Was the decision unreasonable because the governing board failed to include relevant information?

Was the decision unreasonable because the governing board failed to include relevant information?


The governing board should take all relevant information into account before reaching a decision. If information is brought to their attention or there is information they should reasonably be expected to obtain for themselves, they should ensure this is a factor in their considerations. Failure to take relevant information into account before upholding an exclusion may result in that decision being unreasonable.

For example, Jin was excluded for being suspected of selling drugs after they were arrested by the police. The police then dropped the investigation, finding that there was no evidence to support the allegation. The governing board upheld the exclusion without considering the fact that the police had discontinued their case against Jin.

This is clearly relevant information that may have changed the governing board's decision had they factored it into their decision-making.

Next step? 

Consider the letter confirming the governing board's decision and any record of the governing board hearing, including the minutes and your own notes. Then answer the question: Did the governing board fail to consider relevant information when deciding to uphold the exclusion?

If the answer is yes, consider using the Suggested Wording document: Argument to the IRP: Governing board's decision irrational because it failed to include relevant information

Once you have answered this question, click continue to proceed to the next step.



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This information is correct at the time of writing, 5th September 2023. The law in this area is subject to change.

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