Frequently Asked Questions - Complaints Assessment Committee
Information about the Complaints Assessment Committee, for both teachers and professional leaders, can be found on this page.
Professional leaders need to scroll down to find the relevant section.
Teachers
I have been informed that the New Zealand Teachers Council has received a complaint about me. What should I do?
Complaints can range from allegations of serious misconduct requiring full investigation, to issues that, due to their character or content, are capable of quick resolution. To decide how best to address any complaint, the New Zealand Teachers Council wants to receive - and by law is required to give you the opportunity to provide - any response or comments you wish to make. All of this will be set out in a formal letter sent to you.
It is expected that most complaints will be referred back to your employer to resolve. The thrust of the Education Act 1989 is for the Complaints Assessment Committee to seek local resolution by agreement where appropriate.
If the complaint is about conduct it may be referred to the Complaints Assessment Committee (CAC). If you are asked to respond to the complaint by the CAC or the New Zealand Teachers Council you should:
- do so within the time specified or seek an extension of time if, for some reason, you are unable to respond within the time set out;
- provide all relevant documentation so the CAC can work from complete information;
- seek advice in drafting your response. A constructive response is one that is forward-looking, showing insight into what has caused the complaint as well as suggesting ways to resolve the complaint. Your union, a lawyer or a senior respected colleague are all people who can assist you in providing a comprehensive reply.
Receiving a complaint can be upsetting. You may feel badly about the matter complained of, aggrieved that a complaint has been made or any range of emotions. It is therefore important to acknowledge the impact a complaint may have and to seek assistance and support from advisors and senior colleagues.
A prompt comprehensive response from you is a key element in enabling the CAC or the New Zealand Teachers Council to resolve the complaint, or to undertake an investigation to achieve early resolution.
Can I bring a lawyer, advocate or support person to a meeting with the Complaints Assessment Committee?
Yes, you are entitled to have a representative or support person present. You or your representative may want to make opening remarks, then the CAC members will ask you questions. The meetings will be informal though it is important to be aware that an outcome of a Complaints Assessment Committee investigation can be referral to the Disciplinary Tribunal.
If my learning centre investigates allegations of serious misconduct against me, and then the Complaints Assessment Committee investigates the same issues, isn't that double jeopardy?
Employment issues and registration or professional issues are not dealt with under the same jurisdiction. The Rules are drafted to avoid unnecessary duplication, while recognising that the public interest justifies some conduct being dealt with at a national level.
An allegation of serious misconduct made against me has been dismissed. Will the allegations be removed from my file?
How such matters will be dealt with will vary depending on the circumstances. Any information that is retained on your file will have with it such correcting or contrary information as you choose to provide.
Professional Leaders
I have concerns about the behaviour/performance of one of my teachers. When am I required to notify the New Zealand Teachers Council?
By law you are required to notify the New Zealand Teachers Council when:
- you dismiss a teacher;
- when a teacher resigns within 12 months of you notifying them of an intention to investigate some aspect of their performance;
- when you receive a complaint about a former employee within 12 months after they have left;
- when you believe a teacher may have engaged in serious misconduct; and,
- when you have undertaken competency procedures with a teacher and they have failed to reach the required standard.
Click here for more information.
I have just received a complaint about a teacher who has left my learning centre. Am I required to notify the New Zealand Teachers Council?
Yes, the Education Act 1989 requires you to report to the New Zealand Teachers Council if it is a complaint about the conduct or competence of the teacher while they were employed at your school, and if the teacher left within the last twelve months.
If the New Zealand Teachers Council receives a complaint about one of my teachers from a parent or member of the public, will they tell me? Will I be involved in the investigation?
The Education Act 1989 (the Act) requires complaints to be made to the learning centre first in most cases, so most complaints received about your teachers will be referred to you to deal with. Under the Act, and consistent with the New Zealand Teachers Council's role of professional leadership, you may be asked to inform the New Zealand Teachers Council or the Complaints Assessment Committee of the outcome of your investigation.
If the New Zealand Teachers Council does not consider it appropriate to refer the complaint to you to deal with, you will still be informed that the complaint has been received. You may be asked to provide information to assist the New Zealand Teachers Council or Complaints Assessment Committee investigation.
What constitutes 'serious misconduct'?
Serious misconduct is defined in Rule 5 of the Making Reports and Complaints Rules as follows: "Serious misconduct" means conduct by a teacher-
(a) That-
(i) Adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or
(ii) Reflects adversely on the teacher's fitness to be a teacher; and
(b) Is of a character or severity that meets the New Zealand Teachers Council's criteria for reporting serious misconduct as set out in rule 9.
The New Zealand Teachers Council's criteria for reporting serious misconduct are set out in Rule 9 of the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004.
When should I report alleged serious misconduct by one of my teachers to the New Zealand Teachers Council?
The Education Act 1989 requires you to immediately report to the New Zealand Teachers Council when you have reason to believe that one of your teachers has engaged in serious misconduct. In many cases such a belief will not be held until there is an investigation by the learning centre. If a complaint of misconduct is made to you about one of your teachers, you should follow your normal learning centre processes to investigate it. At any time that you decide that you have reason to believe that the teacher did engage in serious misconduct, that is the time that a report to the New Zealand Teachers Council must be made. You should not stop your investigation when you have made your report.
Serious misconduct is defined in the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004
Nine months before the teacher's resignation I investigated her for a minor disciplinary issue, and a warning letter was placed on her file. The matter was resolved by me long before she resigned for unrelated reasons, do I still have to report to the New Zealand Teachers Council and attach all relevant documentation?
Yes. You are referred to s139AK of the Education Act.
The report should include sufficient details for the Complaints Assessment Committee to understand the nature of the incident. This will enable prompt resolution of the matter.
I have been asked to supply 'all relevant information relating to this matter'. I have two folders full of documents. How much information does the
New Zealand Teachers Council really require?
The New Zealand Teachers Council requires 'all relevant information' in order for the matter to be fully and fairly considered. Direct evidence, such as signed witness statements and file notes, rather than documents containing comments of other people, have greater evidential value. 'Relevant documentation' is defined in Rule 6 of the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004 as follows:
(1) In these rules, relevant documentation means documentation
relating to a report by an employer about a teacher that
provides evidence of, or relates to, the matters referred to in
the report;
(2) Without limiting subclause (1), relevant documentation may
include any or all of the following;
(a) statements by the initiator, witnesses and any other persons;
(b) letters of complaint received by the employer about the teacher;
(c) recent performance appraisals of the teacher;
(d) reports of independent investigators;
(e) letters between the employer or professional leader and the teacher concerning the complaint or matter of concern;
(f) statement or responses, or records of these statements or responses received from the teacher or his or her advocate;
(g) the teacher's letter of resignation;
(h) minutes of Board meetings at which the matter was discussed;
(i) other information provided by the police or any other person.
If you require further details, please contact the Manager: Teacher Practice (legal@teacherscouncil.govt.nz).
Will the teacher be given a copy of the documents I send to the New Zealand Teachers Council?
The New Zealand Teachers Council sends the teacher a copy of all information that is received concerning him or her, in accordance with the Privacy Act 1993 and the rules of natural justice. The teacher must be given an early opportunity to answer the allegations that have been made against him or her, and an opportunity to correct any information held on his or her file. The New Zealand Teachers Council will not generally consider any documents that the teacher has not seen. If confidentiality is requested by the person making the complaint, the documents will usually be returned.