Complaints of a serious nature against teachers

NSW Teachers Federation demands that the Government make appropriate amendments to the Child Protection and Related Acts Law and the Department of Education and Training (DET) make appropriate amendments to procedures to make them more humane, open and expeditious in determination of complaints.

Allegations are being made against teachers by parents and students which on many occasions are unsubstantiated and appear to be vexatious. In some cases parents with an axe to grind are going beyond the school in the first instance and directly to the district superintendent with their allegations. In some circumstances the principal of the school and/or the teacher about whom the allegation has been made is not informed that an allegation has been made and, even worse, an outcome of which the school is unaware has been provided to the complainant.

Federation acknowledges that the Ombudsman requires that certain categories of allegations be investigated and that therefore the district superintendent or the principal has no alternative but to notify such allegations. Federation demands, however, that procedural fairness be afforded to teachers as well as to students. In the current climate students' rights appear to be superior to those afforded to teachers. Indeed, some actions by DET investigators imply the assumption of guilt prior to any investigation being concluded. Consequently teachers feel under attack and unsupported by their employer.

In view of the above information the following processes are to be implemented:

a) All complaints against teachers made to the district and head office be initially referred to and discussed with the principal.
b) A decision is to be made at that meeting as to appropriate policy, which will be used to investigate and resolve the complaint.

A complaint, which could relate to abuse of a student which may be described as sexual, physical or emotional abuse leading to psychological harm be referred to the Child Protection Investigation Directorate (CPID) for the implementation of their processes.

All other complaints should be dealt with under Responding to Suggestions Complaints and Allegations (April 23, 2001).

The Federation is to arrange a meeting with the appropriate DET staff to discuss and draw to their attention that:

• Teachers have the same rights as all other members of society, that is, to be considered innocent until proven otherwise. This means that leave, long service leave without pay, as well as transfer rights, should not be denied.
• The DET encourage district office staff, in particular the district superintendent, to give moral and practical support to schools and individual staff members who are subjected to complaints.
• Where a complainant has been found to have made frivolous, misguided or unfounded complaints against individual staff or the school in general the district office is, at the conclusion of the investigation, to respond in writing to the complainant explaining the repercussions of making such complaints. If evidence is available the DET is consider and where possible initiate legal action against the complainant.
• The timeframes taken to investigate and resolve these issues are unconscionable and that action is to be taken by the DET to reduce these timeframes. It is to be noted that the detrimental effects that such delays have impact on staff, students and families concerned.
• Teachers should not have to undergo unacceptable stress and trauma caused by the interminable delays as a result of the CPID's in ability to undertake investigations expeditiously.

• The DET be encouraged to deal with the complaint as alleged and are not to solicit unrelated matters.
• The DET is to consult with the school executive and the Federation Representative as to whether any action should be taken against the student whilst the complaint is being investigated. Consideration may be given to removing the student from the teacher's classes, from the school and/or providing an alternate placement at another location, tutoring in a suitable location or implementing the Suspension of Students policy.
• If a situation arises in a school where it is felt that the principal or the district superintendent's handling of a complaint against a member has not been in the best interests of the staff and the students then advice should be sought from the Federation Organiser about what appropriate industrial action could be taken by the teachers.

2002 Annual Conference decisions

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Last Modified: 15 Nov 2005