Written answers
Tuesday, 16 January 2018
Department of Education and Skills
Teacher Discipline
Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source
397. To ask the Minister for Education and Skills the circumstances in which an employer may commence or cease at different stages the procedures set out in circular 0071/2014, in tabular form. [55247/17]
Mary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source
398. To ask the Minister for Education and Skills the circumstances in which an employer may commence or cease at different stages the procedures set out in circular 0059/2009 prior to it being superseded by circular 0071/2014, in tabular form. [55248/17]
Richard Bruton (Dublin Bay North, Fine Gael)
Link to this: Individually | In context | Oireachtas source
I propose to take Questions Nos. 397 and 398 together.
The procedures set out in Circular 0071/2014 (and Circular 0059/2009 prior to its being superseded by 0071/2014) contain two strands – a strand dealing with issues of professional competence as a teacher and a second strand dealing with work and conduct issues.
The different stages set out in each strand are as follows:
1. Professional Competence Strand
Stage | Description | Potential Outcome |
|---|---|---|
| Stage 1 | Informal Stage | (i) No further action; or(ii) Progression to Stage 2 |
| Stage 2 | Initiation of formal process | (i) No further action; or(ii) Progression to Stage 3 |
| Stage 3 | External review by an Inspector | (i) No further action; or(ii) Progression to Stage 4 |
| Stage 4 | Disciplinary Hearing | (i) No further action; or(ii) Disciplinary action is taken by the Chief Executive as follows:- Final written censure- Deferral of an increment- Withdrawal of increment(s)- Suspension with or without pay- Dismissal |
| Stage 5 | Appeal | (i) No further action; or(ii) the disciplinary action proposed by the Chief Executive should be amended; or(iii) the case should be re-considered by the Chief Executive; or (iv) The disciplinary action proposed by the Chief Executive proceeds. |
2. Work and Conduct Issues Strand
Stage | Description | Potential Outcome |
|---|---|---|
| Informal Stage | (i) No further action; or(ii) Initiation of formal process | |
| Stage 1 | Initiation of formal process | (i) No further action; or(ii) Verbal Warning issued |
| Stage 2 | Continuation of formal process | (i) No further action; or(ii) Written Warning issued |
| Stage 3 | Continuation of formal process | (i) No further action; or(ii) Final Written Warning issued |
| Stage 4 | Disciplinary Hearing | (i) No further action; or(ii) Disciplinary action is taken by the Chief Executive as follows - Final written censure - Deferral of an increment - Withdrawal of increment(s) - Demotion - Other disciplinary action short of suspension or dismissal - Suspension with or without pay - Dismissal |
| Stage 5 | Appeal | (i) No further action; or(ii) the disciplinary action proposed by the Chief Executive should be amended; or(iii) the case should be re-considered by the Chief Executive; or (iv) The disciplinary action proposed by the Chief Executive proceeds. |
In cases of gross misconduct, any or each of Stage 1 to 3 of the disciplinary procedure may not apply depending on the gravity of the alleged offence.
The procedures may be commenced or ceased at different stages by the employer depending on the circumstances of the individual case concerned. For example, where an employer considers that a conduct issue has been satisfactorily dealt with through the issuing of a written warning, then the procedure would cease after Stage 2. Where an employer considers that a conduct issue is sufficiently grave, they may begin the disciplinary process at Stage 4 as provided for in the procedures.
No comments