LNCT 10 Discipline Procedures for Teaching Staff

Education Services

‘Building Inverclyde through, excellence, ambition and regeneration’

LNCT 10

Discipline Procedures for Teaching Staff

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Part 1 Code of Discipline 1. INTRODUCTION 1.1 Disciplinary codes, policies and procedures are instruments to promote fairness and order in the

treatment of teaching staff in the workplace. They set standards of conduct at work. The accompanying procedures (Part II) help ensure that the standards are adhered to and provide a fair method of dealing with alleged failures to observe them.

1.2 The Council is obliged by law to inform teaching staff of the standards of conduct expected of

them; employment tribunals have also recognised the importance of disciplinary codes and procedures. The grounds for dismissal and the way in which the dismissal has been handled can be challenged before an employment tribunal. Where either of these have been found by an employment tribunal to be unfair, the Council may be ordered to reinstate or re-engage the teacher concerned and may be liable to pay compensation in accordance with the provisions laid down for such purposes.

1.3 This Code of Discipline and the Disciplinary Procedures have been complied having regard to:-

the ACAS Code of Practice (No1) “Disciplinary and Grievance Procedures” – 2001 and, General Teaching Council Scotland Code of Practice on Competence – September 2002.

1.4 Part 1 of the Code of Discipline applies to all teaching staff. 2. AIMS 2.1 The purpose of this code is to provide:

(a) a sound basis for the maintenance of discipline for all teaching staff of the Council; (b) a clear understanding between management and teaching staff of the need for discipline; and (c) a mutually accepted and well- publicised procedure for dealing with breaches of discipline.

2.2 This Code and its related procedures have been collectively agreed between the Council and the

recognised teaching trade unions and form an incorporated element of an employee’s contract of employment.

3. RESPONSIBILITIES 3.1 The head of Personnel Services is responsible for the formulation of disciplinary rules and

procedures including the classification of misconduct. 3.2 The Director of Education Services is responsible for ensuring that the rules and accepted

standards of conduct are made known to all Council teaching staff. 3.3 Teaching staff, for their part, are required to familiarise themselves with the rules and standards

and to abide by them.

LNCT 10 Discipline Procedures for Teaching Staff

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4. PRINCIPLES 4.1 This Code outlines the essential features of a fair and reasonable disciplinary procedure. 4.2 The underlying thrust of the Code is that discipline need not always be punitive: it is also meant to

raise the level of understanding, bring employees’ alleged shortcomings to their attention and provide an opportunity for corrective action to be taken. Before any action is taken, the matter should be thoroughly investigated and the employee made aware of the matter under consideration and given an opportunity to respond.

4.3 The principles of this Code are to:

(1) encourage and provide support and advice to teaching staff whose conduct or standard of work is unsatisfactory and to take corrective action thereby avoiding the need for disciplinary action.

(2) deal with disciplinary issues as quickly as possible, consistent with thorough investigation

of the facts at each stage. (3) ensure that teaching staff are fully informed of the complaints against them prior to a

formal disciplinary hearing. (4) provide that a member of the teaching staff suspended pending investigation or formal

hearing is entitled to full pay and maintenance of conditions. (5) ensure that a member of the teaching staff is made aware of the alleged indiscipline and

given the opportunity to respond at the disciplinary hearing before action is taken. (6) ensure that a member of the teaching staff is informed in writing of any disciplinary

action taken, the reason for it, the right of appeal, how to lodge an appeal and timescales etc.

(7) ensure that a member of the teaching staff has the right of appeal against all disciplinary

decisions. (8) ensure that a member of the teaching staff has a right at all stages of the procedure to be

represented by a trade union representatives or other appropriate person of his/her choice. (9) ensure that the level of management authorised to impose each form of disciplinary action

is clearly specified. (10) allow for both parties to maintain, independently, a record of the proceedings. (11) recognise that, following any preliminary investigation, it may become clear to the

investigating officer that no formal action is required but that one or more teaching staff involved in the investigation may require guidance as to their method of work or general conduct. Such guidance or counselling is part of normal supervision and is not part of the disciplinary procedure.

4.4 Initial fact-finding investigations into financial matters conducted by Internal Audit will be

regarded as normal management/employee discussions.


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5. LISTING TYPES OF MISCONDUCT The types of misconduct occurring will be many and varied and it is virtually impossible to identify and quantify at what stage the disciplinary procedures should be implemented. It will be for each situation to be considered on its merits and if any difficulties arise in assessing the situation advice should be sought initially from a higher management level. 6. UNSATISFACTORY CONDUCT (OTHER THAN GROSS MISCONDUCT) Instances which are less serious than misconduct constituting ‘gross misconduct’, are termed ‘unsatisfactory conduct’. Such misconduct may lead to warnings and disciplinary action short of dismissal. Examples of misconduct under this heading may include: · Bad timekeeping · Unauthorised absence from work; · Unsatisfactory record of attendance or reliability; · Unacceptable standard of work performance; or · Misuse of Council equipment. The above list is neither exhaustive nor exclusive nor does inclusion in this section preclude such misconduct being included elsewhere. 7. GROSS MISCONDUCT 7.1 The definition as to whether a member of the teaching staff conduct can be construed as gross

misconduct will depend on the full consideration of all the facts and circumstances. 7.2 Gross misconduct is generally seen as misconduct serious enough to make any further working

relationship and trust between the employee and employer untenable. 7.3 The following list of examples of gross misconduct is intended only to ensure that members of the

teaching staff and Education Services management recognise the nature and seriousness of breaches of discipline which may be regarded as gross misconduct.

· breach of confidentiality · theft, fraud or deliberate falsification of records. · fighting, assault or attempted assault on another person. · deliberate damage to Council property or name · sexual, racial or disability discrimination (including harassment and victimisation) of another

employee, agency or contract worker, any customer/client of the Council, visitor to Council premises or any other third party to whom the Council owe a duty to prevent such discrimination.

· serious negligence which causes unacceptable loss, damage or injury.


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· being charged with and/or convicted of a criminal offence which in the opinion of the Council demonstrates unsuitability for continued employment with the Council either in the current post or any other post.

· serious acts of insubordination. · indecent behaviour. · wilful endangering of life by contravention of the Council’s health and safety policy or related

procedures. · refusal to carry out reasonable instructions. · fraudulent salary /wage, expenses, or other payment claims.

The above list is neither exhaustive nor exclusive. 8. PAYMENTS IN LIEU 8.1 When a member of the teaching staff is summarily dismissed without notice on the grounds of

gross misconduct, no payment will be made in lieu of notice. However, in accordance with the Working Time Directive 1998, all teaching staff including those dismissed on grounds of gross misconduct, are entitled to four weeks’ annual leave (inclusive of public holidays).

8.2 If the grounds for dismissal are other than gross misconduct and it is considered inappropriate for

the employee to remain and work the period of notice, it will be appropriate to make payment in lieu of notice and accrued contractual annual leave. In such cases, advice must be sought from the Head of Personnel Services.

9. CONTRACTS OF EMPLOYMENT A reference to the disciplinary procedures will be included in the Written Statement of Terms and Conditions of Employment of all teachers. 10. ROLE OF THE HEAD OF PERSONNEL SERVICES The Head of Personnel Services is available to offer advice to management in the consideration of matters under the Code and Procedures. Although local management is responsible for the investigation and conduct of the hearings, the Head of Personnel Services has up-to-date and expert knowledge which will assist in interpreting the Code and Procedures, in terms of the practice throughout the Council, standards set by case law, external codes of practice (eg ACAS, Equal Opportunities Commission etc.). It is recommended that a qualified Personnel Officer should be in attendance at all disciplinary hearings in an advisory capacity.


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Part II Disciplinary Procedures

1. AIMS

1.1 The purpose of the Disciplinary Procedures for Teachers is to ensure that the code of discipline is

adhered to and to provide a fair method of dealing with alleged failures to observe the code. 1.2 The procedure contained in the following has been drafted to reflect the advice set out in the

ACAS Code of Practice (No 1) “Disciplinary and Grievance Procedures 2001” and the General Teaching Council Scotland “Code of Practice on Competence September 2002” and other related advice.

2. GENERAL

2.1 It is recognised that all teaching staff should conduct themselves in a manner consistent with the

efficient operation of the school/educational establishment and should recognise and uphold high standards of conduct in their dealings with pupils, parents, guardians, external agencies, each other than the Council.

2.2 To this end it is recognised also that discipline is essential for the conduct of Education Services’

affairs and for the safety and wellbeing of all teaching staff. In accepting this, it is recognised equally that disciplinary action where required should be applied jointly and equitably.

2.3 Within the limitations of powers delegated to him/her the Head Teacher shall be responsible for

the management of discipline within their school and will have the power to issue oral and written warnings.

2.4 The Director of Education Services will have the power to apply all forms of disciplinary

sanctions described in this session and to dismiss a teacher under the agreed disciplinary procedures.

In cases involving performance issues the GTC’s Code of Practice on Competence should be followed at all times. Before taking action for dismissal, the Director of Education Services must ensure that the Code has been followed. THE DISCIPLINARY PROCEDURES Where a matter requires to be dealt with under the Code of Discipline, the following procedure will apply. 3. INVESTIGATIONS AND ENQUIRIES 3.1 Where an incident occurs which may be due to a teacher’s misconduct or performance and it is

considered that some form of disciplinary action should be taken, the teacher should be advised of his/her rights at this stage and a note should be placed or recorded that this has been done.

3.2 If necessary, the head teacher will arrange for the matter to be fully investigated.


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3.3 Prior to the meeting, the teacher will be made aware of the allegations and the possibility that the matter may be subsequently dealt with under the disciplinary procedures. The teacher has the right to be accompanied by a trade union official or other person of their choice.

3.4 The investigating officer should establish the facts and circumstances of the matter promptly,

including interviewing, recording and taking the statements of any witnesses and other persons as appropriate who may hold information relative to the matter being investigated.

3.5 Investigations should be conducted as soon after the incident as is possible and in such a manner

as to allow management to establish quickly whether or not disciplinary procedures should be invoked. It is envisaged that in most cases the investigation should take no longer than 15 days; however, in certain circumstances, depending on the nature of the investigation, availability of witnesses etc, this timeframe may be extended.

3.6 If sickness intervenes during the investigation, the Head Teacher should consider the nature and

anticipated length of the absence and the nature of the matter under investigation. Education Services should discuss the matter with the Head of Personnel Services to consider whether the matter should be progressed or held in abeyance pending the teachers return to work.

4. SUSPENSION ON FULL PAY DURING AN INVESTIGATION 4.1 The disciplinary officer will have the necessary delegated power to apply suspension with pay to a

teacher in the following circumstances:

(1) to facilitate investigation into charges of misconduct or irregularity; or (2) as a necessary precaution in the school’s/Council’s interests in circumstances which

involve, or may involve, criminal proceedings against a teacher; or (3) where the allegation being investigated could be regarded as gross misconduct and might

result in dismissal; or (4) where circumstances mean that the teacher’s presence at work could seriously hinder the

investigation. 4.2 Any such suspension must be confirmed in writing using the draft letter of suspension. Fellow

colleagues should be informed of the terms of suspension, i.e. that the teacher is suspended from duty pending an investigation and that he/she should not be contacted until further notice unless authorised by the head teacher.

4.3 Suspension on full pay should last no longer than is absolutely necessary. Suspension can only be

extended beyond two weeks in special circumstances and must be authorised by the Head of Personnel Services.

4.4 Where removal from duty is not identified as necessary, other options such as re-deployment to

other or different duties or relocation to another workplace on the same or different duties should be considered.


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4.5 A teacher who has been suspended on full pay must be available for recall to work at any time during their normal working hours. Accordingly, any teacher suspended on full pay who falls ill during the period of suspension must report this to the Head Teacher in the normal manner supported by the appropriate medical documents.

4.6 Where a teacher has been suspended on full pay pending investigation and following the

investigation it is decided that there is no allegation to answer, then the suspension will be lifted and the teacher returned to work as soon as possible.

All reference to the investigation will be removed from the teacher’s personal file and destroyed. 4.7 A suspension with full pay is not a punitive measure. 4.8 There is no appeal against suspension with full pay. 5. INFORMING THE TEACHER 5.1 All evidence produced by the investigating officer should be assessed carefully and objectively by

the disciplinary officer. Where the disciplinary officer, having considered the evidence and ascertained the core of the complaint, concludes that there are grounds as to the teacher’s conduct, then the disciplinary officer should interview the teacher concerned and advise him/her of the allegations made. The teacher should be advised of his/her rights at this stage and a note placed on record that this has been done.

5.2 If necessary, the disciplinary officer may wish to arrange for certain aspects of the facts to be

further investigated before seeing the teacher. The investigating officer may do this personally or delegate the investigation to another officer(s). The investigating officer may also wish to meet with the teacher who should be made fully aware that the meeting is for the purpose of fact-finding.

5.3 Prior to the meeting with the investigating officer, the teacher should be made aware of the

allegations and the possibility that the matter may subsequently be dealt with under the disciplinary procedures. The teacher has the right to be accompanied by a trade union official or another person of his/her choice.

5.4 If, having considered the report of the investigating officer, the disciplinary officer considers that

there are no grounds for proceeding with the disciplinary procedures, then the teacher should be informed accordingly and all references to the investigation will be removed from the teacher’s personal file and destroyed.

5.5 Where the disciplinary officer considers that there is justification to hold a disciplinary hearing,

the teacher will be advised. 5.6 The teacher will be advised in writing of the date, time and place of the hearing and given details

of the reasons for the disciplinary hearing being convened and his/her rights to representation at the disciplinary hearing.

5.7 The teacher will be granted a postponement of the hearing if their designated representative

cannot attend at the time set by the disciplinary officer. The disciplinary officer will accept an alternative date and time proposed by the teacher providing it is reasonable and within five working days of the original time set by the disciplinary officer.


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5.8 It will be for the teacher concerned to secure the agreement of a trade union official or fellow employee or some other person to act as a representative.

5.9 The necessary time off with pay etc. will be granted to witness at a disciplinary hearing.

However, it is the responsibility of the teacher to make the necessary arrangements to call any witness he/she requires to attend and be heard, and to ensure that where witnesses are Council employees they have received authorisation to leave their place of work from their supervisor.

5.10 Where witness statements have been taken during an investigation then such statements will be

made available to the teacher in advance of the disciplinary hearing. Many witnesses prefer to remain as remote as possible from the disciplinary proceedings concerning their colleagues. They might request that they are not asked to attend the hearing. However, management reserves the right to require a witness to attend.

5.11 No disciplinary action will be taken against a trade union official until the matter has been notified

to a full-time official of the trade union concerned. In all other respects, the disciplinary procedures apply equally to trade union representatives.

6. DISCIPLINARY HEARING 6.1 The procedure for conducting a disciplinary hearing will be as follows:

(i) Education Services shall put forward its case in the presence of the teacher and their representative and may call such witnesses as are required.

(ii) The teacher will have the opportunity to ask questions of witnesses called by Education

Services. (iii) The teacher shall put his/her case in the presence of the Service’s representative and may call

any witness required. (iv) The Service’s representative shall have the opportunity to ask questions of any witnesses

called by the teacher.

(v) In cases where there are witnesses who are not being called to the disciplinary hearing, an attempt must be made to elicit the written statements, signed by the witnesses, to the incident, which should be shown to all parties present at the disciplinary hearing.

(vi) The Service’s representative and the teacher shall have the opportunity, if they wish, to sum

up their case, introducing no new material. 6.2 If, during the disciplinary hearing, the factual basis of the allegations is contested, it is incumbent

on the disciplinary officer to suspend or adjourn the hearing to enable points to be investigated. 6.3 On completing the further investigation, the disciplinary officer shall reconvene the hearing and

advise the teacher and his/her representative of the findings on the contested points and thereafter continue with the hearing, if necessary.

6.4 When misconduct is readily admitted by the teacher, this does not close the matter. The

disciplinary officer must still probe the reasons behind the offence and consider any mitigating circumstances.


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6.5 If it becomes clear that there has been a disciplinary breach which merits disciplinary action, an adjournment should be announced and a time to reconvene appointed. The adjournment is important and it should be used constructively to research precedents or to investigate the appropriate remedial action. The disciplinary hearing should reconvene at the earliest opportunity.

7. DISCIPLINARY ACTION 7.1 Having concluding that disciplinary action is appropriate, but before the form of any action is

decided, consideration should be given by the disciplinary officer to the following:

(a) the teacher’s current disciplinary record. (b) any relevant mitigating circumstances, eg health or domestic problems, which might have

influenced the teacher’s conduct or behaviour. (c) whether the intended action would be “reasonable” having regard to all the circumstances.

7.2 Where it is decided that a disciplinary caution is appropriate, the following options should be

considered.

(1) Oral Warning In the case of a minor offence, the teacher will be given an oral warning and be advised accordingly. The oral warning will be recorded and confirmed in writing to the teacher. (2) Written Warning In the case of a more serious offence, or where there is an accumulation of minor misconduct, the teacher may be given a written warning. (3) Final Warning

In the case of further misconduct, or a first instance of serious misconduct, the teacher should be given a final written warning containing a statement that any recurrence of similar misconduct or other unrelated misconduct may lead to dismissal. There may be occasions when misconduct is considered to be insufficiently serious to justify dismissal but sufficiently serious to warrant one written warning which in effect would be both first and final, and it should be noted that this may be implemented at any stage in accordance with the seriousness of the offence and without prior disciplinary record.

7.3 If, after carrying out the disciplinary procedure, the disciplinary officer considers that the very

nature of the incident(s) of misconduct or poor performance warrants dismissal, demotion or transfer to another post, even in the absence of any previous disciplinary history, then the disciplinary officer should proceed to take disciplinary action but shall seek advice from Personnel Services as to the suitable form of letter to be sent to the teacher concerned.

7.4 Before dismissal can be instituted, it will be necessary for the disciplinary officer to demonstrate

to the satisfaction of the Head of Personnel that the appropriate procedures have been adhered to and effected.


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8. CONFIRMATION OF DISCIPLINARY ACTION 8.1 All disciplinary action taken will be confirmed in writing to the teacher. 8.2 The written confirmation will:

(i) state details of the nature of the misconduct giving rise to the action. (ii) confirm the level of disciplinary action taken and how long this action will be held on record. (iii) confirm the likely consequence of further misconduct. (iv) inform of the right of appeal and how it should be made and to whom. (v) inform that the appeal must be made in writing within 14 days from the date of the letter

confirming the disciplinary action. 9. TIME LIMITS ON DISCIPLINARY ACTION 9.1 Disciplinary action will remain on the teacher’s record and will be a factor for consideration

should there be further disciplinary action during the period on record and warnings will have a specific time limit dependant on the severity of the action taken. However, on the completion of a period of satisfactory conduct, the warning will be removed from the teacher’s current disciplinary record and he/she will be considered to have made a fresh start.

The appropriate periods will be as follows:

Oral Warning 6 months Written Warning 6 months Final Written Warning 12 months 9.2 Normally warnings will be removed from a teacher’s personal file and destroyed after the

appropriate time limit. 9.3 There will, however, be special circumstances when the misconduct is so serious, verging on

gross misconduct, that the warning cannot be disregarded for future disciplinary purposes. In such circumstances, the final written warning should make clear that it can never be removed and any recurrence may lead to dismissal. Any disciplinary sanction which has been imposed and which relates to the Council’s Child Protection Policy will remain on the teacher’s file indefinitely.

There may also be occasions where the teacher’s conduct is satisfactory throughout the period the warning is in force only to lapse very soon thereafter. Where a pattern emerges and there is evidence of abuse, the teacher’s disciplinary record should be borne in mind in deciding how long any current warning should last.

9.4 For other purposes, i.e. appointments, references etc., the warnings should be held on file without

limit of time. Occasionally there may be circumstances where the misconduct is so serious, verging on gross misconduct, that it cannot be realistically ignored for future disciplinary purposes. In such circumstances, it should be made very clear that the final written warning can


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never be removed and that any recurrence of serious misconduct will lead to dismissal. 10. CAPABILITY OR POOR PERFORMANCE 10.1 Education Services will at all times endeavour to ensure that teachers achieve and maintain a high

standard of performance in their work. To this end, it will ensure that standards are established, performance monitored and teachers given appropriate training and support to meet these standards.

10.2 Where a Head Teacher first establishes that a teacher’s performance is unacceptable, a hearing

will be held with the teacher to try to establish the reasons. However, if it becomes apparent that there is a question as to the teacher’s incapability, the General Teaching Council for Scotland “Code of Practice on Teacher Competence” should be invoked (see Appendix I).

11. ADDICTION 11.1 In accordance with the terms of the Council’s policy statement on alcohol and drug abuse and

other addictions, a teacher who intimates that they have a problem should be given the opportunity of accepting referral to the counselling services arranged by the Council.

11.2 If the counselling service and the teacher accept that an alcohol or drug problem exists, and

providing the teacher undertakes to co-operate and successfully undertakes the recovery programme and disciplinary action will be suspended in respect of the offence which led to the referral. Misconduct not related to the reason for the referral will be dealt with in the normal way.

11.3 If the teacher is not accepted by the counselling service as having an alcohol or drug problem, or

the teacher refuses to acknowledge any problem and therefore cannot be considered for the recovery programme, the normal disciplinary procedures should be followed.

11.4 If the teacher is accepted for counselling, but does not complete the recovery programme, the

disciplinary officer shall then apply the disciplinary procedures retrospectively to the date of any suspension of proposed disciplinary action.

12. CRIMINAL OFFENCES 12.1 Offences Arising from Employment or Having a Bearing on Employment

Where an allegation of a criminal offence arises from employment or has a bearing on the employment, the circumstances should be ascertained from the teacher and investigated as fully as possible without compromising any criminal investigation being, or to be, carried out.

The disciplinary investigation should be handled separately from the criminal investigation which will be carried out by the appropriate authorities.

Where there is sufficient information at hand, disciplinary action should proceed without awaiting the outcome of criminal proceedings.

12.2 Offences not Having Direct Bearing on Employment


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In considering criminal offences not arising from employment or not having a direct bearing on the employment of any teacher, consideration should be given to the nature of the alleged offence and if it is one that makes the teacher unsuitable for continuing their employment in education.

12.3 Defalcation or Judicial Impropriety Attention is drawn to the Council’s “Financial Regulations and Defalcation Procedures” which should be referred to in respect of any cases involving financial impropriety. 12.4 Professional Advice on Criminal Offences The Head of Personnel Services should contact the Director of Legal and Support Services for advice regarding specific criminal offences and seek advice regarding the Council’s legal obligations in respect of the given nature of any criminal charges brought. 13. APPEALS 13.1 Teachers will have the right to an appeal against disciplinary action to a higher level. The

appropriate level of the appeal will be dependent upon the severity of the disciplinary action and the level of the officer who issued the disciplinary action.

There will be only one appeal in each case where disciplinary action is taken. 13.2

13.3 Intimation of Appeal 13.4 An appeal against an oral, written or final written warning must be lodged in writing to the

Director of Education Services within 14 days from the date of receipt of the letter intimating/confirming disciplinary action.

13.5 An appeal against a dismissal issued and signed by the Director of Education Services must be

lodged with the Head of Personnel Services within 14 days of the date of the letter confirming action has been taken.

Nature of Sanction Issued by Appeal Heard by

Oral Warning Head teacher or nominee Director of Education Services or nominee

Written Warning Head teacher or nominee Director of Education Services Or nominee

Final Written Warning Director of Education Services or nominee

Director of Education or Appeals Sub-Committee

Dismissal Director of Education Services or nominee

Appeals Sub-Committee


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13.6 The letter of appeal must state the grounds for appeal. 13.7 The Head of Personnel Services will acknowledge receipt of the appeal letter and arrange for the

appeal to be heard as soon as possible but no later than 20 days from receipt of notice of appeal. 13.8 The appellant will be given notice in writing at least seven days in advance, unless a variation is

mutually agreed of the time and place of appeal. 13.9 Whilst the necessary time off with pay etc. will be granted to witnesses at an appeal hearing, it is the

responsibility of the appellant and the trade union representatives to make the necessary arrangements to call any witnesses they require to attend and be heard, and to ensure that, where they are Education Services employees, they have received authorisation to leave their place of work from their head teacher or supervisor.

13.10 Procedures to be followed at a Hearing of a Disciplinary Appeal by a Teacher Against Dismissal

The procedure to be followed will be that approved by the council. 14. POST BECOMING VACANT DUE TO DISCIPLINARY ACTION OR IMPRISONMENT Where the disciplinary action taken is dismissal and the teacher has lodged an appeal, the post should not be filled on a substantive basis until the internal appeals procedure is completed. If the teacher has been imprisoned, it will be necessary for the Director of Education Services to consider the specific circumstances and the needs of the Service to have the teacher’s duties to be performed. The matter should then be discussed with the Head of Personnel Services. 15. CONFIDENTIALITY All matters relating to discipline are confidential and no employee of the Council will disclose any information etc. to anyone else within or outside the Council, including in circumstances where an employment reference has been requested, without the approval of the Director of Education Services. 16. TRAINING AND ACCREDITATION A fundamental principal of the Disciplinary Framework for Scottish Teachers is that all Education staff and others involved in disciplinary matters will be appropriately trained and accredited.


Septem

T

Code of Practice on eacher Competence

ber 2002

The General Teaching Council for Scotland

The General Teaching Council for Scotland (“the Council”) was set up under the Teaching Council (Scotland) Act 1965. It was the first such body for teachers in the United Kingdom and, indeed, one of the first teaching councils in the world. One of the fundamental principles underlying the work of the Council is that of professional self-government. The public interest is represented on the Council. Its membership of 50 consists of 26 elected registered teacher members; 18 appointed members representing local authorities, directors of education, directors of social work, further and higher education institutions, the churches and the Scottish Council of Independent Schools; and 6 members nominated by Scottish Ministers. The Council is an advisory non-departmental public body (NDPB), but differs from other NDPBs in that it is funded from the annual registration fees paid by registered teachers and not from the public purse. With regard to the public interest, policy statements and general advice issued by the Council are made available to the public and Minutes of meetings of the Council are made available to the press and on the Internet, subject to confidentiality in the Council’s case work. The Standards in Scotland’s Schools etc Act 2000 made a number of important changes to the functions of the Council. In the light of these changes this Code of Practice on Teacher Competence is intended to illustrate how the Council defines teacher competence and the proposed procedures for dealing with cases of under-performance. The principal aims of the General Teaching Council for Scotland are:

To contribute to improving the quality of teaching and learning;

To maintain and to enhance professional standards in schools and colleges in collaboration

with partners including teachers, employing authorities, teacher education institutions, parents and the Scottish Executive Education Department;

To be recognised as a voice and advocate for the teaching profession;

To contribute to the development of a world-class educational system in Scotland.

The Council’s key functions are:

To maintain and enhance the quality of teaching in Scotland;

To maintain standards of professional conduct and competence in teaching;

To provide advice on the entry requirements for initial teacher education and the supply of teachers;

To enhance the status and standing of teaching and the teaching profession;

To develop the strengths of Council staff;

To run an effective and cost-efficient organisation.

Code of Practice on Teacher Competence 160902



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1 Introduction

The Code of Practice on Teacher Competence provides the definition of competence in terms of the Standard for Full Registration (SFR) and explains the steps in the process for dealing with cases of short-lived under-performance and long-running under-performance. This Code is part of the Council’s procedures for maintaining standards of professional conduct and competence in teaching. It is important to note that this Code will be kept under continuous review and will be updated regularly. It should be noted that where the alleged under-performance relates to administrative/managerial duties of a promoted teacher, similar procedures may be applied, but in the knowledge that the power of the Council, at the end of the day, to remove the name of a teacher from the register for long-running under-performance relates to teaching competence not administrative/managerial competence.

2 Definition of Teacher Competence

Teacher competence is described in terms of the SFR and applies to teachers who have gained full registration with the General Teaching Council for Scotland. The Standard describes the:

professional knowledge and understanding professional skills and abilities professional values and personal commitment

which all fully registered teachers should be able to demonstrate in their professional activities. Professional Knowledge and Understanding Registered teachers: (a) have detailed knowledge and understanding of the relevant areas of the pre-school, primary

or secondary school curriculum; (b) have sufficient knowledge and understanding to fulfil their responsibilities for literacy and

numeracy; personal, social and health education; and ICT. (As appropriate to the sector and stage of development.);

(c) understand the nature of the curriculum and its development; (d) have sufficient knowledge and understanding to meet their responsibilities to teach cross-

curricular aspects; (e) have a broad, critical understanding of the principal features of the education system,

educational policy and practice, and of their part in it; (f) have detailed working knowledge of their sector, of the school(s) in which they teach, and of

their professional responsibilities within them; (g) can articulate their professional values and practices and relate them to theoretical principles

and perspectives;



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(h) have research-based knowledge relating to learning and teaching and a critical appreciation

of the contribution of research to education in general.

Professional Skills and Abilities Registered teachers: (a) are able to plan coherent and progressive teaching programmes which match their pupils’

needs and abilities, and they can justify what they teach; (b) communicate clearly, making skilful use of a variety of media, and interact productively with

pupils, individually and collectively; (c) use a range of teaching strategies and resources which they can evaluate and justify in

terms of curriculum requirements and of the needs and abilities of their pupils; (d) set and maintain expectations and pace of work for all pupils; (e) work co-operatively with other professionals and adults; (f) organise and manage classes and resources to achieve safe, orderly and purposeful activity; (g) manage pupil behaviour and classroom incidents fairly, sensitively and consistently, making

sensible use of rewards and sanctions, and seeking and using the advice of colleagues when necessary;

(h) understand and apply the principles of assessment, recording and reporting; (i) use the results of assessment to evaluate and improve their teaching, and the learning and

attainment of the children they teach. Professional Values and Personal Commitment Registered teachers: (a) learn from their experience of practice and from critical evaluation of relevant literature in

their professional development; (b) convey an understanding of practice and general educational matters in their professional

dialogue and communication; (c) reflect on and act to improve their own professional practice, contribute to their own

professional development, and engage in the process of curriculum development; (d) should show in their day-to-day practice a commitment to social justice and inclusion; (e) take responsibility for their professional learning and development; (f) value, respect and are active partners in the communities in which they work.



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3 Procedures for Dealing with Under-Performance

The procedures assume that the teacher has been performing at a competent level up to the point at which temporary under-performance is first identified. Short-lived under-performance may be caused by many different factors such as illness, personal circumstances, lack of understanding of current methodology, loss of confidence or external factors beyond the control of the teacher. In stages 1 and 2 of the following procedures it is assumed that the teacher’s problem is one of short-lived under-performance. Long-running under-performance is the term used to describe the problem when stage 3 of the procedures is implemented. By this stage, although support and guidance and professional development opportunities have been offered to the teacher, this has not resulted in the teacher maintaining the level defined in the Standard for Full Registration. (Note: This advice is in line with relevant provisions of the ACAS Code of Practice on Disciplinary

and Grievance Procedures as revised in September 2000, ref: para 8, para 22.) There are four stages in the procedures:

Informal Stage

Support Stage

Formal Disciplinary Stage

Short-lived

under-performance

Referral to GTC Scotland

Employer’s Formal Disciplinary Procedures

Long-running under-

performance

Stage 1 : Informal

(a) The informal stage does not form part of the employer’s formal disciplinary procedures.

(b) It is assumed, at this stage, that the problem is one of short-lived

under-performance.

(c) Teachers are encouraged to invite a colleague or a representative from their Professional Association to accompany them to any meetings.

(d) Informal discussions should be held between the teacher and senior colleagues

to discuss identified areas of under-performance. During these informal discussions the teacher should be encouraged to participate fully in identifying the causes of the under-performance and suggesting possible remedies. Advice and guidance should be offered from senior colleagues to support improvement.



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(e) At the conclusion of the first informal discussion a date should be agreed by the

teacher and senior colleagues to review performance. Depending on the context of the situation a reasonable length of time should be given for the teacher to reach the required standard.

(f) At the conclusion of the meeting to review performance, ie whether or not the

required standard has been achieved, an oral report should be given to the teacher indicating the outcome. Two outcomes are possible:

Outcome 1: Where improvements have been made to the required standard, no further action will be taken. The teacher should be informed of this decision in writing.

Outcome 2: Where improvements have not been achieved to the required standard, the teacher should be informed that the matter will be referred to the headteacher who will consider whether the second stage of the procedures should be implemented. The teacher will be informed of the headteacher’s decision and the underpinning reasons in writing.

Stage 2 : Support

(a) The support stage does not form part of the employer’s formal disciplinary

procedures. (b) It is assumed, at this stage, that the problem is still one of short-lived

under-performance.

(c) Teachers are encouraged to invite a colleague or a representative from their Professional Association to accompany them to any meetings.

(d) The teacher should be informed by the headteacher of:

− the specific aspects of the SFR which are to be addressed; − the proposed mechanisms which will be put in place to support the teacher; − appropriate professional development opportunities which can be

accessed.

(e) Discussions should be held between the teacher and headteacher to agree the way ahead. During these discussions the teacher should be encouraged to address the issues openly in order to:

− clarify the areas of under-performance; − suggest forms of support which he/she would find helpful; − agree appropriate professional development opportunities.

Sympathetic consideration should be given to all reasonable requests made by the teacher.

At the conclusion of these discussions the headteacher should give a broad indication of the support mechanisms and professional development opportunities which will be made available. Dates for an Interim Review meeting and a Final Review meeting will be confirmed.



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As soon as possible after the discussion the headteacher should confirm in writing:

− the improvements to be made; − the support mechanisms and professional development package to be

provided; − confirmation of the review dates.

Depending on the context of the situation a reasonable length of time should be given for the teacher to reach the required standard.

(f) At the conclusion of the Final Review meeting the teacher should be informed of

the outcome.

Two outcomes are possible:

Outcome 1: Where improvements have been achieved to the required standard, no further action will be taken. The proceedings will be deemed to be complete. The teacher should be informed of this discussion in writing.

Outcome 2: Where improvements have not been achieved to the required standard, the teacher should be informed that formal disciplinary procedures will be implemented. This decision and the underpinning reasons should be communicated to the teacher in writing. The teacher should be advised of their statutory and contractual rights to be accompanied at stages 3 and 4.

Stage 3 : Disciplinary

(a) This stage comprises the employer’s formal disciplinary procedures.

(b) The problem is now considered to be one of long-running under-performance.

(c) The teacher should be advised of their statutory and contractual rights to be

accompanied. (d) A comprehensive statement should be produced by the headteacher indicating:

− details of the teacher’s alleged failure to maintain the standards described

in the SFR with clear identification of which aspects are alleged not to be of the required standard;

− details of the support mechanisms and professional development opportunities offered to the teacher;

− the duration of stages 1 and 2; − the teacher’s performance at the start of the support stage; − the teacher’s performance at the end of the support stage.

(e) The above information will be considered:

− at subsequent stages in the employer’s formal disciplinary proceedings; − if the case is referred to GTC Scotland.



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Stage 4 : Referral to the General Teaching Council for Scotland

(a) A case is referred to the Council under the terms of Section 9B of the Teaching

Council (Scotland) Act 1965 as amended, ie where a case culminates in:

− the dismissal of the teacher; − the resignation of the teacher in the context of a possible dismissal.

(b) Relevant information from the Disciplinary stage will be sent to the Council.

(c) Information relating to the Council’s procedures for dealing with such cases can

be found in the Council’s Code of Practice on the Exercise of its Disciplinary Functions and in the Conduct, Competence and Disciplinary Rules.

LNCT 10 Discipline Procedures for Teaching Staff

Documents

Transcript of LNCT 10 Discipline Procedures for Teaching Staff