Disciplinary Procedures (Conduct) • Where to start process? • Transient issues • Normally progressive, but … • Look at types of sanctions at different stages (will usually assist)
Discretion Where to Start Process “Although disciplinary action will normally follow the progressive stages, the procedure may be commenced by the school at any stage of the process if the alleged misconduct warrants such an approach”.
Disciplinary Procedures (Conduct) Stage 4 • Normal Sanction: Dismissal (but not necessarily)
• Always get advice • Understand teacher / union dynamic: Prevent Stage 4 – why?
Examples of Gross/ Serious Misconduct in Procedures • • • • •
Theft Deliberate damage to school property Fraud or deliberate falsification of documents Gross negligence or dereliction of duties Refusal to comply with legitimate instructions resulting in serious consequences • Serious or persistent incapacity to perform duties due to being under the influence of alcohol, unprescribed drugs or misuse of prescribed medication. • Serious breach of health & safety rules
Examples of Gross/ Serious Misconduct in Procedures • Serious abuse/misuse of the schools property/equipment • Serious breaches of confidentiality • Serious bullying, sexual harassment or harassment against an employee, student or other members of the school community • Violent/disruptive behaviour • Downloading/disseminating pornographic material from the internet • Circulation of offensive, obscene or indecent e-mails or text messages. Note: the above list is not exhaustive.
Conduct Outside School Issues Arising
Preamble
It is a matter for the individual teacher in the first instance to maintain appropriate standards of teaching and to personally address competence issues if and when they arise
Before invoking procedures, the principal must consider whether: • The issue was transient of a temporary nature or
• Whether it relates to issues of a personal or professional nature which are likely to be of short duration
The principal has the right to decide whether complaints from parents should be considered under the procedures relating to professional competence or under the general Complaints Procedures.
If the Principal decides the complaints from parents relate to professional competence issues, the parents are so advised
and entitled to be informed of the final outcome of the process.
What does incompetency in teaching really mean?
• Suggestions
Stage 1: The Informal Stage •
The Principal informs the teacher orally of the nature and extent of concerns
•
The Principal is required to explore with the teacher the underlying causes
•
The Principal is required to advise the teacher of available internal and/or external supports
•
It is very important that the principal utilising the competence procedures exhausts all of these avenues
•
Where a teacher fails to engage positively with Stage 1, Principal can proceed to
Stage 2.
Stage 2: Initiation of the formal process • Principal advises Chairperson of the Board of his/her concerns as regards a written report to the Board
• Teacher given a copy of the report and given an opportunity to provide a written response
Stage 2: Initiation of the formal process (continued) •
The teacher can leapfrog Stage 2 and bring the procedure to the Inspectorate at Stage 3.
•
If the matter goes to the Board, the Board has to decide whether: •
There were insufficient grounds to conclude that there is an issue of professional
competence •
There are sufficient grounds as to warrant the initiation of a formal process.
•
Principal is required to define the required Improvement Plan for the teacher
•
The Principal meets with the teacher concerned
•
Set out contents of Improvement Plan
•
Timescale of Improvement Plan: Not less than three months (excluding holidays), extendable by principal
•
At end of timeframe, principal furnishes written report to Board setting out view on
outcome. •
Where required improvement has not occurred, teacher invited to provide oral, written response to principal’s report.
•
Board considers report and may decide: sufficient progress made; modify improvement plan;
required improvement has not occurred.
Stage 3: External Review • External review by Chief Inspector where BofM decide required improvement has not occurred • Chief Inspector to satisfy himself that appropriate supports have been offered to teacher • All documentation given to teacher • Chief Inspector’s review may involve series of visits by Inspectorate with access to teaching/learning situation
Stage 3: External Review continued • Teacher to co-operate fully • Chief Inspector prepares report with conclusions • Teacher is given 15 school days to respond to Chief Inspector’s report • Board of Management meets and decides either: – No further action warranted – Proceed to disciplinary hearing
Stage 4: Disciplinary Hearing • Arranges meeting with teacher, who makes his/her case • Board decides on disciplinary action which may include: – – – – – –
Final written censure Deferral of increment Withdrawal of increment Suspension with pay Suspension without pay Dismissal
Stage 5: Appeal • Teacher’s disciplinary appeal panel appointed by Board • Management rep, union rep and independent chairperson • Appeal process set out • Some comments in relation to appeals
