Secondary Principals' Collective Agreement
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Part Six: Disciplinary Provisions
Secondary Principals' Collective Agreement
Effective: 2 September 2019 to 1 September 2022
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6.1 General Provisions / Process
6.1.1 The following principles shall be used in addressing complaints, discipline, and concerns regarding competence, to ensure that such matters are, in the interests of all parties, fully and fairly addressed:
- Where issues or concerns arise the board shall initiate informal discussions with the principal in an attempt to resolve the matter in an informal manner. This applies following receipt of a complaint and /or concern(s) being raised. This occurs prior to formally commencing a disciplinary or competency process, unless the nature of the complaint or concern(s) is such that this would be inappropriate;
- Questions of competence, conduct and discipline should be handled in a manner which, as far as possible, protects the mana and dignity of the principal concerned. Principals may seek whanau, family, professional and / or other support in relation to such matters (refer Part Eleven).
6.2.1 Where there are matters of competency which are causing concern (for example failing to meet the secondary principals’ professional standards), the board shall put in place appropriate assistance and guidance to assist the principal and for that purpose, may seek such appropriate professional advice as may be required.
6.2.2 Where this assistance and guidance has not remedied the situation, the board shall initiate a competency process and the following provisions should govern the action to be taken:
- The principal must be advised in writing of the specific matter(s) causing concern and what, if any, corrective action is required.
- The principal is to be given a reasonable opportunity to remedy the matter(s) causing concern. This timeframe shall be determined by the board, may take into account any previous support or guidance, and shall be relevant to the matter(s) causing concern;
- The process and results of any evaluation are to be recorded in writing, sighted and signed by the principal;
- A copy of any report made to the board shall be given to the principal;
- No action shall be taken on a report until the principal has had a reasonable time to comment (in writing, orally or both);
- If the above steps (a-e) fail to resolve the matter(s) of concern, the board may, where justified, dismiss the principal without notice and pay him/her two months salary in lieu, without the need to follow the provisions of 6.3 below; and
- A copy of any report given to the New Zealand Teaching Council shall be given to the principal.
6.3.1 For the purposes of this part, the term misconduct includes:
- Any material breach of the terms of this agreement; or
- Any continued non observance or non performance of any of the terms of this agreement, or
- Any offence for which the principal may be proceeded against by way of indictment; or
- Any conduct by the principal (whether within the principal’s professional capacity or otherwise) that is unbecoming of a principal or which demonstrates that the principal is unfit to remain in the position of principal.
6.3.2 The principal must be advised of the right to have representation at any stage.
6.3.3 The principal must 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.
6.3.4 If the misconduct is found to have occurred then the corrective action(s) that may be imposed, following an opportunity for the principal to comment, include:
- Counselling and/or mentoring intended to assist the principal amend his/her conduct and/or change particular behaviours;
- A verbal or written warning that includes advice of any corrective action required to amend his/her conduct and a reasonable opportunity to do so; and
- A final written warning which includes advice of any corrective action required to amend his/her conduct and given reasonable opportunity to do so.
6.3.5 The board may also consider that the misconduct warrants dismissal with or without notice.
6.3.6 The process and any resulting action(s) are to be recorded, then sighted and signed by the principal, and placed on his/her personal file.
6.3.7 A copy of any report made to the board or provided to the New Zealand Teaching Council shall be given to the principal.
- If the alleged conduct is deemed sufficiently serious a principal may be either suspended with or without pay or transferred temporarily to other duties while the allegations are investigated.
- The board shall not, unless there are exceptional circumstances, 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.
- If the allegation that led to suspension is found to be without substance the principal shall, unless he/she has resigned in the interim, be entitled to resume duties immediately and, if suspended without pay, to have that pay re-instated from the date of suspension.
6.5.1 The board may, after applying the principles and processes of 6.1 and 6.2 or 6.3 above, terminate the employment of the principal by giving two months’ notice of termination or he/she may be dismissed without notice and paid two months’ salary in lieu. In the case of a finding of serious misconduct, the board may dismiss without notice.