The actions of a teacher may constitute misconduct or serious misconduct, even though they take place outside the school gates and outside school hours. The legislation is not structured in such a way as to draw a line between a teacher’s private and professional life. The principal question is not whether some incident took place in a teacher’s private or professional capacity, but rather whether the teacher’s actions, wherever and whenever they took place, reflect adversely on his or her fitness to be a teacher.
Generally no, but there will be exceptions to this where the student’s behavior is brought to the attention of the school and impacts on the school in some way, usually in terms of the student’s relationship with other students or with staff.
Education Council requires the completion of a mandatory report as follows:
Resignation – when the teacher has resigned and there were conduct or competency issues within the 12 months prior to their resignation.
Complaint received about a teacher formally employed in a school or centre
Alleged serious misconduct
Failure to reach level of competence
The legal test is whether the fixed term is for “genuine reasons based on reasonable grounds” and the number of fixed terms that the employee has been employed for previously will be relevant in meeting this test but it will not be determinative. Note that the reason for the fixed term must be stated in the employment agreement together with the commencement date and expiry date.
If a teacher has previously undertaken one school term of advice and guidance which they have successfully completed, and then subsequent issues arise, is it possible to go straight to the second stage of advice and guidance?
No, if the teacher has been signed off as having successfully addressed the performance issues in the advice and guidance programme, any performance issues which arise at a later date will require a new process to be commenced.
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