Disciplinary Procedure

1. Informal Warnings

Minor disciplinary offences or failures to meet the standard required will usually be dealt with by an informal warning given orally by the headteacher.

The warning will take the form of stating the nature of the failure of performance or of the misconduct and of the standards required by the school. These warnings should not be recorded.

Where such offences are by the headteacher or teacher in charge, the informal warning will be given by the Chief Education Officer or his/her representative at the request of the Governing Body.

2. Formal Warnings

a. Introduction

Before any formal disciplinary action is taken, a teacher must be informed that he/she may be accompanied at any relevant interview by a representative of his/her trade union, teacher's association, or some other person of his/her choice.

Disciplinary action may be preceded by a period of suspension by the headteacher or Governing Body (with full pay) where justified by the nature of the alleged offence i.e.

(i) Whilst investigation is made into matters of a serious nature, where the possibility of dismissal may arise.

(ii) Where there are grounds for doubt as to the suitability of the teacher to continue working in his/her position.

(iii) Pending criminal investigation or proceedings.

Should any disciplinary action be reconsidered and effectively withdrawn, any written reference should be expunged from the teacher's personal record and the teacher notified accordingly.

The level of formal warnings issued shall be determined in relation to the nature of the offence(s) adjudged to have been committed.

In view of the Chief Education Officer's right to advise Governing Bodies at all stages and the LEA having in many instances to carry out the wishes of the Governing Body it is important that the Chief Education Officer or his/her representative be informed at the earliest stage of any formal disciplinary proceedings.

The Chief Education Officer will issue, from time to time, guidance in the operation of those procedures through codes of practice.

In the hearing of disciplinary cases and subsequent appeals the composition of the Governing Body must be in accordance with the Education (School Government) Regulations 1989 (Section 7).

(b) Formal Warnings - procedure

Where a teacher's work or conduct is considered such as to warrant formal disciplinary action, the teacher shall be informed that formal disciplinary procedures are being invoked. This would include situations where such work or conduct was considered not to be:

(i) in accordance with accepted professional standards, or

(ii) conducive to the safety of the children in the teacher's care, or

(iii) conducive to the efficient conduct of the establishment in which he/she works, or

(iv) in accordance with the rules and regulations of the school.

Formal warnings should be reported to the Governing Body. Where appropriate, the case may be considered by the Governing Body.

The Chief Education Officer or his representative shall have the right to be present at any such meeting, and, at the conclusion of the meeting, the decision of the Governing Body shall be communicated to the Chief Education Officer in the form of a report.

3. Other Modes Of Discipline

Following the issue of informal and/or formal warnings it may be considered appropriate that, in so far as this does not conflict with the provisions of School Teachers Pay and Conditions Act 1987 :

(i) Increments may be withheld where a teacher is again reported upon adversely, subject to the right of the teacher to appeal. If an increment is withheld because of unsatisfactory service and the service of the teacher becomes satisfactory, the increment may then be paid with effect from the date on which it is adjudged that the service became satisfactory.

(ii) Relegation of salary either in the existing post or into a lower graded post may be undertaken subject to the right of the teacher to appeal. These actions may be taken by the Chief Education Officer on the receipt of a recommendation from the Governing Body.

4. a. Suspension

(a) Where, in emergency, upon allegation of misconduct or for any other urgent cause the headteacher (or Sub-Committee as maybe determined by the Governing Body) is of the opinion that the alleged offence is of such nature that the teacher's continuing attendance at the School cannot be justified, the teacher shall be suspended.

(b) When this paragraph is applied the teacher should be interviewed by the headteacher (or Sub-Committee as maybe determined by the Governing Body) and told why he/she is being suspended. The teacher must be given the right to be accompanied during this interview. The reason(s) for suspension must be confirmed in writing to the employee concerned. There is no right of appeal against this form of suspension.

(c) Payment of full salary during suspension shall be regarded as the normal procedure.

(d) The Chairman of the Governing Body and the Chief Education Officer should immediately be informed of the suspension of the teacher pending the decision of the Governing Body upon hearing the complaint.

4.b. Dismissal

(a) A teacher shall not be dismissed except on the recommendation of the Governors.

(b) A teacher shall be entitled to appear, accompanied by a friend or personal adviser, at any meeting of the Governors at which a question which may involve his/her dismissal is to be considered and shall be given at least 14 days notice of such a meeting, together with similar notice of the particulars of any change or complaint made against him/her which is to be considered at that meeting.

(c) A teacher so dismissed shall be informed in writing of the reasons for dismissal and the appeals procedure. Such action should be reported to the Education Committee as soon as practicable thereafter for confirmation.

(d) A resolution of the Governors to terminate a headteacher's employment shall not take effect until it has been confirmed at a meeting of the Governors held not less than 14 days after the date of the meeting at which the resolution was passed.

When dealing with cases involving possible dismissal, the Governing Body shall have the power to issue warning or take other modes of disciplinary action as described in these procedures.

5. Disciplinary Decisions

If the case is found proven, the following disciplinary measures can be taken:-

(1) Initial Warning - valid for 12 months*1

(2) Further Warning - valid for 12/24 months*

(3) Final Warning - valid for 24 months*

(4) Final warning - valid for 24 months* and

(a) suspension without pay (normally not exceeding 4 weeks); or

(b) withholding of increments; or

(c) relegation to lower graded job/post.

(5) Dismissal

(a) with contractual notice;

(b) forthwith.

6. Appeal

A teacher who is aggrieved by any formal disciplinary action shall have the right of appeal to the Governing Body. The procedure to be followed is outlined below:-

Step 1 Appeal to be submitted in writing by the applicant to the headteacher within ten days of the receipt of the decision letter informing him/her of the disciplinary action.

Step 2 On receipt of the appeal via headteacher, a meeting of the Governing Body to be arranged as soon is practicable, preferably, in the case of dismissal, before the period of notice expires. Governing Bodies should be composed in accordance with the Education (School Government) Regulations 1989 (Section 7).

Step 3 The appeal decision to be notified, in writing, to the applicant and his/her representative by the headteacher.

7. Miscellaneous

(a) Records

(i) Records must be kept in the school and copied to Education Department detailing the nature of any breach of the disciplinary rules, the action taken and the reasons for it, whether any appeal was lodged, its outcome and subsequent developments. These records should be carefully safeguarded and kept confidential.

(ii) The person, or Body, responsible for disciplinary action will have authority to determine the period after which the warning will be disregarded. Normally, information on initial warnings will be disregarded after twelve months; further or final warnings after two years. In exceptional circumstances a longer period may be specified. The period determined should be stated in the formal decision letter.

(b) Accredited Representatives

Although normal disciplinary standards should apply to their conduct as employees, no disciplinary action, except Informal Warnings, shall be taken against an accredited representative of a trade union or teachers' association until the circumstances have been discussed with a senior trade union representative or full-time officer of the trade union or teacher's association concerned.