The Superintendent may transfer a teacher in accordance with Section 212 of the Education Act. The teacher may make a written request to the Board to have a hearing before the Board for the purpose of objecting to the transfer.

Specifically:

1. Transfers
1. A teacher who has been given a notice of transfer by the Superintendent must make a written request to the Board to have a hearing before the Board for the purpose of objecting to the transfer within seven days of receipt of the transfer notice.
2. The request for a hearing before the Board shall be submitted by the teacher to the Secretary-Treasurer with a copy being provided to the Superintendent.
3. The Board may set a date and time for the hearing requested not earlier than 14 calendar days after the teacher received the notice of transfer, unless the teacher agrees in writing to an earlier date.
4. The Secretary-Treasurer shall advise the teacher in writing of the date, time and location of the hearing.
2. Procedure at Hearings
1. The hearing shall be conducted at a closed session of the Board, and chaired by the Chair, or in the Chair’s absence, the Vice-Chair or designate.
2. The Chair will introduce all parties, and the parties or their representative shall introduce all witnesses at the hearing. Representatives may include but are not limited to legal representation and union or association delegates. The names of any witnesses that may be attending to provide relevant information to the hearing must be submitted five business days prior to the hearing to the Secretary-Treasurer. The Secretary-Treasurer may request justification of the relevancy of the witness’s testimony.
3. The sequence of the hearing shall be as follows:
   1. The Superintendent  or designate will provide a statement that may include written and oral presentation, including any evidence by witnesses where appropriate;
   2. The Teacher or representative will provide a statement that may include written and oral presentation, including any evidence by witnesses where appropriate;
   3. The Superintendent or designate will be provided the opportunity to respond to the Teacher’s presentation;
   4. The Teacher or representative will be provided the opportunity to respond to the Superintendent or designate’s presentation;
   5. The Board will be provided the opportunity to ask questions of clarification of both parties, and any of the other witnesses;
   6. The Superintendent or designate will be provided the opportunity to make final comments;
   7. The Teacher or representative will be given the opportunity to make final comments;
   8. No cross-examination of witnesses shall be allowed unless the Chair deems it advisable.
4. The Board will meet without the respective parties to the appeal in attendance to arrive at a decision regarding the appeal. The Board may have the Secretary-Treasurer or legal counsel in attendance. Once the Board makes its decision on the matter the Board will consider a motion to move into a regular or special Board meeting in order to consider the resolution.
5. If the Board requires additional information or clarification in order to make its decision, both parties will be recalled to appear before the Board and the request for information will be made in the presence of both parties. If the information is not readily available, the Chair may request a recess, or if necessary an adjournment of the hearing to a later date. In the case of an adjournment, members of the Board are prohibited from disclosing the evidence presented or matters raised at the hearing, either amongst themselves or with the parties and their representatives or witnesses until the hearing is reconvened.
6. The Board decision will be communicated to the teacher, in writing, following the hearing.