of cross-examination, or to further question the |
witness regarding new matters raised in cross-examination.
Re-examination cannot be used to have the party’s witness
reiterate what was already said, nor can it be used to
introduce new matters not touched upon during the original
direct examination of the witness.
4.4.5. The Committee may also ask questions of a witness at any
time during his/her testimony. The parties will then be given an
opportunity to ask questions of the witness arising from any
questions asked by the Chair.
4.5. Privacy Interests
4.5.1. In order to protect the privacy interests of a person about
whom information may be disclosed in the course of a hearing
the Committee may make an order respecting the use or
disclosure of that information by the person to whom it is
disclosed including
4.5.1.1. placing limits on or restricting the copying, scanning or
any other duplication of that information, and
4.5.1.2. expressly limiting its use to the preparation for and
responding to an appeal.
4.6. Argument
4.6.1. Each party should remind the Committee of key evidence
that was presented through witness testimony or documents,
explain the significance of the evidence and how it supports
their case, and give reasons for the Committee to disregard
evidence that is contrary to the case being made.
4.7. Rebuttal
4.7.1. The appellant can argue against any points raised by the
Registrar that were not addressed in his/her own argument. It
is not an opportunity to repeat or to reargue his/her case.
5. Making the Decision
5.1. The appellant has the burden of proof, meaning that the obligation is
on them to prove to the Committee that the Registrar’s decision is
wrong and that they are correct.
5.2. The civil standard of proof is proof on a balance of probabilities.
The Committee must decide whether or not it happened. There is no room for a finding that it might have happened. The law operates a binary system in which the only values are zero and one. The fact either happened or it did not. If the tribunal is left in doubt, the doubt is resolved by a rule that one party or the other carries the burden of proof. If the party who bears the burden of proof fails to discharge it, a value of zero is returned and the fact is treated as not having happened. If he does discharge it, a value of one is returned and the fact is treated as having happened. The only practical way in which to reach a factual conclusion in a civil case is to decide whether it is more likely than not that the event occurred.
Lord Hoffmann, House of Lords, UK
5.3. The Committee has three options:
5.3.1. confirm the decision/recommendation of the Registrar
5.3.2. overturn the decision/recommendation of the Registrar
5.3.3. vary the decision/recommendation of the Registrar
6. Reporting the Decision
6.1. In a timely manner, the Committee will provide, a written decision
containing the following elements, to the appellant, the Registrar and
the Minister of Education:
6.1.1. introduction – including the jurisdiction of the Committee to
make judgment
6.1.2. the issues to be decided
6.1.3. background/facts
6.1.4. position of the parties
6.1.5. analysis of each issue and the Committee’s conclusion, issue by issue
6.1.6. conclusion – the Committee’s decision and consequences.
6.2. In order to render prompt decisions and reasons, the Committee shall,
unless the Committee determines otherwise in the circumstances of a
particular case, utilize the following process:
6.2.1. deliberate and, where feasible, reach a preliminary decision on
the day that the hearing is concluded or the day after the
hearing is concluded;
6.2.2. assign one member of the Committee to write the first draft of
the decision and reasons;
6.2.3. agree upon a specified time period for the first draft to be
written, which shall usually not be more than 14 days afterwards;
6.2.4. the assigned member shall then circulate the first draft to the
other members of the Committee who will comment on the draft
reasons promptly;
6.2.5. If the Committee needs to reassemble, it may be in person, by
phone or videoconference, at a time available to all members of
the Committee.
6.2.6. The goal is to release the written final decision and reasons
within one month from the conclusion of the hearing.
6.3. Failing to comply with the process, adding additional steps to the
process, adopting a different process or failing to release the final
decision and reasons within one months does not affect the validity of
the decision and reasons.
