Refer National Administration Guidelines: 3 (i) (ii) 5 (ii)
RATIONALE:
This policy aims at providing a framework for all members of the school community to handle these difficult situations, keeping in mind it is the education and well-being of the child we are most concerned with.
PURPOSES:
1. To represent the rights of all individuals concerned: child, school employee, parent and Principal, and Board members.
2. To give specific directions and procedures to follow.
3. As far
as practicable, to resolve any complaints to the satisfaction of all parties.
GUIDELINES:
1. GENERAL COMPLAINTS - Order of Procedure
A. Complaints regarding employees of the school are to be handled in accordance with the following procedure:
1. Where it is appropriate and practical to do so, the complainant will discuss the problems with the person concerned, then a member of Senior Management, the Principal. Where appropriate , the parties should meet to reconcile their differences.
2. Initial complaints may be made verbally, but if the matter is to be taken further, the complaint must be put in writing addressed to the Principal.
3. Such complaints should be referred to the employee concerned for a reply, again in writing.
4. The Principal shall consider the employee’s reply before deciding what action, if any, to take. Every effort shall be made to reconcile the differences involved and achieve an outcome that is fair to the employee and the complainant.
5. If a complaint is directed in the first instance to the Board of Trustees, the Board will refer the matter to the Principal, unless the matter is one which is properly addressed by the Board.
6. Any complaint regarding the Principal shall be addressed in writing to the Board of Trustees. The Chairman of the Board will address the complaint using the procedure outlined in 1-4 above.
7. If the Principal, employee and complainant cannot resolve the issue satisfactorily, the Principal will refer the matter to the Board of Trustees who will decide what further action, if any, is required. The Board may conduct its own investigation of the matter.
8. Where the circumstances warrant it, the Board may direct the Chairman or Principal, as the case requires, to proceed with either or both of the following procedures:
Primary Teachers’ Collective Agreement 2004 – 2007 Part 3 Pages 13- 15
9. Any member of the Board of Trustees who is personally interested in a complaint shall take no part in any discussion or decisions regarding the matter and must withdraw from any Board meeting while the matter is discussed. They may submit a statement on the matter. However, a Board member who is party to a complaint may participate in the resolution process on the same basis as any other complainant would be entitled to do.
10. All written complaints will be acknowledged, and a summary of the outcome rovided by the Principal or Board of Trustees.
B. Complaints regarding the management of the school and its day-to-day operation, should be directed to the Principal in the first instance. If a complainant is not satisfied with the Principal’s handling of the complaint, they may escalate their complaint (in writing) to the Board.
C. Complaints regarding the governance of the school, its budget, strategic direction or policies should be directed to the Chairman of the Board of Trustees in writing. The Board will give due consideration to all complaints received and will decide on what action, if any, should be taken. All complaints will be acknowledge and responded to in writing.
II. DISCIPLINARY PROCEDURE:
1. The employee must be advised of his/her right to request union or other assistanceand/or representation at any stage.
2. The employee must be advised of the specific nature of the alleged conduct and a reasonable opportunity provided for the employee to respond.
3. The employee must be advised of any corrective action required to amend his/her conduct and given a reasonable opportunity to do so.
4. Before any substantive disciplinary action is taken, an appropriate investigation is to be undertaken by the employer.
5. Depending on the seriousness of the misconduct, an oral warning should usually precede a written warning. The content of this discussion must be recorded on the staff member’s file.
6. The process and results of any disciplinary action are to be recorded in writing, sighted and signed by the employee as having been seen and placed on his/her personal file.
7. Pursuant to the Privacy Act, the employee may add an attachment to the personal file, if he or she disagrees with what has been stated.
8. If the alleged conduct is sufficiently serious, an employee may be either suspended on pay or transferred temporarily to other duties pending an investigation under (4). In exceptional circumstances, an employee may be suspended without pay.
9. An employee, who has been suspended under (8) of this clause, must be entitled to resume the position from which he/she was suspended, (with pay recompensed) if the allegation is found to be without substance.
10. In the case of serious misconduct instant dismissal without notice is an option.
III. TEACHER COMPETENCY:
When there are matters of teacher competency which are causing concern, the Principal shall put in place appropriate in-school collegial assistance; professional and personal guidance to assist the teacher in the tasks to be accomplished.
When this on-going professional assistance has not remedied the matter of competency causing concern, the following provision should govern the action to be taken.
1. Action may be initiated only by the Principal.
2. The teacher must be advised in writing of the specific matters causing concern and of the corrective action required and time frame allowed.
3. The process and results of any evaluation are to be recorded in writing, sighted, and signed by the teacher.
4. A copy of any report made by the Principal to the Board or to the Teachers Registration Board shall be given to the teacher.
5. No action shall be taken on a report by the employer until the teacher has had a reasonable time to comment (in writing or orally, or both) to the employer.
6. The provisions of this clause do not apply to Principals. If the Principal is involved, the above procedures would be initiated by the Board of Trustees.
References:
Primary Teachers’ (Including Deputy Principals, Assistant Principals and Other Unit Holders) Collective Agreement - Effective 2004 – 2007 Part 3 Pages 13 - 15
The Employment Contracts Act 1991 (applied to the Education Service under the provision of the State Sector Act 1988 Part V11.
Self Review
1. This policy will be reviewed in accordance with the Boards triennial programme of self review.
2. The Board process will involve consultation with senior management, school staff and the parent community.
3. The reviewed policy will be made available to members of the school community once ratified by the Board.
Chairperson Signature
Date
Next Review 2010