The Academy requires everyone to show respect, tolerance and understanding towards others. In this atmosphere punishment and imposed discipline are irrelevant and the staff and students through self-discipline and consideration will behave in a sensitive and civilised fashion.

Disciplinary procedures identify the appropriate action to be taken when a student's behaviour fails to meet the requirements of the Academy's policy on Behaviour and Discipline.

The decision to exclude a student for a maximum of five days lies with the Principal. Any exclusion beyond this period of time can be implemented only through the disciplinary sub-committee of the Governing body.

The disciplinary sub-committee of the Governors is the only body empowered to expel students. The Governing Body will provide for parents to appeal against decisions taken by the Principal or the disciplinary sub-committee concerning exclusions.

The Academy will advise the police of any criminal activity; this includes racist incidents that are categorised as crimes.

This applies to all Academy students.

The implementation of this policy will be monitored by the governors of the Academy and remain under constant review by a designated Vice Principal.

The Academy is committed to treating its students fairly and with the same respect and consideration as adult members of the Academy.

The Academy will adopt a series of high expectations of behaviour based on individual responsibility and mutual respect in order to generate an environment where positive relationships between students and staff and students are encouraged to flourish.

The Academy will seek to put in place a range of intervention strategies which minimise the need for fixed period exclusions or permanent exclusions. These may include being placed on report, internal exclusion, managed moves and the involvement of appropriate external agencies.

Decisions to exclude a student for a fixed term period will only be taken on the balance of probabilities in response to breaches in the Academy's policy on behaviour and discipline, including persistent and disruptive behaviour.

Decisions to permanently exclude a student will only be taken in response to serious breaches of the Academy's policy on Behaviour and Discipline and/or if the decision for the student to remain would seriously harm the education or welfare of another student.

Students may be required to leave the Academy site under the following circumstances where:

• there is sufficient evidence that a student has committed a disciplinary offence which if by allowing the student to stay on site may seriously harm the education or welfare of others.
• a student is accused of a serious criminal offence
• for medical reasons the student's presence on site represents a serious risk to the health and safety of others (This does not constitute an exclusion)
• where a student is in breach of the Academy's policy on uniform and appearance (This does not constitute an exclusion)

Only the Principal or acting Principal may take the decision to exclude a student.

In taking the decision to exclude a student the Principal will take into consideration mitigating factors and aggravating factors.

• Mitigating factors may include provocation as a result of bullying, the student's emotional and/or medical condition, potential coercion by other students, and the nature of the offence and whether it is a first offence, previous behaviour, an apology, an admission, willingness to cooperate with the investigation and a willingness to make restitution towards the victim.
• Aggravating factors may include failing to heed warnings about the risk of exclusion, premeditation of the offence, use of a weapon, previous history of similar incidents, witness intimidation, the victim(s) sustaining injury, the victim being a younger or vulnerable student, significant support provided by the Academy to modify behaviour, lack of contrition or willingness to accept responsibility for his/her action and not cooperating with the investigation or seeking to frustrate it.

When the decision to exclude a student has been made the parent or student if aged 18 will be notified immediately by telephone and this will be confirmed in writing.

Written confirmation of the exclusion will include the following details:

• for a fixed term exclusion the precise period of the exclusion
• for a permanent exclusion the fact that it is a permanent exclusion and the date from which the exclusion tales effect
• the reasons for the exclusion including any relevant previous history
• the days and dates on which the parent is required to ensure that the student is not present in a public place during school hours
• the parent's right to make representations regarding the exclusion to the governing body and how the student may be involved in this
• the person in the Academy who the parent should contact if they wish to make representations
• the latest date when the governing body must meet to consider the circumstances of the exclusion
• the arrangements that will be put in place to ensure that the student is able to continue their education during the first five days of the exclusion, including the setting and marking of work (it is the parents responsibility to ensure that this is completed and returned to the Academy)
• the school days on which a student may be provided with alternative full time education or may be required to attend an alternative provision. This information may be given by separate notification but will be at least 48 hours before the education is to be provided.
• for fixed term exclusion the arrangements for reintegrating the student into the Academy will be provided including the date and time the student should return to the Academy and this may also require the parent to attend an interview with the Principal prior to reintegration.

The Principal will inform the governing body of all short fixed term exclusions once per term

The Principal will inform the chair of the governing body within one school day of all permanent exclusions or fixed term exclusion which would result in a student being excluded for more than five school days in a term. This notification will include the following:

• the students name
• the length of the exclusion
• the reason for the exclusion
• the student's age, gender and ethnicity
• if the student has a Statement of Special Educational needs
• if the student is looked after
• for fixed term exclusions of more than five days what alternative provision has been put in place

The governing body will review all fixed term and permanent exclusions and consider any representations made to them by parents.

The governing body may consider more than one exclusion at a meeting and will seek to meet to ensure the any exclusion does not result in a student missing a public examination.

On receiving notification from the Principal the governing body will:

• for fixed term exclusions of more than five but not more than 15 days, where a parent has requested consideration by the governors, convene a meeting between the 6th and the 50th school day after receiving notification of the exclusion
• for permanent exclusions or a fixed period exclusion of more than 15 days convene a meeting between the 6th and 15th school day after the date of receipt of the notice to consider the exclusion

The governing body will invite the parents or student if aged 18 or over to attend the meeting.

The governing body will request written statements and will circulate these at least five days in advance of the meeting.

The governing body may uphold the exclusion or direct the student's reinstatement.

The outcome of the review will be added to the student record in the Academy.

Where a student has been excluded for a fixed term of up to five days and no alternative provision is made, attendance registers should be marked using Code E. Where alternative provision has been made Code B (education off site) or Code D (dual registration) should be used.

Where a student has been permanently excluded they should not be deleted from the register until after the appeal process has been completed.

Where a permanent exclusion is upheld by the governing body the parents or the student if aged 18 must be notified in writing. This notification must include the following:

• the reasons for the decision
• the last day on which an appeal may be lodged
• an explanation that appeals may only be received in writing

Where an appeal is received, the Academy will convene an independent appeals panel which will comprise of three to five members of the following categories:

• a lay person who will be the Chair of the panel
• one or two must be or have been a governor of a maintained secondary school and have served in this capacity in the last twelve months. They must not be or have been a headteacher or teacher in the last five years
• one or two must be or have been in the last five years a headteacher of a maintained secondary school

An appeal panel will meet to consider the appeal no later than the 15th school day after the day on which the appeal is lodged.

The panel may agree to adjourn the hearing if, after having regard to the particular circumstances, it considers it would not be appropriate for it to proceed to determine the outcome. This may arise from circumstances where further information is required or the parent requests a hearing after the 15th school day following the lodging of the appeal.

During the appeal panel each party will be given the opportunity to put forward their case. The governing body may wish to call witnesses who were directly involved in the incident which led to the exclusion.

The appeal panel may:

• uphold the decision to exclude
• direct immediate reinstatement with a specified date for return and potentially add conditions to the return
• conclude that permanent exclusion should not have taken place but reinstatement to the original school is not practicable. The reasons for not directing reinstatement must be made in writing

The appeal panel is independent and the decision is binding on the parent, the governing body and the Principal.

The appeal panel will inform all parties of the outcome by the end of the second working day after the hearing outlining the reasons for the decision, clear information about the behaviour and offences. Where a panel overturns the exclusion but does not direct reinstatement clear reasons must be given.

Where the appeal panel recommends reinstatement the panel must immediately inform the principal specifying the date by which the student must be readmitted.

This policy will be reviewed annually as part of the Academy's internal review process.