Linden School Policies a nd P rocedures – N AG 3 PERSONNEL The National Administration Guidelines for school administration set out statements of desirable principles of conduct or administration for specified personal or bodies. The NAGs are amended by the Board of Trustees as set out in the review cycle.
Effective 2013/Revision date 2016 1
Table of Contents PERSONNEL POLICY (NAG 3) ....................................................................................... 3 3.1 Allocation of Salary Units ........................................................................................ 6 3.2 CRT (Classroom Release Time) ............................................................................... 8 3.3 Equal Employment Opportunities (EEO) ............................................................... 9 3.4 Appointments.......................................................................................................... 11 3.5 Police Vetting and Teacher Registration ................................................................ 14 3.6 Beginning Teacher Induction ................................................................................. 15 3.7 Leave of Absence for Staff ....................................................................................... 16 3.8 Staff Professional development .............................................................................. 18 3.9 Performance Appraisal ........................................................................................... 19 3.10 Staff Competency .................................................................................................... 21 3.11 Staff Exit Questionnaire......................................................................................... 22 3.12 Sexual Harassment ................................................................................................ 23 3.13 Complaints Resolution Procedure ..........................................................................25 3.14 Disciplinary Action .................................................................................................27 3.15 Personal Grievance ................................................................................................. 31 3.16 Protected Disclosures ............................................................................................ 33
Appendices of part Acts: A
State Sector Act 1988
B
Privacy Act 1993
C
Education Act 1989
D
Employment Relations Act 2000
E
Human Rights Act 1993
F
Protected Disclosures Act 2000
M
Vulnerable Children Act 2014
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PERSONNEL POLICY (NAG 3) POLICY: Linden School Board of Trustees will take all practical steps to ensure all its obligations under NAG 3 concerning Personnel are met. NAG 3: According to the legislation on employment and personnel matters, each board of trustees is required in particular to: a) Develop and implement personnel and industrial policies, within policy and procedural frameworks set by the Government from time to time, which promote high levels of staff performance, use educational resources effectively and recognize the needs of students; and b) Be a good employer as defined in the State Sector Act 1988 Section 77A (Appendix A) and comply with the conditions contained in employment contracts applying to teaching and non-teaching staff. The school will prepare procedures that ensure this policy is met. These and other procedures will be in keeping with any relevant collective or individual contracts and keeping in mind NZ School Trustees Association (STA) recommendations. EXPLANATION: Linden School will provide an environment where staff feel valued and supported. We believe that a skilled, committed and stable staff will provide the best learning environment for students. The valued and supported environment will come about by: • Providing optimum safe working conditions • Appropriate resources (e.g. laptops, classroom, staffing) • Effective on-going professional development • Career opportunities • Adhering to the Health and Safety in Employment Act 1992 and any school health and safety policies Linden School Board of Trustees: • Shows commitment to Equal Opportunities in all aspects of employment including recruitment, training, promotion and conditions of service. •
Recognises the value to the school of attracting people of diverse backgrounds and talents, and ensures that employment and personnel practices are fair and free of any discrimination or bias.
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Strives to maintain a working environment free of discrimination or harassment as is outlined in the Human Rights Act 1993 (Appendix E).
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In making appointments, selects the person most suited to the position in terms of skills, experience, qualifications and aptitude, and on the basis of performance (past, present and potential), and the willingness and capability to assume responsibility. All appointees must have a satisfactory Police Vetting Report.
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Ensures that all employees have written employment agreements and that all employment records are maintained.
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Takes all reasonable steps to ensure that good and safe working conditions exist for employees in the provision and condition of the working environment and facilities, and responds to all reasonable and achievable requests made by employees.
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Recognises the needs of ethnic and minority groups, and the employment requirements of women and persons with disabilities by responding to all reasonable requests made by employees.
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Makes yearly budget provision to support training and development programmes to enhance the abilities of individual employees with the expectation that funds used in this way will be reflected in enhanced employee performance in aspects of their work.
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Takes all other reasonable steps to ensure that it is a good and fair employer by responding to issues or concerns raised by employees.
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Delegates responsibility to the principal on all matters relating to the management of staff in the expectation that they will be managed in a sound, fair, and respectful manner in accordance with the current terms of employment documents and identified good practice.
STAFF PROFESSIONALISM The professional learning environment established by the staff, led by management, involves complex roles and responsibilities in the relationship between staff and students and the wider school community. The creation of this optimal learning environment requires the staff to demonstrate complete professionalism in student and collegial relationships. At Linden School: • Conflicts amongst staff will be discussed and resolved only with the people concerned and senior management where appropriate, in a suitable private environment •
It is never appropriate to publicly criticise or ridicule the reputation, integrity or ability of any member of staff
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During presentations to the school and/or its community, it is not appropriate for staff to display distracting or critical body language toward presenter
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Staff share resources and ideas to maximise the overall effectiveness of teaching and develop familiarity with elements of curriculum documents
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Staff work cooperatively to ensure consistency in teaching and the smooth functioning of the school
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Staff are expected to be conversant with current school policies, procedures and guidelines
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Staff are expected to avoid negative personal comments on policy, and to express concerns directly to those responsible
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Staff contribute to wider school activities including extra curriculum and pastoral
Staff are responsible for meeting their own professional and developmental needs, with support and encouragement from management, by: • • •
Critically reviewing their own skills and level of performance and taking advantage of training opportunities Encouraging colleagues and senior staff to observe and assess their performance and provide relevant feedback as well as taking part in the school performance management reviews Actively participating in Moderation and Monitoring (M&M) meetings and Puzzle of Practice (PoP) meetings
Teachers are expected to maintain confidentiality by: •
Treating personal information disclosed by staff and students as confidential and not discussing this information without just cause
Fraternisation - with Staff Social interaction among staff can help build team spirit, develop positive working relationships and manage stress. Inter-personal relationships among staff need to be conducted with the comfort of other staff members in mind. Fraternisation -with Students Teachers are expected to maintain their professional role when dealing with students which. • Staff treat all students on an equal basis regardless of personal feelings or preferences. • Staff avoid situations whenever possible where they are alone with a student. REPORTING: The Principal will report to the Board of Trustees on the staff morale, staff development and compliance with appropriate legislation. This reporting will include but not be limited to: • •
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A bi-annual report based on a survey of staff regarding their view of the working environment. An annual report confirming that all staff appraisals have been completed and any issues resulting from that are dealt with appropriately and where necessary in accordance with collective or individual contracts. An annual report summarizing the professional development plan for the next year and performance against the plan from the current year.
CONCLUSION: Linden School will have school procedures that will ensure our continuing development as an employer of choice. Effective date: 2013 Revision date: Term 3, 2016
........................................ Chairperson, BOT
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3.1 Allocation of Salary Units
Guidelines and Procedures Effective school self-management requires an able team that is capable of sharing leadership responsibilities. A ‘Unit’ system for middle management forms part of the Primary Teachers’ Collective Employment Agreement. The roll of the school generates staffing allocations. Part of these allocations are units that carry remuneration, paid by the MOE. Salary units can be fixed term or permanent. • ‘Permanent’ units are for positions of leadership responsibility and are advertised as such during the appointment process for leadership positions. Once awarded these units are permanent, and are attached to the job; • ‘Fixed term’ units may also be generated. Fixed-term units may be for responsibility/reward/retention or recruitment. Agreement on a clear, transparent and fair process for the allocation of fixed term units will ensure that a career structure for middle management is retained and that the management needs of the school are met. Through the appropriate use of units, a wider net of staff will be able to share in the management of the school. Units need to be allocated in such a way that the learning of the students is enhanced and the staff given support. At Linden School: • • •
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Units are for teaching staff. Teaching staff may hold a mixture of permanent and fixed-term units. The position status of the Deputy Principal and Assistant Principal will be maintained over that of other unit holders in the school by allocating a minimum of one unit to each of those positions. Teachers with units are recognised as having responsibilities related to school-wide programmes and effective learning outcomes. Permanent units should equate to at least 65 % of the school unit allocation. Fixed-term units are available for allocation to a teacher or teachers on an annual basis for a minimum of two terms and a maximum of four terms. The principal will be responsible for informing the staff about the process relating to the awarding of fixed-term units. In years where the roll generates fixed-term units, staff will be asked to identify initiatives that could attract fixed-term unit allocations. Teachers are free to apply for the allocation of fixed-term units, or to nominate others.
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In awarding fixed-term units, priority will be given to proposals which: 3.7.1 3.7.2 3.7.3 3.7.4 3.7.5 • • •
are not part of normal staff delegations and responsibilities; are whole school initiatives; enhance school development in curriculum or other areas; would not otherwise be able to happen; effect a change.
The Principal is not eligible for allocation of fixed-term units. The Principal will make the final recommendation to the BOT on the allocation of fixedterm units. In the event of dissatisfaction with fixed-term unit allocation, an approach should be made to the Principal. If resolution is not achieved, a review process will involve addressing a written complaint to the BOT, who have the final responsibility for resolving any dissatisfaction; an NZEI representative may be invited to help with this resolution.
Date Effective: 2013 Revision Date: Term 4, 2016
…………………………………. Chairperson, BOT
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3.2 CRT (Classroom Release Time) This policy must be written in conjunction with the Primary Teachers Collective Agreement. The intent of classroom release time is to address teacher workload while maximising benefits for student learning. At Linden School: The use of classroom release time is to be professionally useful for the school’s teaching and learning programmes, the teacher’s professional growth and the learning needs of the students. Examples of how classroom release time will be used: • Planning • Evaluating • Reporting • Personal professional development • Observing other teachers • Reading/Research • Syndicate meetings • Assessment • Resource Preparation • Any other use agreed to from time to time between teacher and principal Each teacher will be allocated ten hours per term. The roster will be generated by the school’s DP or principal and take into account where possible the requests of individual teachers. Where school sessions prevent allocation of precisely ten hours of classroom release time, the school shall endeavour to provide as close as possible to the 10 hour entitlement including, where needed, advanced or delayed entitlement across the four terms of each school year. Where for genuine reasons, during term planning or at short notice, it is not possible to provide CRT to an individual or group of teachers the school will: • Record the reason for non-delivery • Endeavour to reallocate the CRT at a later date in that school year • Use the record of non-delivery when reviewing the policy These procedures and guidelines may be reviewed as required in the following instances: • Staff turnover • Recruitment/ Retention Issues • New education initiatives e.g. introduction of specialism • Concern about benefits to student learning • Any other genuine issue or concern
Effective date: 2013 Revision date: Term 4, 2016
....................................... Chairperson, BOT
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3.3 Equal Employment Opportunities (EEO) By having ‘Equal Employment Opportunities’ guidelines we ensure that all employees and applications for employment are treated according to their skills, qualifications, abilities and aptitude without regard to irrelevant factors. At Linden School: •
The legislative requirements of the State Sector Act 1988, Section 58 (Appendix A) and the Human Rights Act 1993 (Appendix E) are met.
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The Board of Trustees has responsibility for EEO.
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The Board of Trustees will delegate responsibility for EEO to either a Board or a Staff member.
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The delegated person will be given a clear outline/job description of what her/his responsibilities are, and will be given the opportunity for professional development in this area.
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The development and implementation of the EEO guidelines is done in consultation with staff
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When personnel policies are reviewed, as part of the school’s self review programme, they will be reviewed from an EEO perspective, to ensure they are non-discriminatory.
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The need for all school policies and procedures to incorporate EEO requirements and reflect a commitment to the Treaty of Waitangi.
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The need to identify and address discriminatory practices and policies.
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The need to provide a non-discriminatory, culturally sensitive and safe working environment for all staff.
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An EEO Co-ordinator is responsible for: o Co-ordinating the development and implementation of the EEO guidelines and may be contacted about EEO matters in the school. o Establishing an employee database which will be updated when staff are appointed or leave and on an annual basis, through the use of questionnaires. The information from the database will be analysed to identify target groups and where they are, in relation to all staff. o EEO Officer reports to the BOT when EEO questionnaires are completed and anything requires action.
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The Board of Trustees will recognise the aims and aspirations and employment requirements of all groups and will be especially aware of those groups that have been recognised as being disadvantaged in employment; women, M ori, people with disabilities and other ethnic minority group teachers. These groups will be consulted about their needs, goals and wishes, in order to help formulate objectives.
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All ongoing staff development is implemented in a positive and supportive way that leads to the professional growth of individual staff members
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All personnel guidelines and procedures are developed and reviewed to ensure that they adhere to EEO principles.
Effective date: 2013 Revision date: Term 4, 2016
........................................ Chairperson, BOT
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3.4 Appointments The best way of meeting the needs of the School’s students is by the appointment and retention of staff of the highest ability and motivation. It is therefore important that the process of appointment attracts the best possible field of applicants for any position. To encourage a wide response to vacancies, the process of appointment must be seen to be consistent, fair and that the rights of all applicants are met. The Board will ensure it meets its obligations as a Good Employer, and that the person best suited for the position shall be appointed as stated in the State Sector Act 1988, part 7A, section 77 (1) (Appendix A). This policy must be read in conjunction with the Teacher Registration requirements under the Education Act 1989, Part 10 (Appendix C). At Linden School: •
Equal employment procedures will be applied during the appointment procedures.
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Appropriate funding for staff appointments will be budgeted for.
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Appropriate information shall be sent to prospective applicants.
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Information received from applicants and their referees, and gained in the process of appointment, shall be regarded as absolutely confidential to those directly involved in the appointment.
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The BoT or Principal shall advertise vacancies. They shall decide which publications are best suited for advertising each vacancy. Advertising will be locally for a teaching position less than one year and nationally for a teaching position more than one year.
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All applications will be acknowledged on receipt.
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The Appointments Panel shall decide which applicants to interview after going through the shortlist procedures.
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Interviews shall be carried out by the Appointments Panel unless the Board decides otherwise.
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The composition of the Appointments Panel shall be decided in sufficient time to plan for each appointment.
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Appointment panel members will declare prior knowledge of applicants if they are involved in the appointment.
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The interview panel selected will wherever possible; contain at least one person of each applicant’s gender and/or ethnicity.
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A professional advisor may be sought by the Board to assist when appointing a principal. The extent of the advisor’s involvement in the appointment process will be determined by the Board at the same time it considers who to ask to assist it. Normally the advisor will not take any part in the actual selection process.
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All shortlisted candidates may bring support persons to the interview. The appointments panel decide whether or not to involve that person or persons in the interview process.
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Verification of the selected appointee’s claims must be sought in accordance with the Privacy Act Part 2, Section 6 (Appendix B).
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When a decision to appoint is made it shall be announced as follows: o The Chairperson or Principal will inform the successful candidate o A formal letter of appointment will be sent to the successful applicant to sign and return with their letter of acceptance within 5 working days. o After acceptance by the successful applicant, letters of non-appointment will be sent to all other applicants. o If the successful applicant does not accept the position, the Board delegates the appointments panel to offer the position to the second applicant in terms of suitability, or re advertise the position. o When the appointment is complete the Principal will initiate the appropriate procedures to have the appointee placed on the payroll. o The whole Board will be informed after the applicant has formally accepted the position. The appointment will be ratified by the BOT at the first Board meeting after the appointment is made.
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Letters of appointment will be given to persons employed for discretionary hours at the beginning of each term of their employment.
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Only Registered teachers with a current practicing certificate will be employed for teaching positions. If the successful applicant is a beginning teacher with practicing certificate and registration still processing with the teachers Council, the appointment will be made subject to confirmation of these being approved.
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The Appointment Panel shall have the Board’s authority to make an appointment unless the Board specifically withdraws that authority prior to an appointment being made. All employees will have a written employment agreement and any employment records will be maintained in keeping with the Privacy Act 1993.
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For Teachers, the School will ask for: • Teacher registration number in application packs; and • The type of registration and expiry date. Documentation that must be filled in at the appointment stage includes: • School staffing appointment form for Novopay. 12
• • • • •
Teacher Registration number entered in the school management system with expiry date of registration noted. IRD form collected and filed if required. Reply to appointment letter. Inform employee about the union and notify the site representative For Provisionally Registered teachers: o Application for salary assessment o Produce and sign verification of qualifications o Complete Provisionally Registered Teacher time allowance application
For non-teaching staff, the School will require: • Before the position is ratified the person will undergo police vetting • Permanent employees must be vetted on a three year cycle • Existing contractors who regularly work in the School during the school day must be vetted on a three year cycle • A vet form to be completed online by the Principal for new support staff. • A vet form to be completed prior to commencement of work for new contractors who work in the School during the school day For support staff: • All support staff will be police vetted before ratification of appointment • Positions may be advertised in local papers • Each applicant will be assessed against appropriate criteria • The successful applicant must be made aware of the uncertainty around allocation of hours The letter of appointment for new support staff should clearly specify: a. What the job is b. The commencement date c. The salary to be paid – grade/step d. The hours and weeks to be worked e. If the appointment is temporary the purpose of the job should be stated as well as the finishing date f. Variable hours and notice period
Effective date: 2013 Revision date: Term 3, 2016
........................................Chairperson, BOT
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3.5 Police Vetting and Teacher Registration Linden School will ensure that all employees will be appropriately registered and police vetted. This policy must be read in conjunction with the requirements of the Vulnerable Children Act 2014, Part 3 (Appendix M). Police Vetting: •
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Police vetting is required under the Education Act 1989 Section 78CB (Appendix C) and ensures that students are not exposed to an unacceptable risk by people they come into contact with at school. The school maintains strict confidentiality throughout the process, sharing the vetting information with the only the person concerned as per the Education Act 1989 Section 78CD (Appendix C). Where information causing concern is received no adverse action will be taken until the person concerned has been given a reasonable opportunity to validate the information as per the Education Act 1989 Section 78CD (Appendix C).
Vulnerable Children Act 2014 (Appendix M) states: Ø A specified organisation must not employ or engage a person as a children’s worker without ensuring that a safety check of the person that complies with the requirements of safety checks is completed before the employment or engagement commences. Failure to comply is an offence and is liable on conviction to a fine not exceeding $10,000. Ø Every safety check of a person must include: a. confirmation of the identity of the person b. consideration of specific information c. a risk assessment that assesses the risk the person would pose to the safety of children if employed or engaged as a children’s worker. Ø These safety checks must be carried out within 3 years after the date of the latest safety check of that person. Teacher Registration: This policy must be read in conjunction with the requirements under the Education Act 1989, Part 10 (Appendix C). • •
All teachers and principals employed by the school for more than ten days must be registered by the New Zealand Teachers Council. Teachers are responsible for renewing their practicing certificate every three years. The cost of this is not met by the school.
Effective date: 2013 Revision date: Term 3, 2016
…………………………………. Chairperson, BOT
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3.6 Beginning Teacher Induction At Linden School: We are committed to offering our beginning teachers a high quality guidance and support programme that will actively contribute to the successful completion of their full teaching registration GUIDELINES: 1. A tutor teacher will be appointed for each beginning teacher. Wherever possible the tutor teacher will be working in the same syndicate as the beginning teacher. The tutor teachers who have responsibility for the induction of these teachers will be experienced and skilled classroom practitioners, able to give professional guidance. This gives qualified teachers the opportunity to pass on their professional skills as well as providing support and guidance for the beginning teachers. 2. A planned programme will be provided for the beginning teachers and will be determined by the tutor teacher in discussion with both the beginning teacher and the principal. 3. Release time will be made available for the induction of beginning teachers during their first year. Suggestions for how this time will be used are: a. Allowing beginning teacher’s time to examine issues related to professional development and classroom practices. b. Observations of tutor teacher/ observations of beginning teacher. c. Allowing the tutor teacher time to extend and modify his/her own expertise. d. In school observations (own and neighbouring where applicable) e. Demonstrations in beginning teacher’s class by tutor teacher and other experts f. Exploring school resources g. Attending beginning teacher in service courses and other professional development. 4. Tutor teachers will maintain a folder with regular written feedback and feed forward to the beginning teacher regarding classroom practice throughout the year. (Copies will be kept and signed by both parties). Tutor teachers will also provide a written report to the beginning teacher, with copies to the Principal.
Date Effective: July 2015 Revision Date: Term 3, 2016
........................................ Chairperson, BOT
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3.7 Leave of Absence for Staff Members of staff are entitled to apply for leave of absence. Most leave provisions are covered by Part 4 of the current Primary Teachers’ Collective Agreement and Part 7 of the Primary Principals’ Collective Agreement. Approval for discretionary leave will not be unreasonably withheld but it must be recognised that the needs of the children and the efficient running of the school must be considered for every application. The Board of Trustees will recognize their obligations as an Equal Employment Opportunities employer. At Linden School: •
All applications for leave longer than three days must be submitted to the Principal in writing.
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Except in cases of sudden illness, or accident, no teacher shall be absent for longer than 5 days without the approval of the Board of Trustees. A week or shorter the Principal is delegated discretion to decide.
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Where possible, applications should be made well in advance of the time requested.
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All staff members should consult the C.E.A. as above before submitting an application.
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Any application covered by the award will be granted automatically.
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Board approval is sought for any requests for: o discretionary staff leave with pay o discretionary staff leave without pay for longer than 4 days o staff travelling overseas on school business
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When considering discretionary leave, the Board and Principal must consider such issues as the running of the school, the effect on the class involved, and past precedent.
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The Principal/leadership team has the responsibility of appointment of the required relievers. All support staff are covered by relevant agreements and legislation
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Where possible long term leave should be taken during holidays but applications will be considered favourably under the following conditions: a) The applicant has had at least two years' service in the school. b) There is a reliever available to fill the position.
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In the event of a need for urgency, the Principal may grant an employee leave provisionally on the condition that an application is made to the next meeting of the Board for leave in terms of the above guidelines.
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Any member of staff whose application is turned down may appeal to the Board of Trustees in writing.
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Unless specified in the collective employment contracts, leave of absence will be unpaid leave unless the Board/Principal decides that conditions prevail indicating paid leave should be granted.
SICK LEAVE: •
All staff after 3 days of sick leave must provide a medical certificate.
Effective date: 2013 Revision date: Term 3, 2016
…………………………………. Chairperson, BOT
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3.8 Staff Professional development Professional development aims to improve teacher effectiveness and raise student achievement. It also aims to increase teacher job satisfaction. Professional development programmes are designed to refine curriculum knowledge and delivery about teaching and learning. At Linden School: •
Within the school’s Annual Plan, the Principal will advise on Professional Development priorities for the year. The Principal will include an estimate of funding requirements within the annual budget.
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The Principal will prepare an annual Professional Development overview and a register of whole school and individual professional development will be maintained.
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Staff development will be as a result of school self-review and linked to student achievement and teacher effectiveness.
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Staff will ensure that their learning from Professional Development is evident in their classroom practice.
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Individual staff development will be planned between the individual and their appraiser recognising their own goals and the needs of the school.
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Professional development will cater for individual and/or whole staff professional needs.
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The Board of trustees will provide the necessary resourcing for the development needs each year within the budget.
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All staff are required to have a job description and to participate in staff development programmes.
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A wide range of options for the provision of staff development programmes will be canvassed, in matching identified needs to courses provided.
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Non- teaching staff will also have provision for professional development in order to meet the needs of their job description and improve job satisfaction.
Effective date: 2013 Revision date: Term 4, 2016
…………………………………. Chairperson, BOT
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3.9 Performance Appraisal At Linden School: As a good employer under the provisions of the State Sector Act, 1988 Section 77A, Part 2e (Appendix A) the Board seeks to enhance staff performance. This is done partly through ongoing professional appraisal which assesses areas of performance and provides opportunities for developing and enhancing performance standards. • • •
The appraisal programme will be supported by school organisation and budgeting. The Education Review Office has the right to sight performance appraisals when formally requested Appraisals will be retained for a period of 3 years after a teacher leaves, after this time they will be destroyed
STAFF APPRAISAL – •
Staff will be appraised at least annually and the Principal will report any anomalies to the Board of Trustees at the December meeting
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The Principal is delegated authority to conduct all school staff appraisals and, at their discretion, to sub-delegate senior staff to carry out appraisals on their behalf
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The performance appraisals of staff will be confidential to the individual being appraised, the appraiser and the Principal, unless the appraisee agrees otherwise.
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Every staff member will have a Job Description which will be an essential part of the appraisal
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Performance will be appraised in the form of mutually negotiated goals which will be established between the appraisee and appraiser.
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Appraisal will assist identifying areas for personal development.
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Staff members will be entitled to assistance to address any areas identified as problem areas in the appraisal.
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If a staff member disagrees with the report, they have the right to attach a written comment on the point of disagreement
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If a staff member seriously disagrees with their performance appraisal report, and the Principal is not able to resolve the disagreement, then a Review Board comprising the Principal, the Board of Trustees Chairperson and one other Board of Trustees member (agreed to by both parties), will be selected to mediate in accordance with the
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requirements and procedures outlined in the appropriate employment contracts and school policies PRINCIPAL APPRAISAL •
Responsibility for managing the Principal’s appraisal is delegated to the chairperson of the Board
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The Chairperson and Principal will through consultation determine a process for conducting the appraisal
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The Chairperson may, in consultation with the Principal, engage an outside educationprofessional with appropriate skills to conduct the appraisal process
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The prime focus of the appraisal will be the Principal’s performance assessed against national Professional Standards for Principals, the Principal’s Job Description and any other agreed set of goals decided upon through consultation between the Principal and the Chairperson (or Appraiser) or a mutually acceptable agreed alternate.
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The appraisal process will be implemented annually.
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The board will provide the principal with opportunities to be involved in professional development, in both curriculum and administration management.
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The principal can expect that fees and related expenses for approved courses and professional development will be paid for by the board.
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Confidentiality: o Any documentation relating to the Principal’s appraisal will remain confidential to the Principal, the Appraiser and the BOT Chairperson, unless the Principal agrees otherwise o The Board Chairperson or the Appraiser will report to the Board as a verbal summary of the appraisal
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Dispute Resolution: o Any dispute related to the appraisal process will be referred to an independent arbitrator mutually agreed upon by the Principal and the BOT Chairperson o In the final analysis the Board as employer will have responsibility for the final decision.
Effective date: 2013 Revision date: Term 3, 2016
…………………………………. Chairperson, BOT
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3.10 Staff Competency Where staff competency is identified as an issue, the relevant Employment Contract will be consulted. Procedures will follow guidelines as set out in the appropriate contract. Where the Principal determines staff competency procedures are to be implemented, the Chairperson of the Board is to be advised immediately with the remainder of the Board advised at the earliest opportunity. The principal is to have a second person from the leadership team present throughout this process. At Linden School: •
Issue of potential competency should be raised at a Senior Leadership Team meeting where concerns should be documented and discussed.
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The Principal shall ensure the appropriate assistance and personal guidance is put into place to assist the employee.
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The Board shall be notified of implementation of any assistance and personal guidance programme.
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Where the assistance and personal guidance fails to resolve the matter the appropriate Competency procedures of the Primary Teachers Collective Agreement shall be followed.
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It is vital that the Board of Trustees acts as a “good employer” as outlined in Section 77A State Sector Amendment Act 1989 (Appendix A). This Act requires the Board of Trustees to be fair to all employees. In essence this means they must balance the need to support a staff member with ensuring that “carrying” such a person does not have an unacceptably adverse effect upon other employees or the students.
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Where competency proceedings have been instituted against a teacher the Board of Trustees must advise the Teachers‟ Council of this fact as required by regulation.
Date Effective: July 2015 Revision Date: Term 3, 2016
........................................ Chairperson, BOT
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3.11 Staff Exit Questionnaire The State Sector Act requires every employer in the education service to act as a good employer by operating a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees. National Administration Guideline 2(b) requires each board of trustees with the principal and staff, to maintain an on-going programme of self-reviews in relation to its policies, plans and programmes. The purpose of the Exit Interview is to determine how well the school has supported staff in their professional role. An exit interview, properly conducted, can give an employer key information about the factors that contribute to a productive, happy and satisfying work environment that supports student achievement. At Linden School: Linden School Board of Trustees will offer an Exit Interview to all staff that are employed on a permanent or fixed basis. Exit Interviews are not mandatory. The staff member leaving the school will be asked whether or not they wish to participate in an Exit Interview. It is important that the information shared in the Exit Interview is kept confidential to help ensure open and honest feedback. All interviews will be carried out by at least one member of the Board of Trustees. Notes on responses will be kept confidential and only reported to the Board in a way that will not identify individuals. Exit Interview Procedure •
The Principal will notify the Board of the resignation and provide contact details to the Board Chair.
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The Principal will contact the member of staff and offer them an Exit Interview, explaining the procedure and goals of the interview and providing the questions that will be covered.
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If the staff member wishes to have an interview, the Board member/s involved will arrange a suitable date and time to carry out the interview.
Date Effective: July 2015 Revision Date: Term 3, 2016
........................................ Chairperson, BOT
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3.12 Sexual Harassment Sexual harassment is not acceptable in Linden Primary School and the Principal and/or the Board of Trustees must consider complaints of sexual harassment sympathetically and seriously, and ensure the person making the complaint is not subject to victimisation. Sexual harassment is defined as behaviour which is unwelcome or offensive to a student, staff member or parent. It may be by verbal and/or physical conduct, including misuse of visual or written material or a sexual nature, by one person towards another. There may be implied promise of preferential treatment, detrimental treatment or threat about the present or future status of that person within the school. This conduct is unwelcome and offensive. If of a serious nature, or is persistent, the work performance and life satisfaction of the person subjected to it may be detrimentally affected. At Linden School: • •
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The Principal will follow the set procedures for dealing with sexual harassment complaints In the first instance, the Principal will deal with complaints unless the complaint is against the Principal. Should this be the case the Board Chairperson will deal with the complaint in line with the procedures laid down Should the complainant feel the issue has not been resolved to his/her satisfaction the complaint will be referred to the Board. The Principal will inform the Board of any sexual harassment complaints received.
PROCEDURES Receiving Complaints: • •
•
Anyone experiencing sexual harassment should immediately make it clear to the persons responsible that such behaviour is unwanted and unacceptable Should the unacceptable behaviour continue it should be reported, verbally or in writing, as soon as possible to the Principal, a teacher or a member of the EEO committee The Chairperson of the Board of Trustees will be informed of any complaint in writing
Investigating and Interviewing: •
• •
Investigation is delegated to the Principal or his/her nominee by the Board of Trustees. Should the Principal be a party to the complaint, the investigation will be conducted by the Chairperson of the Board of Trustees Where suspension is warranted this should be deemed to be part of the investigative process The complainant will be interviewed to establish the factual content of the allegations
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•
• • • •
•
During the interview there will be a mature independent witness present of the same sex as the complainant. Should the complainant be a student, then the student’s parent(s)/guardian must be present Notes will be taken during the interview. All present at the interview will sign these notes Should there be more than one complainant, they must be interviewed separately The defendant will be asked to answer the allegation; the format of the interview and the witnesses required being the same as that for the complainant A resume of the complaint will be put to the defendant. An explanation of the school’s procedures and the Human Rights Act 1993 Section 62 (Appendix E) will be given and made clear. It will also be made clear that it is the school’s responsibility to act on the complaint It may be necessary to conduct further interviews with the complainant, defendant or witnesses. All will follow the above format
Making a Decision: • • •
• •
•
A report will be submitted to the Board of Trustees accompanied by the signed notes and recommendation of a course of action The Board of Trustees will make a decision on the assembled facts If the complaint is judged to be well-founded, the Board of Trustees has the following range of disciplinary measures at its disposal: correction and counselling; warning and reprimand; dismissal; referral to the police or other agencies The decision will be final and will be communicated to both parties in writing In determining the appropriate disciplinary measure, consideration will be given as the whether or not this is the first complaint, to the seriousness of the offence, and in the case of a student, to the effect the disciplinary measure may have on their schooling In reporting complaints to the Board of Trustees the Principal or his/her nominee may keep confidential the names of the complainant and defendant until the complaint has been upheld
Date Effective: July 2015 Revision Date: Term 4, 2016
........................................ Chairperson, BOT
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3.13 Complaints Resolution Procedure •
All parties must maintain confidentiality at all times. The Board of Trustees must ensure its objectivity and fairness and to encourage people to come forward with complaints before it becomes a major issue.
•
Complaints or concerns should be referred directly to the staff member in the first instance. There may be instances where this is inappropriate.
•
If the staff member considers a verbal complaint or concern serious they shall inform a leadership team member of the complaint or concern and their intended action.
•
Where the complainant believes that the issue has not been resolved to their satisfaction, they may be invited to refer the complaint or concern directly to the Principal.
•
The Principal should refer to the appropriate employment contract for complaint/disciplinary provisions. Any action taken as a result of a complaint against a Staff member will be in accordance with the Primary Teachers Collective Employment Agreement and the Code of Ethics [Education Council].
•
For Non-Teaching staff in accordance with Support Staff Collective Contract.
•
Where the Principal is unable to resolve the complaint or concern, the complainant or staff member involved may refer the matter to the Board of Trustees in writing.
•
The Board of Trustees may act only on signed complaints.
•
The Board of Trustees should 'receive' the complaint and resolve that it be put to the staff member concerned in writing.
•
The Board of Trustees must acknowledge the complaint in writing within five working days.
•
The Board of Trustees shall advise the Insurer/Education Council of the complaint, if deemed necessary.
•
The staff member must be advised of the right to representation.
•
The staff member shall be given a copy of the written complaint or concern for response and shall be given five working days in which to respond. If the complaint is too general the Board of Trustees should seek more detail. Detail should be sufficient for the staff member to identify the particular incident or issue.
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•
If a written response is not forthcoming within the time allowed, the Board of Trustees should request an immediate response pointing out that without a response the Board of Trustees would be forced to consider the complaint without the benefit of the staff member's response.
•
The Board of Trustees should allow the staff member concerned the opportunity to explain/discuss their written response.
•
The Board of Trustees should appoint a sub - committee to investigate as necessary to establish the true facts. The fact that an investigation occurred and the nature of it should be recorded in writing.
•
If it is found that there is a case to answer, the staff member must be reminded of the right to representation and given the right to respond to the findings. The staff member has the right to be heard by the Board of Trustees.
•
The Board of Trustees must consider the facts, any recommendation made, and determine what if any disciplinary action is appropriate.
•
A written record of all proceedings should be kept.
•
All complaints concerning the Principal need to be addressed to BOT.
•
All complaints concerning BOT members need to be addressed to the Principal
•
Any party may request the BOT to reconsider its decision. New information must be produced for the decision to be reconsidered. Outside help may be sought here to help resolve the complaint.
•
If none of these guidelines gives satisfaction then the parent/caregiver still has the right to go to the Ministry or appropriate Authority i.e. Human Rights, Privacy Commission, CYPFA, Police etc.
Effective date: 2013 Revision date: Term 4, 2016
…………………………………. Chairperson, BOT
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3.14 Disciplinary Action All proceedings shall be carried out in line with the Primary Teachers Collective Agreement, Part 10. The Board of Trustees is the employer of the staff. When the Principal acts in matters of staff discipline he/she is acting as the employer's representative. Every attempt will be made by the Principal and Board of Trustees to resolve any issues involving staff informally, prior to these becoming major issues requiring “discipline” The Principal is to have another member of the leadership team present throughout this process. Disciplinary procedures will be implemented by the Board of Trustees if a staff member's actions are seriously in breach of the School's Charter or Policies, the relevant employment contract or job description, and/ or the law. When disciplinary action is taken by the Board of Trustees principles of natural justice shall be followed, as shall those set out in the relevant employment contract. The Board of Trustees shall ensure that full and fair consideration is given to all matters. When the case of disciplinary action involves the Principal, the Chairperson of the Board of Trustees or a Board of Trustees approved representative shall coordinate proceedings. The staff member shall be advised of their right to representation and the right to respond to the areas of concern. The Board of Trustees should consider the staff member's past record and the likelihood of reoccurrence and take this into account. All documentation as to the process and any disciplinary action are to be recorded, sighted and signed by the employee, the Principal and the Principal's witness and placed on the employee's personal file The Board of Trustees will hold professional liability insurance at all times and the insurer will be notified immediately should any actual or probable claim against the Board be lodged The Board of Trustees and Principal will call upon the advice of the NZEI (New Zealand Educational Institute) and/or other appropriate unions throughout this process. At no time during the investigative/improvement process is the Principal, any other senior staff member, or any member of the Board of Trustees to suggest to the staff member any change to their employment status as this might lead to accusation of constructive dismissal
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later in proceedings. However, if a case for discipline is found against the employee, such action may be negotiated with the employee and the employee's representative. Warnings: •
Verbal warnings normally precede written warnings.
•
If the Board decides on a verbal warning, it should be recorded in writing as having been delivered. The written record should be signed by the staff member as having been sighted. If the Board of Trustees decides on a written warning this should be sighted and signed by the staff member. The Board of Trustees shall sight and sign these records.
•
Warnings should have a stated expiry date and be placed on the staff member's file until this time.
•
The Board of Trustees must ensure that the staff member is clear as to what aspect of their performance or behaviour is causing concern and what changes are expected and the time frame allowed in which to change that performance. In the case of a written warning failure to remedy will place continued employment at risk.
•
Final warnings shall clearly state that failure to remedy by a specified date shall result in termination of employment.
Serious Misconduct: Serious misconduct may result in 'instant' or 'summary' dismissal i.e. dismissal occurs without notice, without requiring a history of previous warnings. Serious misconduct may include but is not limited to: • • • • • • • • • • •
Verbal abuse Theft of property including deliberate misuse, unauthorized use or private use of Board funds. Fraud Fighting and/or assault Continued failure to comply with school ‘by-laws’, policies or agreed practices Refusing or failing to obey lawful orders Lying or otherwise providing false information. Undermining Board Policy or otherwise seriously damaging the integrity of the Board of Trustees Conduct of an indecent or sexual nature Being under the influence of alcohol or drugs whilst responsible for students. Serious breach of trust which renders an employee unsuitable for employment in a school environment. 28
In the case of serious misconduct the Board of Trustees shall still; • • • • •
specify the complaint give the staff member concerned the opportunity to answer or explain, listen to and take account of the answers not prejudge the matter before taking explanations into account ensure the employee is aware of their right to representation take into account service over previous years and other relevant factors such as; is there a history of similar actions, is the employee likely to re-offend, are there mitigating factors?
Final Action: •
The Principal will make a recommendation to the Board of Trustees.
•
The Principal is to remove him/herself from the final decision. This fact and a record of the Board's final discussions are to be accurately minuted.
Suspension: Staff members may be suspended where allegations are such that their ability to maintain appropriate authority with the children is compromised, or the safety of students and/or staff is in question. The PTCA states: (a)
If the alleged conduct is deemed sufficiently serious an employee may be either suspended with or without pay or transferred temporarily to other duties.
(b)
The employer shall not, unless there are exceptional circumstances, suspend the employee without first allowing the employee a reasonable opportunity to make submissions to the employer about the alleged misconduct and the appropriateness of suspension in all of the circumstances. The employer shall take into account any submissions made by the employee before determining the matter of suspension.
(c)
The employer 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 employee is treated fairly at all times.
(d)
If the allegation that led to suspension is without substance the employee shall be reinstated effective from the date of suspension.
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Dismissal: A staff member who has received one or more warnings and despite having been advised that further breaches would result in dismissal, continues to engage in the unsatisfactory behaviour or performance can be dismissed in accordance with the terms of any relevant employment contract. Any dismissal notice shall be dated and addressed to the staff member individually. A copy should be sent to the staff member's representative if applicable. The Employment Relations Act 2000 (Appendix D) requires the employer to provide, at the request of the employee within 60 days after the dismissal or within 60 days after the employee has become aware of the dismissal, a written statement of the reasons for dismissal (section 120). This statement must be provided within 14 days of the receipt of the request. Failure to provide the reason for dismissal, whether requested or not, or failure to provide the correct reason, may jeopardise an employer's position in the course of any ensuing personal grievance proceedings. The Education Act 1989, Section 139 (Appendix C) states that: i. ii.
When an employer dismisses a teacher for any reason, the employer must immediately report the dismissal to the Teachers Council The employer of a teacher must immediately report to the Teachers Council if it has reason to believe that the teacher has engaged in serious misconduct.
Under the Education Standards Act 2001 “An employer or former employer commits an offence and is liable on summary conviction to a fine not exceeding $5,000 if it fails without reasonable justification to report to the Teachers Council” Notification to the Education Council: The Board of Trustees must notify the Teacher Registration Board within 28 days of the following matters: • A teacher having been dismissed • A teacher resigning having been given written notice within the previous 12 months that the Board of Trustees was dissatisfied with or intended to investigate, or was in the process of investigating, any aspect of the staff member's behaviour or performance and the resignation had occurred before any finalisation of the matter.
Effective date: 2013 Revision date: Term 4, 2016
…………………………………. Chairperson, BOT
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3.15 Personal Grievance A personal grievance is a complaint by a staff member that he/she has been unfairly, wrongfully or unjustifiably treated by their employer in conjunction with the Employment Relations Act 2000, Section 114 (Appendix D). Grounds for personal grievance are; o o o o o o
unjustified dismissal, unjustifiable action which adversely affects a staff member's employment or conditions, discrimination, sexual harassment, racial harassment duress regarding membership or non-membership of an employees' organization.
At Linden School: •
Any personal grievance shall be submitted to the Board of Trustees within 90 days of the event of complaint unless the Board of Trustees agrees otherwise.
•
Any staff member who believes that they have grounds for a personal grievance must be advised of their right to representation.
•
A meeting is to be arranged between the parties with the intention of solving the grievance.
•
If the grievance is not settled in discussions between the staff member and the Board of Trustees, the staff member shall give the Board of Trustees a written statement, within 5 working days, setting out; o o o
the nature of the grievance the facts giving rise to the grievance the remedy sought
•
If the grievance is remedied no records shall be kept by either party.
•
If the Board of Trustees is not prepared to grant the remedy and has not otherwise settled the grievance, a written response, within 5 working days, shall be given to the staff member setting out; o o
the Board of Trustees' view of the facts the reasons why the Board of Trustees is not prepared to grant the remedy sought
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•
If not satisfied the staff member has the right to refer the grievance to the Employment Tribunal. If this does not resolve the problem, employers or employees can go to the Employment Relations Authority for a determination. If either party is dissatisfied with the determination of the Employment Relations Authority, the issue can be taken to the Employment Court.
•
Where any grievance is not remedied or otherwise settled parties are to inform one another of their proposed action in writing.
•
All provisions of the Privacy Act 1993 (Appendix B) shall be complied with.
Effective date: 2013 Revision date: Term 4, 2016
…………………………………. Chairperson, BOT
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3.16 Protected Disclosures INTRODUCTION The following provides information and guidance to employees of the school who wish to report serious wrongdoing within the school. The guidelines and procedures were issued in compliance with the Protected Disclosures Act 2000 (Appendix F) and applied from March 2001. The guidelines and procedures consists of: 1. A definition of a protected disclosure. 2. A definition of serious wrongdoing that can be the basis for a protected disclosure by an employee. 3. Conditions for disclosure. 4. Information on who can make a disclosure. 5. Protections for employees making disclosures. 6. A procedure by which an employee can make a disclosure. 1.
WHAT IS A PROTECTED DISCLOSURE? A protected disclosure is a declaration made by an employee where they believe serious wrongdoing has occurred. Employees making disclosures will be protected against retaliatory or disciplinary action and will not be liable for civil or criminal proceedings related to the disclosure.
2.
DEFINITION OF SERIOUS WRONGDOING Serious wrongdoing for the purposes of this policy includes any of the following: • Unlawful, corrupt, or irregular use of public funds or resources • An act or omission or course of conduct: o Which seriously risks public health or safety or the environment; or o That constitutes an offence; or o That is oppressive, improperly discriminatory, grossly negligent or constitutes gross mismanagement, or o Constitutes serious risk to the maintenance of law including the prevention, investigation, and detention of offences and the right to a fair trial.
3.
CONDITIONS FOR DISCLOSURE Before making a disclosure the employee should be sure the following conditions are met: • The information is about serious wrongdoing in or by the school; and
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• • • 4.
The employee believes on reasonable grounds the information to be true or is likely to be true; and The employee wishes to disclose the information so that the serious wrongdoing can be investigated; and The employee wishes the disclosure to be protected.
WHO CAN MAKE A DISCLOSURE Any employee of the school can make a disclosure. For the purposes of this policy an employee includes: • current employees and principal. • a homeworker, • a person seconded to the organisation, • a person who works for the organisation as a volunteer without reward or expectation of reward for that work • former employees and principals. • contractors supplying services to the school.
5.
PROTECTION OF EMPLOYEES MAKING DISCLOSURES An employee who makes a disclosure and who has acted in accordance with the procedure outlined in this policy: • May bring a personal grievance in respect of retaliatory action from their employers; • May access the anti-discrimination provisions of the Human Rights Act 1993 in respect of retaliatory action from their employers, • Is not liable for any civil or criminal proceedings, or to a disciplinary hearing by reason of having made or referred to a disclosure; • Will, subject to Clause 5 of the Procedure, have their disclosure treated with the utmost confidentiality. The protections provided in this section will not be available to employees making allegations they know to be false or where they have acted in bad faith.
6.
PROCEDURE Any employee of the school who wishes to make a protected disclosure should do so using the following procedure.
i.
How to submit a disclosure The employee should submit the disclosure in writing. You should identify that the disclosure is being made under the Protected Disclosures Act and is following the board procedure.
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ii.
Information to be contained The disclosure should contain detailed information including the following: • The nature of the serious wrong doing • The name/s of the people involved • Surrounding facts including details relating to the time and or place of the wrong doing if known or relevant.
iii.
Where to send disclosures A disclosure must be sent in writing to the Principal who has been nominated by the Board of Linden School under the provision of Section 11 of the Protected Disclosures Act 2000 for this purpose. OR If you believe that the Principal is involved in the wrong-doing or has an association with the Person committing the wrongdoing that would make it inappropriate to disclose to them, then you can make the disclosure to the last resort person, the Chair of the Board.
iv.
Decision to investigate On receipt of a disclosure, the Principal must within 20 working days examine seriously the allegations of wrongdoing made and decide whether a full investigation is warranted. If warranted a full investigation will be undertaken by or arranged by him/her as quickly as practically possible, through an appropriate authority. They can decide: (a) to investigate the disclosure themselves. (b) to forward the disclosure to the Board or a Committee of the Board to investigate. (c) whether it needs to be passed on to an appropriate authority. If it goes to an appropriate authority they will advise you that they are now investigating the complaint
v.
Protection of disclosing employee’s name All disclosures will be treated with the utmost confidence. When undertaking an investigation, and when writing the report, The Principal will make every endeavour possible not to reveal information that can identify the disclosing person, unless the person consents in writing or if the person receiving the protected disclosure reasonably believes that disclosure of identifying information is essential: • • •
vi.
To ensure an effective investigation To prevent serious Risk to public health or public safety or the environment To have regard to the principles of natural justice
Report of investigation At the conclusion of the investigation the Principal will prepare a report of the investigation with recommendations for action If appropriate, which will be sent to the Board Chair. 35
vii.
Disclosure to an appropriate authority in certain circumstances A disclosure may be made to an appropriate authority (including those listed below) if the employee making the disclosure has reasonable grounds to believe: • The Board Chair in the school responsible for handling the complaint is or may be involved in the wrongdoing; or • Immediate reference to another authority is justified by urgency or exceptional circumstances; or • There has been no action or recommended action within 20 working days of the date of disclosure. Appropriate Authorities include (but are not limited to) • Commissioner of Police • Controller and Auditor General • Director of the Serious Fraud Office • Inspector General of Intelligence and Security • Ombudsman • Parliamentary Commissioner for the Environment • Police Complaints Authority • Solicitor General • State Service Commissioner • Health and Disability Commissioner • The head of every public sector Organisation.
viii.
Disclosure to Ministers and Ombudsman A disclosure may be made to a Minister of the Crown or an Ombudsman if the employee making the disclosure has made the same disclosure according to the internal procedures and clauses of this policy reasonably believes that the person or authority to whom the disclosure was made: • • • •
Has decided not to investigate; or Has decided to investigate but not made progress with the investigation within reasonable time; or Has investigated but has not taken or recommended any action; and, that employee continues to believe on reasonable grounds that the information disclosed is true or is likely to be true.
If you require more information you can notify the Office of the Ombudsman verbally or in writing advising that you have disclosed or are considering a disclosure under this Act. They must provide information and guidance on a number of matters including those discussed here and the protections and remedies available under the Human Rights Act 1993 if the disclosure leads to victimization. Effective date: 2013 Revision date: Term 4, 2016
........................................ Chairperson, BOT
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