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ANTI-BULLYING POLICY
INTRODUCTION
SCOPE
This policy applies to the whole school community – students, teachers, management personnel, Board of Management, administrative staff, caretakers and all ancillary staff. This policy will apply
- For the duration of the school day
- Going to and from school
- On school trips
- While engaged in extra-curricular activities
RELATIONSHIP TO OUR SCHOOL MISSION STATEMENT
The Mission Statement of Gort Community School endeavours to provide a caring place where students feel secure and can achieve to the best of his/her ability. We strive to develop not only the academic potential of all students but also their moral and physical well-being. Our school also seeks to imbue a sense of respect for one another, the school environment and the whole community.
This policy is part of a general pastoral approach being adopted by the school to ensure a healthy, caring and supportive learning environment. The Anti-Bullying Policy is one among a number of policies that serve to assist us in fulfilling our aims. It also serves to protect the safety, health and welfare of our students and staff.
The school has a right to protect and promote our ethos and our reputation by requiring certain standards of behaviour and prohibiting certain practices. In addition all procedures and sanctions outlined in this policy will be in line with the caring ethos of the school, Department of Education and NEWB guidelines.
RATIONALE
- As we endeavour in Gort Community School to be ‘a happy and caring place’ which ‘seeks to imbue a sense of respect for one another’, it must be a priority for us to have an anti-bullying policy.
- The Department of Education & Skills requires schools to have a written policy on bullying.
- Under Section 23 of the Education Welfare Act 2000, the management authority of a school is obliged to draw up a Code of Behaviour for students. The Guidelines specify that an anti-bullying policy “should be an integral part of a written Code of Behaviour and Discipline in all primary and post-primary schools”. The Guidelines go on to point out that “International research clearly indicates the crucial importance of the existence of a School Policy, which includes specific measures to deal with bullying behaviour within the framework of an overall school Code of Behaviour and Discipline” and that “such a code, properly devised and implemented, can be the most influential measure in countering bullying behaviour in schools.”
- We have obligations under the Equal Status Acts in relation to harassment and sexual harassment. The prevention of harassment should be an integral part of our Code of Behaviour and an anti-bullying code.
- Child Protection Guidelines and Procedures for Post –Primary Schools addresses the issue of bullying. It stresses the importance of having a policy in place to deal with bullying.
- The Trustees of our school have a statutory obligation to ensure that a policy is in place that reflects the principles and values of the school.
POLICY GOALS
- To create a school ethos which encourages children to disclose and discuss incidents of bullying behaviour.
- To raise awareness of bullying as a form of unacceptable behaviour with school management, teachers, pupils, parents/guardians.
- To ensure comprehensive supervision and monitoring measures through which all areas of school activity are kept under observation.
- To develop procedures for noting and reporting incidents of bullying behaviour.
- To develop procedures for investigating and dealing with incidents of bullying behaviour.
- To develop a programme of support for those affected by bullying behaviour and for those involved in bullying behaviour.
- To work with and through the various local agencies in countering all forms of bullying and anti-social behaviour.
- To evaluate the effectiveness of school policy on anti-bullying behaviour.
POLICY CONTENT
The content of our policy is divided into three sections:
- A definition of Bullying including a description of the types of behaviour included under this policy
- Actions to prevent bullying behaviour
- Steps we take to deal with bullying incidents
A Definition:
Bullying is repeated aggression, (verbal, psychological or physical) conducted by an individual or group against others.
Isolated incidents of aggressive behaviour, which should not be condoned, can rarely be described as bullying. However, when the behaviour is systematic and ongoing, it is bullying.
Included also under this policy are:
- Harassment, which is any form of unwanted conduct that has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading or offensive environment for the victim.
- Sexual harassment, which is any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading or offensive environment for the victim.
- Racism, which is abusive or aggressive behaviour towards members of another race.
- Abusive or aggressive behaviour towards any minority group, including religious minorities.
Bullying includes:
Physical Aggression:
This includes pushing, shoving, punching, kicking, poking and tripping people up. It may also take the form of severe physical assault. Whilst boys commonly engage in ‘mess fights’, they can often be used as a disguise for physical harassment or inflicting pain.
Damage to Property:
Personal property can be the focus of attention for the bully; this may result in damage to clothing, schoolbooks and other learning material or interference with a pupil’s locker or school bag. The contents of school bags and school bags themselves may be hidden and the contents of bags, lockers and pencil cases may be scattered on the floor. Items of personal property may be defaced, broken, stolen or hidden.
Extortion:
Demands for money may be made, often accompanied by threats (sometimes carried out) in the event of the victim not promptly “paying up”. Victims’ lunches or lunch money may be taken. Victims may also be forced into theft of property for delivery to the bully. Sometimes, this tactic is used with the sole purpose of incriminating the victim.
Intimidation:
Some bullying behaviour takes the form of intimidation: it is based on the use of very aggressive body language and/or gestures with the voice being used as a weapon. Particularly upsetting to victims can be the so-called ‘look’ – a facial expression, which conveys aggression and/or dislike.
Abusive Telephone Calls or Text Message/Misuse of the Internet or Cameras:
The abusive anonymous telephone call/text message is a form of verbal intimidation or bullying. Social networking sites may also be used in this way. Cameras can be used for bullying purposes.
Isolation:
A person is deliberately isolated, excluded or ignored by some or the entire class group. The person engaged in bullying behaviour usually initiates this practice. It may be accompanied by writing insulting remarks about the victim on black/whiteboards, desks or in public places, by passing around notes about or drawings of the victim or by whispering insults about them loud enough to be heard.
Name Calling:
Persistent name-calling directed at the same individual(s), which hurts, insults or humiliates should be regarded as a form of bullying behaviour; most name-calling of this type refers to physical appearance, size or clothes worn. Accent or distinctive voice characteristics may attract negative attention. Academic ability can also provoke name-calling. This tends to operate at two extremes; first, there are those who are singled out for attention because they are perceived to be slow, or weak, academically. At the other extreme are those who, because they are perceived as high achievers, are also labelled.
Slagging:
This behaviour usually refers to the good-natured banter, which goes on as part of the normal social interchange between people. However, when this slagging extends to very personal remarks aimed again and again at the one individual about appearance, clothing, personal hygiene, or involves references of an uncomplimentary nature to members of one’s family, particularly if couched in sexual innuendo, then it assumes the form of bullying. It may take the form of suggestive remarks about a pupil’s sexual orientation.
Bullying of School Personnel
This anti-bullying policy must take into account bullying behaviour by pupils towards staff members. This may take the form of aggressive behaviour in class, sexual innuendo, interference with property, physical assault, damage to property, verbal abuse, threats to people’s families and such like behaviour, which can have serious implications for the health and welfare of the staff member involved.
The following agreement between that ACCS and the teacher Unions may be relevant
‘ACCS, ASTI and TUI Code of Practice for Dealing with Complaints of Sexual Harassment of a member of Staff by a student in Community and Comprehensive Schools’. [Appendix I]
Teacher Behaviour: -
Teachers are expected to behave in a professional manner in all their interactions with students.
A teacher may, unwittingly or otherwise, engage in, instigate or reinforce bullying behaviour in a number of ways: -
- Using sarcasm or other insulting or demeaning form of language when addressing pupils
- Making negative comments about a pupil’s appearance or background
- Humiliating directly or indirectly, a pupil who is particularly academically weak or outstanding, or vulnerable in other ways
- Using any gesture or expression of a threatening or intimidatory nature, or any form of degrading physical contact or exercise.
The following agreement may be relevant:
ACCS, ASTI, TUI Code of Practice for Processing Complaints made by Parents/Guardians or students (who have reached the age of 18 years) against a teacher in Community and Comprehensive Schools.[Appendix II]
Gort Community School Statement on Bullying:
Every person in the school is entitled to respect, to be happy and to be free of any type of bullying.
Gort Community School will work proactively, as far as it can, to ensure that bullying does not take place.
All members of the school community will be asked to report incidents of bullying.
A record will be kept of all reported incidents of bullying.
Any reported incident of bullying will be dealt with seriously.
Appropriate action will be taken to ensure that bullying incidents do not continue.
Gort Community School will provide support to the victim of bullying and to the bully.
B: Actions to prevent bullying behaviour
We, in Gort Community School recognise the importance of not just controlling bullying but of preventing bullying through raising awareness of bullying and modifying behaviour. The following action is taken
- The School has an Anti-Bullying Code displayed on the inside of each classroom door. The Charter reads as follows:
Every pupil has the right to be happy in school during their class and leisure time.
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- Our school community does not accept any unkind actions or remarks by pupils to pupils even if these actions or remarks are not intended to hurt.
- Pupils should support each other by not being afraid to report instances of bullying to their class tutor or to any staff member.
- Be certain that all such reports whether by word of mouth or in writing will be treated in the strictest confidence.
- Students must be able to go to and from school and attend school in safety.
- Students must not be subjected to physical or verbal abuse, intimidation, ridicule or sexual harassment. Students must not be deliberately isolated.
- Information on bullying and its effects are dealt with through programmes such as C.S.P.E., S.P.H.E. and Religious Education.
- The issue of bullying is addressed on a regular basis at all year group assemblies and at meetings with class captains and vice-captains.
- The Student Council address the issue on an on-going basis especially with first year students.
- Anti-bullying posters are displayed throughout the school.
- The school has an excellent pastoral care system in place. The members of this team include the deputy principal, chaplain, career guidance counsellor, special needs coordinator and a class teacher.
- Students are encouraged to discuss any incident of bullying with the class tutor or another trusted adult within the school. This is considered to be responsible behaviour.
- Parents should contact the class tutor or Year Head regarding incidents of bullying behaviour which they may suspect or which may have come to their attention.
- Bullying is addressed in the school Code of Good Behaviour Section 13.
- Bullying is addressed on a regular basis at staff meetings. Teachers are advised on what to look out for and on the procedures for dealing with a suspicion or report of bullying.
C: Steps we take to deal with bullying incidents
Incidents of bullying behaviour, no matter how trivial, which are drawn to the attention of a staff member, will be dealt with in the following way:
Appropriate personnel will interview all of the students involved in a bullying incident.
- The alleged victim and the alleged perpetrator(s) of the incident will be spoken to and encouraged to solve the problem.
- The alleged victim and the alleged perpetrator(s) will be asked to give a written report.
- Records will be kept of all incidents and of the procedures that were followed.
- The tutor(s) will be kept informed of all incidents.
- Year Heads will monitor the behaviour of students involved in a bullying incident through liaison with class teachers/tutors.
- Follow up meetings will be held with students involved in such incidents.
- Where the incident is deemed to be minor, a verbal warning will be given to the bully to stop the inappropriate behaviour. Parents may be contacted. The incident will no longer be considered if there is no reoccurrence.
- If the behaviour persists, The Year Head will inform the parents of both the victim(s) and the bully or bullies who will be given an opportunity to discuss the matter. Appropriate sanctions will be imposed. The incident will no longer be considered if there is no reoccurrence.
- If there is a serious incident, such as repeated verbal assault or coercion, the Principal/Deputy principal will be informed. The parents will be informed and appropriate sanctions applied.
- If the incident is more serious e.g. physical assault, the Principal will be informed and he/she may inform the Board of Management.
- Offenders and victims of bullying may be referred to counselling.
- Sanctions may include
- A contract of Good Behaviour
- Withdrawal of privileges
- After school detention
- Suspension
- Expulsion
- In the case of a complaint against a staff member, this should be referred immediately to the Principal.
- In the case of a complaint against the Principal, this will be referred immediately to the Chairperson of the Board of management for investigation.
- Where cases, relating to either a student or teacher, remain unresolved, the matter should be referred to the Board of Management.
- The school’s CCTV system may be used to investigate bullying incidents.
Roles and Responsibilities
The school management team are responsible for ensuring that this policy is implemented.
Success Criteria
A happy school community
Monitoring the Implementation
Parents/Guardians, all members of staff and the Students Council are responsible for monitoring the implementation of this policy.
Review
Gort Community School will monitor, review and evaluate this policy and all related procedures on an ongoing basis to ensure legal compliance and the maintenance of best practice.
This policy was ratified by the staff and approved by the Board of management on the 16th May 2011
Workplace Bullying
Although not covered by this policy, it is important to note that the Board of Management has adopted the following Agreed Codes of Practice.
- ACCS/ASTI/IMPACT/TUI Code of Practice for Dealing with Complaints of Bullying and Harassment of Staff in Community and Comprehensive Schools. [Appendix III]
- ACCS/ASTI/IMPACT/TUI Code of Practice for Dealing with Complaints of Sexual Harassment of Staff in Community and Comprehensive Schools. [Appendix IV]
APPENDIX I
ACCS, ASTI and TUI Code of Practice for Dealing with Complaints of Sexual Harassment of a Member of Staff by a Student in Community and Comprehensive Schools
This Code of Practice has also been agreed between PACCS and ACCS
To All Staff
ACCS, ASTI and TUI are fully committed to creating an environment within every Community & Comprehensive School that is free of sexual harassment and which promotes personal integrity and dignity. All parties have agreed this document to help promote such an environment in all Community & Comprehensive Schools.
Boards of Management of Community and Comprehensive Schools recognise that sexual harassment can seriously damage working and social conditions for staff and students. This document clearly outlines behaviour that would be considered inappropriate and unacceptable and provides procedures for the making of and dealing with such complaints.
While all staff and students in Community and Comprehensive Schools are responsible for creating a work and study environment free, from threat sexual harassment and intimidation, particular responsibility lies with the Board of Management and school Principal to ensure that proper standards are maintained.
The Board of Management should ensure that Staff, Students and Parents/Guardians are appraised of what may constitute sexual harassment.
Introduction
The ACCS, ASTI and TUI are committed to ensuring a workplace environment, which is characterised by mutual respect, tolerance and affirmation.
The Labour Court has determined that freedom from sexual harassment is a condition of work to which an employee of either sex is entitled. The Employment Equality Acts,1998 and 2004, state that the sexual harassment constitutes discrimination. ACCS and the school Boards of Management recognise that all employees have the right to a workplace that is free from sexual harassment and are fully committed to ensuring that all employees and students are able to enjoy that right and that sexual harassment will not be tolerated. Complaints of sexual harassment will always be
treated seriously, confidentially and in a sensitive manner.
Sexual harassment of a Staff Member by a Student will not be tolerated. As in all matters of discipline, safety and welfare, it is primarily the responsibility of the employer to establish and sustain proper standards in the workplace. All members of Staff along with all Students (supported by Parents/Guardians) will assist school management in the creation of an environment in the workplace which is free from all forms of harassment. All management personnel have a particular responsibility to ensure that the workplace is free from all forms of sexual harassment so that Staff may carry out their work free from the threat of sexual harassment or intimidation.
Any complaint of sexual harassment shall be fully and properly investigated and if substantiated, sanctions may be imposed as per school disciplinary procedure, Department of Education & Science circular letters and relevant legislation.
Prevention
Employees, Management and Students have a clear role to play in the creation of an environment at work in which sexual harassment is unacceptable. Employees, Students and Management can contribute to preventing sexual harassment through an awareness and sensitivity towards the issue and by ensuring that standards of conduct do not cause offence. A Student’s responsibility extends to an awareness of the impact of his/her behaviour that could cause offence to Staff Members and make them feel uncomfortable or threatened.
Attempts should be made to resolve complaints of sexual harassment made by Teachers against Students informally in the first instance. If this is not possible, or if
the person being harassed so elects, the Formal Procedure (herein) will be invoked. It is important for the recipient of sexual harassment to keep notes detailing times and dates.
What is Sexual Harassment?
1. Definition
Sexual harassment is a pattern of behaviour that is unwanted, unsolicited and offensive to the recipient. Such behaviour fails to respect the dignity of others and impacts upon the employee in the workplace. It is a pattern of behaviour that any reasonable person finds hostile, intimidating or humiliating. It is the impact of the conduct on the recipient and not the intent of the accused person that determines whether the behaviour is acceptable. It should not be confused with normal social interaction involving mutually acceptable behaviour. Sexual harassment may occur between men and women or between members of the same sex.
Sexual harassment in a school context can include the following:
• Non-verbal sexual harassment: unwelcome uses or display of sexually suggestive or pornographic pictures and calendars, leering or offensive gestures, texts on mobile phones, written communication of a sexual nature.
• Verbal sexual harassment: unwelcome sexual advances, unwelcome pressure for social contact, sexually suggestive jokes, whistling, unwelcome sexually offensive remarks or innuendo of a sexual nature based on a person’s sexual orientation, offensive telephone calls of a sexual nature.
• Physical sexual harassment: unwelcome physical contact, groping, pinching, petting, unnecessary touching, unwelcome fondling or kissing.
This code of practice is designed to deal with cases of sexual harassment coming within categories of non-verbal sexual harassment, verbal sexual harassment and physical sexual harassment as set out above. It is not designed to deal with those cases coming under the category of physical sexual assault which would, if proven, amount to criminal wrongdoing.
Procedures for Dealing with Complaints of Sexual Harassment
Purposes of Complaints Procedure
• To provide a fair, consistent and expeditious mechanism to process complaints of sexual harassment involving staff.
• To do so in a manner that affords all concerned full rights in accordance with natural justice.
• To outline the principles for both the employer, the staff member, the students and their representatives in the event of complaints of sexual harassment being made by staff against students.
Specifically this procedure may be utilised:
• To investigate complaints of sexual harassment made by staff against students
Informal Procedures
Stage I
1.1 A Staff Member who feels that he/she may have been sexually harassed should advise the Student that their behaviour is totally unacceptable. The Staff Member may where circumstances dictate the seriousness of the incident and the action taken to date, notify the Parent/Guardian in writing of what occurred. An alternative approach would be for an initial approach to be made by an appropriate colleague (stage 1.2). Ideally this should result in a cessation of this unacceptable behaviour.
It is very important for the complainant of sexual harassment to keep notes, detailing times and dates of incidents of sexual harassment and request eyewitnesses, if any, to note them also.
1.2 At the stage 1.1, the Complainant may approach the colleague who will endeavour to resolve the complaint through an informal process as in stage 1.1. The procedures at stage 1.2 should be concluded within 3 working days of the aforementioned reporting of the matter.
It is envisaged that most allegations will be resolved at this informal stage 1. Where
matters are not resolved then they may be referred to Stage 2.
Formal Procedures
Stage II
During the course of an investigation, which has not been dealt with under the school Code of Discipline/Behaviour, into an allegation of sexual harassment of a member of Staff by a Student, the school Principal acting on behalf of the Board of Management may decide to make alternative school timetable arrangements within the school, in the best interests of both parties to the allegation, for the ongoing education of the Student, while the matter is being investigated. All members of staff must fully support the implications of any decision made by the Principal in these instances.
2.1 If the issue is not resolved at stage I, the Complainant should lodge the complaint in writing with the Principal. An allegation of sexual harassment shall be investigated by the Principal who will keep the Parents/Guardians of the Student fully informed of developments throughout the process. The Principal shall be responsible on behalf of management for investigating any complaint of sexual harassment and recommending action if necessary, to the Board of Management, in accordance with the school Code of Discipline/Behaviour.
2.2 Investigations of any complaint of sexual harassment will be handled with sensitivity and with due respect to both the Teacher and the Student. It is understood that all complaints will be investigated with minimum delay. The Principal should acknowledge and note that the complaint has been received by dealing with the matter as follows:
(a) supply the Student and his/her Parents/Guardian complained of with a copy of the written complaint and invite the Students report/response.
(b) arrange meeting(s) with the parties to the complaint either separately or jointly with a view to resolving the complaint. Such meeting(s) should normally take place within 6 working days of receipt of the written complaint as specified in 2.1.
2.3 The Complainant and the subject of the complaint may each be accompanied, the Teacher by a colleague/Trade Union representative and the Student by a Parent/Guardian.
2.4 The Principal shall convey the outcome of these discussions/ investigations in writing to the parties to the complaint within 3 school working days of the meetings referred to in 2.2(b). The Principal may:
• Indicate whether or not the matter has been resolved to the satisfaction of all parties or whether his/her findings are inconclusive
• Where the findings are inconclusive then the school internal investigations end and the parties to the complaint be so advised.
• Uphold the complaint on the basis of the available evidence. Notification to both parties shall include reference to the right of the subject of the complaint to appeal the decision to uphold the complaint within 5 school working days.
• Deem the complaint unfounded. Notification to both parties shall include reference to the right of the teacher to appeal to the Board of Management where the complaint has been rejected.
2.5 Where a Principal deems a complaint of sexual harassment to be valid he/she shall furnish a report to the Chairperson of the Board of Management. The Principal may impose a sanction as provided for and authorised by the school Code of Discipline/Behaviour. The report may include a recommendation to the Board of Management that it may consider further appropriate sanctions in accordance with the school Code of Discipline/Behaviour, Department of Education and Science
circular letters and relevant legislation. The Parent/Guardian or Student (over 18 years of age) may appeal the decision of the Principal to the Board of Management under the terms of Section 29, Education Act 1998 as outlined in DES circular letter M48/01.
2.6 Where the matter is resolved to the satisfaction of all parties to the complaint further dialogue must take place between the Principal, the Teacher subjected to the sexual harassment and the Parent(s)/Guardian(s) or the Student (where the student is 18 years or over), as to how to best facilitate and plan the on-going education of the student into the future.
The vast majority of complaints are resolved at either stage 1 stage 2. Where matters are not resolved the it may be referred to stage 3.
Stage III
3.1 (a) All documentation in respect of the complaint shall be furnished to the Board of Management. The Board of Management will convene to consider any documents/reports forwarded for its attention.
(b) The Student (over 18 years of age) or the Parent/Guardian shall be afforded an opportunity to make a formal presentation of his/her case to the Board of Management. Both parties to the allegation may be accompanied at such a presentation to the Board of Management by a Trade Union representative or a friend. The Student may be accompanied and represented by their Parent/Guardian.
(c) The Teacher may be accompanied and represented by a colleague or Trade Union representative. The Complainant shall be afforded an opportunity to make a formal presentation of his/her case to the Board of Management.
(d) The Board of Management is entitled to seek appropriate advice in the course of any investigation in accordance with normal procedures.
(e) All meeting/hearing(s) of the Board of Management shall take place within 11 school working days of the receipt, of the Principal’s report.
(f) When the Board of Management has completed its deliberations, the Board’s decision, together with any recommended disciplinary sanctions which may arise will be conveyed in writing to the Student and/or his/her Parents/Guardian, the Teacher and the Board of Management, within 6 school working days of the decision being taken. Notification to both the Teacher and the Student and his/her Parents/Guardian will advise of the right of appeal under natural justice and the terms of current legislation.
Generally, the steps in the procedure would be progressive but would be of an order, which would discourage and eliminate sexual harassment. There may be instances where the ultimate sanctions against a student are required, i.e. expulsion. However, disciplinary action will be taken in accordance with school disciplinary code, Department of Education & Science circular letters and relevant legislation.
Protection and Support
Staff shall be protected from intimidation, victimization or discrimination for filing a complaint or assisting in an investigation. Retaliation against a member of staff for complaining about sexual harassment is considered a disciplinary matter. Where an allegation is lodged with school management then the responsibility of protection lies with the school authority.
Assistance in the Event of Sexual Harassment
Every effort will be made to assist if they so wish, persons who are victims of sexual harassment to deal with the problem and where it is requested, the services of a counsellor will be made available by the Board of Management. Students who sexually harass a Staff Member will be required to avail of the schools pastoral care team services and or be referred to a NEPS educational psychologist.
At all stages of the Complaints Procedure a clear record should be kept of:
• The investigation undertaken.
• All communications to/by the Teacher, the Student and his/her Parents/Guardian, the Principal and the Board of Management.
• The steps and all the decisions taken.
Where a complaint has been rejected or deemed unfounded, a statement to that effect shall conclude the record in the file of both the Teacher and the Student. All other records in relation to a rejected/unfounded complaint shall be removed from the student file of the student of the complaint. Where a statement of the outcome of the investigation confirms the allegation to be true then the statement of outcome shall be placed on the file/record of the Student against whom the investigation upheld the complaint.
Review
This Code of Practice shall be reviewed by ACCS, ASTI and TUI after 5 years or earlier
if requested by either one of the parties to the agreement.
APPENDIX II
ACCS, ASTI and TUI Code of Practice for Processing Complaints
made by Parents /Guardians or Students (who have reached the age of 18 years) against a Teacher in Community and Comprehensive Schools
This Code of Practice has also been agreed between PACCS and ACCS
Introduction
Procedures are necessary to ensure fair treatment for all in the school and acceptable procedures should be known, agreed, and observed in the interest of good relationships with Parents/Guardians/Students, good industrial relations with Teaching Staff and harmony in the school environment. Throughout the procedures outlined below all communication between the Teacher, Parent/Guardian and or Student (who has reached the age of 18 years) must take place in an atmosphere that is calm, dignified and in a climate that respects the viewpoint of either party involved in the Complaints Procedure. It is to the advantage of the parties to the complaint that a speedy resolution be secured by the complaints process.
Periodic review of all procedures should take place to ensure practices are good and adhere to any developments in employment legislation or other legislation or case law.
Purpose of Complaints Procedure
(a) To provide a fair, consistent and equitable mechanism for processing complaints by Parents/Guardians or Students (who have reached the age of 18 years) against
Teachers.
(b) To do so in a manner that affords all concerned full rights in accordance with natural justice.
(c) To outline the procedures, which should be followed by all – Board of Management,
Teachers, Parents/Guardians and or Students over 18 years of age and or their representatives, in the event of complaints being made against Teachers.
Exclusions
When complaints are deemed by the Principal//Board of Management to be:-
(i) On matters of professional competence which cannot be dealt with at school level and which may be referred to the Department of Education and Science for investigation. The Complainant to be informed of any such decision.
(ii) Frivolous, vexatious or anonymous complaints and complaints which do not impinge on the work of a Teacher in a school;
(iii) Complaints in which either party has had recourse to law or to another standard procedure, may be excluded from the scope of this procedure.
Introduction
(a) Verbal complaints may be processed informally through Stage 1 of the procedure. Where the complaint is made in writing initially, the complaint should be processed through Stage 1 but a copy of the complaint should be given to the Teacher at Stage 1.
(b) Only those complaints which are written and signed by the Complainants may be investigated through stage three and or stage four of these procedures.
(c) The Complainant to be informed if the complaint is amenable to resolution within the terms of these procedures, and if not the reasons for this decision.
Stage 1
1.1 A Parent/Guardian who wishes to make a complaint should unless there is good and sufficient reason in the first instance make an appointment to discuss the matter with the Teacher concerned, with a view to resolving the complaint. A Student attending the school who is over 18 years of age who wishes to make a complaint should in the first instance lodge the complaint through the existing agreed pastoral care structures in the school.
1.2 Where the Parent/Guardian or a Student (who has reached the age of 18 years) is unable to resolve the complaint with the Teacher, she/he should approach the Principal with a view to resolving it.
It is envisaged that most complaints received under stage 1 would be resolved to the satisfaction of both parties to the complaint.
Stage 2
2.1 A Parent/Guardian or a Student (who has reached the age of 18 years) who is unable to resolve the complaint at Stage 1 may seek an appointment to report and discuss the matter with the school Principal with a view to resolving the complaint.
The Principal will arrange a meeting with a view to resolving the complaint. In some instances and where deemed appropriate by the Parent/Guardian and the Teacher it may be necessary for the Parent/Guardian, Teacher and school Principal to meet with a view to resolving the complaint. Such a meeting will take place within a maximum of seven days.
Both parties to the complaint may be accompanied at such a meeting by a Trade Union representative or a friend/colleague.
2.2 Following the consultation process with both parties to the complaint, the Principal will communicate the outcome verbally to both parties.
2.3 If after Stages 2.1 and 2.2 the complaint is still unresolved, the Parent/Guardian or
a Student (who has reached the age of 18 years) should be advised that they may raise the matter formally with the Board of Management as set out at Stage 3 with a view to resolving it.
2.4 In the case of a complaint against a Principal, the Parent/Guardian or a Student (who has reached the age of 18 years) should discuss the complaint with the Principal, who may be accompanied by a Union Representative or colleague in the first instance. If the Parent/Guardian/Student is unable to resolve the complaint with the Principal, the complaint may be processed as provided for at Stages 3 and 4 of this procedure.
It is envisaged that the overwhelming majority of complaints will be resolved at either stages 1 and 2.
Stage 3
3.1 If the issue is not resolved at Stage 1 or 2 then the Parent/Guardian/Student should lodge the complaint in writing with the Secretary of the Board of Management.
3.2 The Board of Management should formally acknowledge receipt of the complaint, note it formally and appoint a member of the Board of Management and the school Principal to deal with the matter. Any member of the Board of Management to whom a complaint refers shall be excluded from discussion/decision of the Board of Management on the matter. If the Secretary to the Board of Management is the subject of the complaint, then correspondence in this instance should be addressed to the Chairperson, Board of Management
3.3 The appointed representatives (if Principal is the subject of the complaint then 2 Board of Management Representatives) must, subject to the general authorization of the Board of Management:-
(a) supply the Teacher with a copy of the written complaint, and a copy of all other written evidence submitted by the Parent/Guardian or a Student (who has reached the age of 18 years).
(b) supply the Parent/Guardian or a Student (who has reached the age of 18 years) with copy of all written documentation concerning the complaint received by the Principal from the Teacher or report written by the school Principal following his/her investigation at Stage 2.2.
3.4 The duly authorised representatives of the Board of Management should convey the outcome of any discussions / investigation, in writing, to the Teacher, Complainant and the Board of Management and indicate whether or not the matter has been resolved to the satisfaction of all parties.
3.5 If the complaint has not been resolved at this stage and the Complainant wishes to proceed to Stage 4 she/he shall indicate this in writing to the Board of Management within a maximum of 10 school days of receipt of the letter referred to in 3.4.
Stage 4
4.1 If the Board of Management considers the complaint is not substantiated, the Teacher and the Complainant should be so informed within 3 days of the Board of Management meeting.
4.2 If the Board of Management considers that the complaint warrants further investigation, it shall proceed as follows:
(a) both parties to the complaint shall be informed that the investigation is proceeding to the next stage;
(b) both parties to the complaint shall be supplied with a copy of all written evidence relevant to the complaint;
(c) the Teacher shall be requested to supply a written statement to the Board of Management in response to the complaint;
(d) both parties to the complaint shall be afforded an opportunity to make formal presentations of their case/position to the Board of Management. Both parties to the complaint would be entitled to be accompanied and assisted by a friend/colleague (non-legal) or Trade Union representative at any such meeting, and
(e) the meeting/hearing of the Board of Management referred to in 4.2(d) will take place within a maximum of 11 school days of the meeting referred to in 2.2.
4.3 When the Board of Management has completed its investigation, the decision of the Board of Management shall be conveyed in writing to the Teacher and the Complainant within 5 school days of the decision being taken. The Board will also outline how its decision is to impact on the student.
A member(s) of the Board of Management who has acted as an authorized representative(s) of the Board of Management in the investigation of the complaint should not participate in the decisions of the Board of Management relating to the application of any disciplinary action.
4.4 The decision of the Board of Management shall be final subject to section 4.5.
4.5. In the event of the complaint being upheld the Teacher will have recourse to Trade Union and Management agreements, where they exist, but all disciplinary procedures undertaken by the Board of Management will proceed in accordance with the principles of natural justice.
4.6. If disciplinary action is to be initiated against a Teacher after stage 4.4 it will be effected in accordance with procedures agreed between ACCS, ASTI, TUI and the DES.
4.7 Where the complaint lodged is proved to be groundless then all correspondence relating to complaint should be removed from the Teachers file except for a statement of the complaints and outcome of the investigation.
If the complaint is upheld then the relevant file may be removed from the school records following agreement between all the parties involved.
Notes
(i) In this procedure a school day means a day on which the school is in operation.
(ii) At all stages of the Complaints Procedure a written record should be kept of
(a) the investigation undertaken;
(b) communications to Board of Management/Parent/Guardian or a Student (who has reached the age of 18 years) and Teacher, and
(c) the steps and /or decision taken.
Copies of this written record may be made available for inspection to the Complainant and to the Teacher concerned.
Review
(iii) This Code of Practice for processing Complaints made by Parents/Guardians of Students or Students (who have reached the age of 18 years) against the Teacher shall be reviewed by the ACCS, ASTI and TUI every five years or earlier at the request of any one of the parties.
(iv) The Complaints procedure will be reviewed by ACCS and PACCS every five years
or earlier at the request of either one of the parties.
APPENDIX III
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ACCS, ASTI, IMPACT and TUI Code of Practice for Dealing with Complaints of Bullying and Harassment of Staff To All StaffThe Association of Community and Comprehensive Schools (ACS), the Association of Secondary Teachers of Ireland (ASTI), IMPACT-The Public Sector Union (IMPACT) and the Teachers’ Union of Ireland (TUI) have agreed this code of practice whereby inappropriate or unacceptable behaviour in schools and places of work is dealt with efficiently, effectively and fairly through agreed procedures for the making of and dealing with complaints of bullying or harassment. ACCS, ASTI, IMPACT and TUI are fully committed to creating an environment within every Community and Comprehensive School that is free of bullying and harassment and which promotes personal integrity and dignity. ACCS, ASTI, IMPACT and TUI have jointly agreed this document to help promote such an environment in all Community and Comprehensive Schools. The Boards of Management of Community and Comprehensive Schools recognise that bullying and harassment can seriously damage working and social conditions for staff and students. This document clearly outlines behaviour that would be considered inappropriate or unacceptable and provides procedures for the making of and dealing with complaints. While all staff and students of Community and Comprehensive Schools are responsible for creating a work and study environment free of threat, harassment and intimidation, particular responsibility lies with Board of Management and School Principal to ensure that proper standards are maintained. This policy is not intended to stifle normal healthy relationships amongst staff but rather is intended to promote a healthy working and learning environment. This Code of Practice has been negotiated between ACCS, ASTI, IMPACT and TUI. Introduction ACCS, ASTI, IMPACT and TUI are committed to ensuring a workplace environment, which characterised, by mutual respect, tolerance and affirmation. Harassment and bullying is behaviour that is destructive to a positive working atmosphere and will not be tolerated. Staff in Community and Comprehensive Schools have the right to work in an environment free from any form of harassment, bullying or intimidatory behaviour. If someone experiences offensive behaviour and makes a complaint through the complaints procedure that follows, he/she will be protected from any victimisation resulting from the complaint. Breach of this policy on bullying and harassment may be grounds for disciplinary action ranging from a verbal warning up to and including dismissal for serious offences. Bullying and harassment are not ‘new’, nor is the behaviour that they describe. What is perhaps ‘new’ is the use of the words in the context of work and the recent recognition of the adverse effects of such behaviour on the victim and the organisation in which he/she works. Employees working in a climate of fear and resentment cannot give of their best. The adverse effects of bullying often manifest in increased absenteeism, low morale, poor performance levels and staff turnover. The learning institution may suffer a loss of effectiveness and creative input. It is also possible that the image and wider reputation of the centre, school or college will suffer if the situation results in legal proceedings. Harassment undermines the confidence and dignity of the individuals affected by it. It tarnishes the work atmosphere when bullying is tolerated or is accepted as the norm. Harassment and bullying can occur in any kind of workplace and this policy aims to inform staff of the Community and Comprehensive Schools as to their rights and responsibilities. Prevention The best way to eliminate bullying in the workplace is to foster an environment, which discourages such behaviour. All employees have an important role in creating an environment where bullying is unacceptable. An individual’s responsibility extends to an awareness of the impact of personal behaviour that could cause offence to other staff members and make them feel uncomfortable or threatened. In addition to ensuring that their own behaviour is not in any way offensive, employees should make clear to others that bullying is unacceptable and should support colleagues suffering such treatment. All management personnel have a particular responsibility to ensure that the workplace is kept free from all forms of harassment and bullying so that staff may go about their work free from the threat of harassment or intimidation. As in all matters of discipline, safety and welfare, it is primarily the responsibility of management personnel to establish and sustain proper standards in the workplace. Community and Comprehensive school management will respond promptly to complaints of harassment or bullying and will deal with all complaints in an expeditious and sensitive manner. Definition of Bullying and Harassment Bullying can be defined as a destructive and malicious attempt to target a particular individual or individuals. |
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Bullying and harassment is behaviour that is unprovoked, unwelcome, persistent and is intimidatory or offensive to the recipient. It can take the form of a verbal, physical or psychological attack and can be openly aggressive or subtle. Generally, bullying and harassment is taken to mean repeated and persistent behaviour. The impact of bullying and harassment can be devastating; it can affect a person’s work performance, health and personal life outside of work. Bullying is frequently perceived to be a problem between someone in management and staff. However, bullying can occur between any members of staff. A ‘bully’ may pick on one person or may turn his/her attention onto a group; a ‘bully’ may bully a colleague or someone senior to him/her. Groups can bully individuals or other groups. In addition, the bullying of one student by another, while not specifically dealt with in this document, is a serious offence and should be dealt with under the code of discipline within schools/centres. While the following examples of bullying and harassment are not exhaustive, it is important to be mindful of the fact that if a person behaves inappropriately to another and the victim can make a case that injury has been caused, then in such incidences there is a case for harassment.
Bullying can include: |
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APPENDIX IV
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