TEACHERS are often caught off guard when given a dismissal letter, and principals sometimes are not sure what to do, if faced with the option of discharging a teacher. But, the Education Code of Regulations 1980 is very clear on this issue.

Under the heading of ‘The duties and responsibilities of a principal of a public educational institution’, covered under Schedule D, Section (i) of the code of Regulations, their duty is to recommend to the school board “the appointment and promotion of members of staff and the demotion or dismissal of such persons whose work or attitude is unsatisfactory, but only after warning the member of staff in writing, giving guidance and assistance, and allowing a reasonable time for improvement.”

Before any proceedings can begin, this section of the code will have to be adhered to or a principal can be accused of neglect of duty.

When warnings are given, verbally or in writing, the principal should ensure that a witness is present and must follow up with a log book entry. Teachers should ensure that their board representative is present at these meetings.

Also, it is prudent to ensure that the school board is properly constituted. If there are doubts about how it should be done, consult the relevant section of the code – from Section 70 onward – relating to your type of school.

If there are vacancies on the board, get in touch with the National Council on Education.

It is difficult to dismiss a teacher who is permanent. I will spend some time on this later.

The easiest case scenario is termination of a temporary appointment. This must be done within the three continuous terms of employment. In this case, one month’s notice on either side will have to be given.

Note that reasons must be given for termination. It is advisable, therefore, that when all appointments are made, whether a clear vacancy exists or not, it should be temporary in the first instance and should be put in writing stating the duration of the appointment.

The appointment should not be longer than one year, in the first instance. Notices of termination should not be over the signature of the principal, but the chairman, with words to the effect: ‘I have been instructed by the board.’

This is important as principals are often called upon to advise the chairman. Remember that reasons must be given for such termination. Once a teacher completes three continuous terms of employment, he or she must be treated as if a permanent staff. This is where most principals make mistakes.

The teacher may be on the staff for three years and because no recommendation was made for permanent status, it is taken for granted that the teacher should be treated as someone who is temporarily appointed.

Under section 54, a teacher who unilaterally terminates his/her employment is liable to be “charged” with “professional misconduct”. But, let us go slowly. Professional misconduct is not in itself a charge but a category under which a charge can be made.

The anatomy of a charge

Under Section 55, there are seven ‘Disciplinary Offences’ or categories under which a teacher can be charged:

. improper conduct while in school;

. neglect of duty;

. inefficiency;

. irregular attendance;

. persistent unpunctuality;

. lack of discipline; and

. such other conduct as may amount to professional misconduct.

Hopeton Henry is principal of Seaforth High School. Part two of this article will appear next week.