Part Six - Disciplinary Provisions

6.1    General Principles / Process

6.1.1 If at any time during the currency of this agreement the board has reason to believe that the principal has been guilty of misconduct, or poor performance, or where issues of competency arise, (for example failing to meet the appropriate professional standards), the board shall in dealing with that matter apply the principles detailed below:

(a) the principal must be advised of the right to request representation at any stage.

(b) the principal must be advised in writing of the specific matter(s) causing concern and shall be given a reasonable opportunity to provide an explanation.  Before making a final decision, the board may need to make further inquiries in order to be satisfied as to the facts of the specific matter(s) causing concern.

(c) where appropriate the principal shall be advised of any corrective action required to amend the principal’s conduct and shall be given a reasonable opportunity to do so.

(d) the process and any disciplinary action should be recorded and signed by the principal and a representative of the board.

(e) depending upon the seriousness of the matter, an oral warning should usually precede a written warning.

6.1.2 For the purposes of this clause the term misconduct shall include:

(a) any material breach of the terms of this agreement; or

(b) any continued non-observance or non-performance of any of the terms of this agreement; or

(c) any offence for which the principal may be proceeded against by way of indictment;  or

(d) any conduct by the principal (whether within the principal's professional capacity or otherwise) that is unbecoming of a principal or which demonstrates that the principal is unfit to remain in the position of principal.

6.1.3 The board may, after applying the principles above terminate the employment of the principal by giving two months’ notice of termination.

6.2    Suspension

6.2.1 If the alleged misconduct is deemed sufficiently serious the principal may be either suspended with or without pay or transferred temporarily to other duties subject to the following:

(a) other than in exceptional circumstances, the board shall not suspend the principal without first allowing the principal either personally or through a representative a reasonable opportunity to make submissions to the board about the alleged misconduct and the appropriateness of suspension in all of the circumstances.  The board shall take into account any submissions made by or on behalf of the principal before determining the matter of suspension.

(b) the board shall use its best endeavours to ensure that the period of suspension is kept to the minimum possible time consistent with ensuring that the allegations of misconduct are properly investigated and that the principal is treated fairly at all times.

6.2.2 Where the principal has been suspended and subsequently the alleged misconduct is held not to have been proved, the principal shall, unless she/he has already resigned, be entitled forthwith to resume her/his duties and have pay reinstated for the period if the suspension was without pay.

6.3    Instant Dismissal

6.3.1 Nothing in clauses 6.1 or 6.2 prevents instant dismissal without notice in the case of serious misconduct.