On April 1, 2021, James and his two friends played catch in the School hallway. James and Ivan pushed each other as they tried to recover a yellow tennis ball. Moments after the ball was thr
Rely only on the fact pattern in this question and the materials listed in the course syllabus to answer the following questions. You may assume that I have provided you with all relevant information in the fact pattern and Appendix A. BACKGROUND FACTS Philip Bonsu (“Mr. Bonsu”) is the father of James Bonsu (“James”), who attends Apple Tree Secondary School (the “School”). On April 1, 2021, James and his two friends played catch in the School hallway. James and Ivan pushed each other as they tried to recover a yellow tennis ball. Moments after the ball was thrown and fumbled by James, Mr. Allen, a Math teacher at the School, saw James in the act of pushing Ivan. James was immediately taken to the principal’s office. When James arrived at the office, principal Adam Smith (“Mr. Smith”) was speaking with a local School District Trustee, Justin Zachariah (“Mr. Zachariah”). Mr. Zachariah noticed James at the office door and commented, “Oh, looks like you have another troublemaker on your hands. Can’t wait to hear about it at dinner next week” before he headed out of the office. Mr. Smith briefly speaks with James. James is not asked to provide his version of events; however, Mr. Smith asks if James pushed Ivan. James confirmed that he had. Mr. Smith subsequently called Mr. Bonsu to inform him that James would be immediately suspended for five days. Mr. Bonsu was informed that James was being suspended for a “violent offence” but was not provided further details. THE APPEAL On April 8, 2021, Mr. Bonsu was concerned that he still had not received any documentation from the School about why James was suspended and, more importantly, how he could appeal. Mr. Bonsu called Mr. Smith to express this concern. Mr. Smith informed Mr. Bonsu that he had seven days to provide written notice of an intention to appeal to the Student Disciplinary Review Board (the “Board”) from the date of the suspension. Mr. Bonsu knew that the board was an administrative body that heard suspension appeals, but only if they were filed on time. Therefore, given that it was the seventh day since Mr. Smith learned about the suspension, he swiftly completed the necessary paperwork and notified the board. Page 2 of 10 Fairness Assignment On April 12, 2021, Mr. Bonsu received a hearing package from the board. He learned that the Appeal hearing date was scheduled for May 10, 2021, and disclosure from both parties, including the principal, was required seven days in advance of the hearing. Mr. Bonsu was also informed of the panel of School District Trustees who would be adjudicating and deciding on the matter: Dahlia Nurse, Patrice Lawlor and Justin Zachariah. On May 3, 2021, Mr. Bonsu submitted the evidence he intended to rely on in his appeal hearing. On May 9, 2021, Mr. Bonsu received the evidence the principal intended to rely on for the appeal hearing. THE HEARING Present at the hearing were: Mr. Bonsu, Mr. Smith and the legal counsel for the School, alongside the three School District Trustees adjudicating the matter. Before the meeting, Mr. Zachariah told his colleagues on the panel: “I was very skeptical of this appeal, even before I started reviewing the principal’s report. And indeed, I was unable to establish that Mr. Bonsu is, in fact, able to argue against this suspension appeal successfully. Since James seems like a troublemaker who gets into trouble, I am not prepared to believe him when Mr. Bonsu claims he didn’t deserve a suspension.” Mr. Bonsu overheard this and got very upset. He began yelling at the School District Trustees as he grew frustrated with the process. The School District Trustees temporarily removed Mr. Bonsu from the hearing due to the commotion. During his absence, Mr. Smith and his legal counsel presented their evidence on behalf of the School and against James and Mr. Bonsu; they provided witness testimony, video evidence and final submissions. When they had completed their presentation, Mr. Bonsu was permitted back into the hearing room. Despite not hearing what the principal had to say, Mr. Bonsu presented his arguments supporting his son. To begin his opening, Mr. Bonsu noted that it was unfair that he had to be a selfrepresented advocate because his lawyer could not attend due to a conflict in their schedule. After Mr. Bonsu completed his submissions, the School District Trustees informed both parties that they would deliberate in the next room and return shortly with their decision. Page 3 of 10 Fairness Assignment THE DECISION Less than 10 minutes after the concluding remarks from the hearing, the School District Trustees returned with their decisions. Mr. Zachariah read the decision on behalf of the board: “On full review of this appeal, we conclude the appeal is not successful and the suspension will stand. We accept all evidence submitted by the principal on behalf of the School and can only conclude that the decision to suspend James was the right choice. We would like to commend Mr. Smith for his talents in leading a school community and protecting the safety of all involved. Case dismissed. Mr. Bonsu is upset. He wishes your legal team to advise on the administrative law issues raised by this full sequence of events.
Question
Explain the duty of fairness in the context of Mr. Bonsu’s case. What are the relevant principles of administrative law and natural justice, and how do they apply to the School’s disciplinary proceedings and Mr. Bonsu’s appeal?
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