In 2016, 46 NSW teachers faced allegations of misconduct.  Last week, the NSW Department of Education (DET) published the Teacher Conduct and Performance report (the Report). The Report details the number of government school teachers who have undertaken improvement plans, undergone disciplinary action or have been convicted due to misconduct allegations or criminal offences. Although the Report was only published recently, it was compiled in December 2016. It is updated annually.

The DET employs around 49,000 permanent teachers and over 45,000 teachers are registered to work in schools on a casual basis.

The Report provides a perspective as to how many offending teachers are dealt with and what consequences they receive for their misconduct.

Results of the Report

In 2016, 46 teacher misconduct allegations were reported. This was up from 38 in 2015.

Once the allegations were proved, most teachers were placed on the Not To be Employed (NTBE) list and directed or allowed to resign, or were dismissed. Furthermore, out of the 46 allegations reported last year only one was ‘annulled.' The Report recorded the exact misconduct allegations, of which:

• 20 teachers were removed for sexual misconduct;
• two teachers were dismissed due to possession of child pornography, one of whom used school printers to print offending material;
• four teachers were convicted of illicit drug possession and alcohol offences;
• one senior teacher was convicted of assault in a family situation;
• one teacher was convicted on multiple counts of break-and-enter and assault;
• one teacher was found guilty of dangerous driving occasioning death;
• five teachers were inappropriately communicating with students;
• an assistant principal was convicted of a criminal offence with respect to a student;
• one teacher falsified accreditation documents;
• a former principal engaged in fraud; and
• seven teachers were deemed to be inefficient and were dismissed and placed on the NTBE list, directed to resign or had their contract terminated.
  

What this means for schools

Even though this information relates only to government school teachers, non-government school teachers are still subject to the same legislation and can face the same consequence for any misconduct committed. While the list of misconduct is broad, common themes relate to child protection and corporate governance (fraud, theft).

In a recent School Governance article, we discussed the new, voluntary Principles for Child Safe Organisations brought out by the NSW Office of the Children's Guardian, to help schools understand how to create a child safe environment. Even though schools may choose whether or not to implement these Principles, the findings in the Report support the view that these principles should be adopted by schools to help teachers understand what conduct is/is not appropriate. The NSW Ombudsman also recently provided new guidance regarding the existing NSW reportable conduct scheme and when to notify the NSW Ombudsman about any misconduct committed by teachers. It is important for school staff to know exactly what conduct amounts to misconduct to help ensure schools can continue to provide a safe environment in which children can learn.

Along with the allegations relating to child protection, allegations of fraud committed by teachers were present. Schools will need to also ensure they have preventative measures in place to prevent against and deter staff from committing a fraudulent act which would affect the school. This can be done by implementing a fraud and corruption control program which has effective pre-employment screening, separates employee duties from financial controls and also provide fraud and corruption training.

Schools must also ensure that staff remain vigilant regarding any actions that may seem to be suspicious or which may be considered misconduct by a teacher or staff member. Additionally, schools must ensure they have a culture in place where not only staff, but students feel free to report anything that may be deemed to be misconduct.