The Jamaica Teaching Council (JTC) on Wednesday lost its bid not to disclose decisions from teacher conduct hearings to school boards and teacher employers, unless requested.

Majority of the members of the joint select committee reviewing the JTC Act decided that those reasons should be provided to schools up front, instead of forcing the employer to request it.

The discussion follows on the previous meeting of the committee which examined whether the JTC should only provide a teacher, against whom a complaint has been made, with the full report of the findings, after the council has made its decision.

The provisions would fall under the newly proposed section 58 (3) and (4) which sets out that the committee should issue reports to the council that includes the decision that has been made; the reasons for the decision, the date that the decision takes effect, and the period that the decision may remain in force. It also outlines that upon receipt of a report from the Professional Practice and Conduct Committee (PPCC), the council shall within seven days serve a copy of the report on: the registered or licensed teacher or instructor who is the subject of the complaint; and any person employing that teacher/instructor.

On Wednesday, head of the JTC Dr Winsome Gordon cautioned against expanding the custody of certain records of teachers outside of the council. “When one goes before a hearing one has to decide what kind of record you want in the workplace about a teacher. The teacher will have the reason, the employer can request the reason [but] what we don’t want to do is have another set of records somewhere outside of the council. You don’t want is to create a database on teachers outside of the council, you don’t want that, for lots of good reasons,” she insisted.

Government Member of Parliament Floyd Green questioned restricting the information, since it can still be provided on request. “Why would we call upon the employer to take another step to get the reason, seeing that you do not have a fundamental issue with giving them the reason. Why force them into asking? Why not provide it?” he said.

Dr Gordon maintained that, “If there is no query, there is no reason to build a database outside of the council”.

However, Assistant Attorney General Jeffrey Foreman pointed out that under Jamaica’s access to information regime, the typical default position is that the parties receive the reasons for decisions. “Over time, where the courts are reviewing decisions of public authorities and situations arise where there is no indication at all of the reasons why the public authority came to that conclusion, our courts generally do not look at that in a very positive way,” he said.

Opposition Senator Lambert Brown also had misgivings about the reason offered by the JTC for not providing reasons for decisions, by default. Brown argued that the approach could lead to court challenges. “I don’t like the secrecy thing, it could lead to a lot of speculation if reasons aren’t given; my concern is if it [the decision] is for suspension of the teacher or a removal from the roll of teachers it is the school — the employer — who must effect such a decision, and we are going to leave the employer blindsided, not knowing why. Unless they ask for the reason why they should separate this teacher from the school? I believe the employer ought to be given [the reason]. The employers may themselves want to ask questions of the council; you’re instructing them to do something that they may have some concerns or issues with, and they may be challenged over the termination or suspension,” he said.

Solicitor General Marlene Aldred pointed out that in some instances the employer may not be a party to the matter, depending on who brings the proceedings against the teacher, but the employer would still have an interest: “To me that would mean they would have sufficient interest to be able to ask for and receive the information,” she said.

Dr Gordon cautioned that ’employer’ is not limited to the school board, but also includes any private employer of the teacher: “And there is nothing to stop either the board or the employer of the teacher from circulating the report or making it public,” she advised.

She made the point after Government Senator Natalie Campbell Rodriques questioned whether there was statute preventing the school board from circulating such sensitive information. “That is where my concern lies, right there. You could destroy somebody’s reputation on purpose. Remember that in some communities the board is made up of people from a small community, the same as the teacher. It makes me very uncomfortable, but I will yield to the majority,” Campbell Rodriques stated.

The proposed provision still has to be reviewed by Parliament to decide whether it is adopted in law.The JTC Bill is intended to repeal the functions of the Teaching Services Commission relating to the registration, discipline and assessment of the qualifications of teachers along with certain other provisions of the Education Act, as well as certain provisions of the Education Regulations of 1980; regulate the practice and professional conduct of teachers, and establish the JTC and define its functions.