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Professional boundaries important as staff misconduct allegations dramatically increase

14/10/15
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The 2014-2015 annual report from the Western Australian (WA) Education Department has revealed that allegations of serious misconduct against government school staff increased by 42% over the past year. There was also a 43% decrease in the number of matters resolved.

The West Australian reports that the statistics have prompted the State School Teachers Union WA (SSTUWA) to remind members that they are not students’ friends and all interactions must remain professional.

Reporting and resolving allegations of misconduct

Misconduct allegations against government school staff are automatically referred to the Corruption and Crime Commission (CCC) for external oversight, while lower level allegations are resolved at a school level.

The Department’s report showed that the number of these internally managed lower level allegations increased from 276 to 385 in 2015 and included allegations of physical assault and inappropriate behaviour such as inappropriate contact via social media and sexualised conduct with students.

Also, the overall number of misconduct allegations resolved dropped from 651 to 380 between 2013-2014 and 2014-2015.

Inappropriate behaviour accounts for 38% of misconduct

Of particular concern is the sharp increase in inappropriate behaviour allegations, accounting for 146 of the 385 allegations. SSTUWA President Pat Byrne has reiterated that in light of these new statistics, the need for professional boundaries in the teacher/student relationship is crucial.

Ms Byrne attributes the spike in cases of misconduct to the increased use of social media by teachers and students and has urged teachers to familiarise themselves with their school’s internet policies.

‘We need to remind ourselves that this is not a friendship, this is a professional relationship’, Ms Byrne told The West Australian. Education regulators and law makers are increasingly stressing the importance of maintaining professional boundaries, particularly when online communications with students are concerned. These communications may indicate grooming behaviours irrespective of the reality of the interaction. Teachers need to be particularly careful to avoid putting themselves in situations that could be misconstrued as anything other than an innocent interaction with a student, particularly when a mere allegation of misconduct can taint a teacher’s career and a school’s reputation.

The statistics in context

Eamon Ryan, the WA Education Department’s professional standards and conduct director, said that despite the increase in allegations, there were few that were so serious that staff had to be stood down pending investigation, in comparison to the number of such actions in the previous financial year.

Mr Ryan also urged the public to view these figures in the context of more than 34,000 government school staff and a heightened awareness of reporting requirements. For example, the total number of allegations (754) represents just 2.22% of all government teachers.

The message for schools

While these statistics only reflect government school staff, the issue of inappropriate social media interactions between staff and students affects all schools.

Schools should remind staff that maintaining the highest privacy settings available on social media is an effective way to avoid interactions with students on such sites. While some interactions may be harmless, staff should be aware that any contact with students outside of school can blur boundaries and leave them open to allegations of misconduct.

We have previously written about a Queensland teacher who was suspended and charged with two counts of indecent treatment of a child under the age of 16 after sending inappropriate Snapchats to students that blurred the professional boundary between teachers and students.

Social media policies should not attempt to limit or discourage staff’s personal use of social media sites outside of working hours however it should make staff aware of possible issues that may arise if inappropriate items are posted.

Any form of social media relationship between staff and student could result in misconduct by the staff member, but also reckless behaviour by the student. For example, as reported in Queensland, recent irresponsible posts by students about their teachers could result in defamation proceedings by the teachers to defend their reputations.

The potential use of social networking sites to commit criminal behaviour, misconduct and potentially defamatory conduct demonstrates the important role schools play in education all members of its community about how to engage with each other online – or not at all.

 

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About the Author

Cara Novakovic

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