CONTENTS
CONTENTSOnly the principal may make the decision to stand down or suspend.
This includes someone who is formally delegated in writing by the board, to act as the principal in your absence. Such delegation can only take effect when the principal is not on duty.
You must ask these questions about the facts from the investigation.
- Did the student’s behaviour constitute gross misconduct, continual disobedience or behaviour risking serious harm*?
- If the incident was gross misconduct or continual disobedience, did it set a harmful or dangerous example to other students at school?
- What part did the student’s individual circumstances play and are there mitigating factors to consider?
- What action is appropriate in these circumstances?
These questions will help you to understand your legal options and duties in Section 80 of the Education and Training Act 2020.
It is important for you to complete a fair and thorough investigation before coming to a decision about whether or not to use a stand down or suspension.
Your decision must also be prompt, well considered and fair. What is a reasonable timeframe for the investigation will depend on the complexity of the circumstances.
A student is required to attend school during an investigation. You cannot ask that they absent themselves from school.
If the Police are also involved, you must undertake your investigation and make your decision independent from any Police matters, using the information that is available to you to inform your decision in a timely way.
If the incident does not fit into one of the 3 categories (gross misconduct, continual disobedience or behaviour risking serious harm) then you may not stand down or suspend.
* Serious harm is harm that is significant and has an adverse effect to the ongoing welfare of the student or other students.
Education and Training Act 2020: Section 80
Principals of state schools or persons responsible for teaching and learning in charter schools may stand down or suspend students:
- the principal of a state school or the person responsible for teaching and learning in a charter school may stand down or suspend a student if satisfied on reasonable grounds that
- the student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school or
- because of the student’s behaviour, it is likely that the student, or other students at the school, will be seriously harmed if the student is not stood down or suspended.
It is unlawful to:
- use stand downs or suspensions as a mechanism for getting additional support. If you require support, contact your local education advisor
- use a stand down or suspension to investigate the incident
- send a student home for disciplinary reasons (see Rule 8) unless using a stand down or suspension*
- change a stand down decision to a suspension decision after it has come into effect, as a student cannot receive an additional stand down or suspension for the same incident.
* CAC vs Fenton – New Zealand Teachers' Disciplinary Tribunal
