Area School Principals' Collective Agreement
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Part 6: Complaints/Discipline/Competency
Area School Principals' Collective Agreement
Effective: 6 September 2019 to 5 September 2022
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6.1.1 Many complaints will be able to be resolved by discussion between the Board and the Principal without the need to take the matter any further. Wherever appropriate the Board should seek to resolve complaints in this manner in the first instance.
6.1.2 The Board and Principal may by mutual agreement adopt the optional complaint process known as the “Nga Kōrero me nga tikanga” (discussions in a Māori context) a copy of which is available from the Ministry of Education.
6.2.1 Where the Board has reason to believe that the Principal may have been guilty of misconduct the Board shall in dealing with the matter apply the following procedures:
- The Principal shall be advised of the right to representation at any stage.
- The Principal shall be advised in writing of the specific matter(s) causing concern and be given a reasonable opportunity to provide an explanation. Before making a final decision, the Board may need to make further inquiries in order to be satisfied as to the facts of the specific matter(s) causing concern.
- Where appropriate the Principal shall be advised of any corrective action required to amend the Principal’s conduct and shall be given a reasonable opportunity to do so.
- The process and any disciplinary action are to be recorded and signed by the Principal.
- Where the disciplinary process results in dismissal the Board shall, in cases other than serious misconduct warranting dismissal without notice, be required to give to the Principal no less than two months notice.
6.3.1 If the alleged conduct is deemed sufficiently serious the Principal may be either suspended with or without pay or transferred temporarily to other duties subject to the following:
- Other than in exceptional circumstances, the Board shall not suspend the Principal without first allowing the Principal a reasonable opportunity to make submissions to the Board about the alleged misconduct and the appropriateness of suspension in all of the circumstances. The Board shall take into account any submissions made by the Principal before determining the matter of suspension.
- The Board shall use its best endeavours to ensure that the period of suspension is kept to the minimum possible time consistent with ensuring that the allegations of misconduct are properly investigated and that the Principal is treated fairly at all times.
- If the allegation that led to suspension is without substance the Principal shall be reinstated effective from the date of suspension.
6.4 Instant Dismissal
6.4.1 Nothing in clauses 6.2 or 6.3 prevents instant dismissal without notice in the case of serious misconduct.
6.5.1 Where there are matters of competency which are causing concern in respect of the Principal, (for example failing to meet the appropriate professional standards) the Board shall put in place appropriate assistance and personal guidance to assist the Principal, and may seek such appropriate professional advice or medical advice as may be required. When this assistance and guidance has not remedied the situation, the following provisions shall govern the action to be taken:
- The Principal shall be advised in writing of the specific matter(s) causing concern and of the corrective action required, and the timeframe allowed. This timeframe should be determined by the Board and be relevant to the matters causing concern.
- The process and results of any evaluation are to be recorded in writing and signed by the Principal.
- A copy of any report made by the Board to the Teaching Council on the matter shall be given to the Principal.
- No action shall be taken on a report until the Principal has had a reasonable time to comment on the report (in writing or orally or both).
- If the above steps (a-d) fail to resolve the matter of concern, the Board may, where justified dismiss the Principal on two months notice without the need to follow the provisions of clause 6.2 above.