Copy of Teacher Code of Conduct

[Name redacted by admin] made this Official Information request to Education Council of Aotearoa New Zealand

The request was successful.

From: [Name redacted by admin]

Dear Education Council of Aotearoa New Zealand,

Under the Official Information Act, please provide a copy of the Teacher Code of Conduct relevant for the period Dec 15 - June 16.

Please also provide a copy of the Education Council's internal policy, procedures and guidelines to your complaint investigators.

This is requested urgently for the purpose of discovery.

Yours faithfully,

[Name redacted by admin]

Link to this

From: Enquiries Mailbox
Education Council of Aotearoa New Zealand


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Kia ora and thank you for your email.

 

We’ll do our best to get back to you as soon as we can but if your matter
is urgent please call us on 04 471 0852.

 

Ngā mihi

 

Education Council Contact Centre

 

[1][IMG] [2][IMG] [3][IMG][4][IMG][5][IMG]
Enquiries Mailbox
DDI +64 4 471 0852     
Phone +64 4 471 0852  I  Fax +64 4 471
0870  I  [6]www.educationcouncil.org.nz
Level 7, 80 Boulcott Street, Wellington  I  PO Box 5326
Wellington 6140
E ngākau nui ana mātou Te Matatū o Aotearoa kia tae mai āu tuhinga kōrero
ki roto i te reo Māori.
Ki te tae mai he tuhinga reo Māori, ka whakautua ki te reo Māori, ka mutu,
e kore te whakahoki kōrero e tāroa nā te reo o te tuhinga.

We welcome receiving correspondence in te reo Māori.
Any correspondence received in te reo Māori will be answered in te reo
Māori.
Corresponding in te reo Māori will not lead to a delay in responding.
 

This email may contain legally privileged information and is intended only
for the addressee. It is not necessarily the official view or
communication of the Education Council of Aotearoa New Zealand (Education
Council). If you are not the intended recipient you must not use,
disclose, copy or distribute this email or information in it. If you have
received this email in error, please contact
[7][Education Council request email] immediately. The Education Council
does not accept any liability for changes made to this email or
attachments after sending by us.

 

References

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7. Click to send email to Enquiries Mailbox
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From: David Cramp
Education Council of Aotearoa New Zealand

In order that we can establish the eligibility of the requester to make a request under the Act, please supply the name of the requester.

Regards

David
________________________________________
From: [Name redacted by admin]
Sent: Tuesday, 22 May 2018 11:50:54 AM (UTC+12:00) Auckland, Wellington
To: Enquiries Mailbox
Subject: Official Information request - Copy of Teacher Code of Conduct

Dear Education Council of Aotearoa New Zealand,

Under the Official Information Act, please provide a copy of the Teacher Code of Conduct relevant for the period Dec 15 - June 16.

Please also provide a copy of the Education Council's internal policy, procedures and guidelines to your complaint investigators.

This is requested urgently for the purpose of discovery.

Yours faithfully,

[Name redacted by admin]

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #7885 email]

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From: [Name redacted by admin]

Dear David Cramp,

Only the Privacy Act requires the identity of the requester, and it is withheld in this case to protect the child victim of teacher misconduct. You have now been notified privately of this. The information requested should be publicly available.

Note the current teacher code of conduct was updated after a period of significant consultation and published in June 2017. Any teacher actions/inactions can only be held against the benchmark of the relevant code of conduct at the time. You have removed the previous code of conduct from your website. We hereby request a copy. It should continue to be publicly available.

As a State Sector organisation, the complaint handling policies and procedures of the Education Council should also be publicly available. They must comply with the State Services Commission guidelines, Education Council regulations, Education Act, the rule of law, and the principles of natural justice. It is noted that the Privacy Commission's is available on their website.

Any actions/inactions of Education Council staff should be open to public scrutiny like any other public official. The Education Council has a duty to act in compliance with the law and with reasonable skill and care. Deliberately withholding your policies and procedures in order to avoid external scrutiny would be seen as acting without transparency and in bad faith.

It is noted there is significant public discontent in the conduct of the Education Council. It is overwhelmingly in the public interest that you act in good faith, particularly while there is a review of NZ's 'Tomorrow's Schools' education model.

Yours sincerely,

[Name redacted by admin]

Link to this

From: David Cramp
Education Council of Aotearoa New Zealand


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[1][IMG] [2][IMG] [3][IMG][4][IMG][5][IMG]
David Cramp
Government Relations and Information Manager
DDI      
Phone +64 4 471 0852  I  Fax +64 4 471
0870  I  [6]www.educationcouncil.org.nz
Level 7, 80 Boulcott Street, Wellington  I  PO Box 5326
Wellington 6140
E ngākau nui ana mātou Te Matatū o Aotearoa kia tae mai āu tuhinga kōrero
ki roto i te reo Māori.
Ki te tae mai he tuhinga reo Māori, ka whakautua ki te reo Māori, ka mutu,
e kore te whakahoki kōrero e tāroa nā te reo o te tuhinga.

We welcome receiving correspondence in te reo Māori.
Any correspondence received in te reo Māori will be answered in te reo
Māori.
Corresponding in te reo Māori will not lead to a delay in responding.
 

This email may contain legally privileged information and is intended only
for the addressee. It is not necessarily the official view or
communication of the Education Council of Aotearoa New Zealand (Education
Council). If you are not the intended recipient you must not use,
disclose, copy or distribute this email or information in it. If you have
received this email in error, please contact
[7][email address] immediately. The Education Council
does not accept any liability for changes made to this email or
attachments after sending by us.

 

References

Visible links
1. http://www.educationcouncil.org.nz/
2. http://www.educationcouncil.org.nz/
3. http://www.facebook.com/nzeducationcouncil
4. http://www.linkedin.com/company/educatio...
5. http://www.twitter.com/NZEdCouncil
6. http://cp.mcafee.com/d/avndy0Qrhopvvvo78...
7. Click to send email to David Cramp
mailto:[email address]

Link to this

From: [Name redacted by admin]

Dear Pauline Barnes,

Thank you for providing the code as at December 2015 as requested. I refer to your current website for the teacher code of ethics:

https://educationcouncil.org.nz/content/...

All links are for the 2017 code, not one link is for the document provided. So while you state the information is 'publicly available', yes, the 2015 pdf is indeed loaded on your website, there does not appear to be any reference or link to it accessible to a member of the public. If it was simply publicly available, as you have now provided the link to, then why did David Cramp not immediately refer to it instead of quibbling over the identity of the requester?

The complaint handling policies and procedures I asked for, are the internal complaint handling policies and procedures for your investigators. This is very different to the overall process you have referenced here: https://educationcouncil.org.nz/content/....

A limited example of what I seek is detailed here by Alan Dodd in a presentation to ANZELA in 2016: https://www.lawyerseducation.co.nz/site/...

Investigation required:
 Issue identification
 Teacher notification and initial response
 Information gathering
 Text messages, school e‐mail account, hard drive analysis, phone 
records, external agencies (NZ Police, MOE, Ministry of Justice etc.)
 Teacher, employer, witness interviews
 Information / evidential analysis
 All information provided to teacher
 Report prepared with recommendation
 Teacher response sought
 Referred to CAC

As was previously noted, your investigation processes must comply with the principles of natural justice and guidance provided by the State Services Commission. The above example, if correctly followed, prioritises the response of the teacher.

There has been significant discontent by both teachers and students/families with the Education Council.
Here some publicly available examples:
- https://www.nzei.org.nz/documents/email/...
- https://www.stuff.co.nz/national/educati...
- https://www.stuff.co.nz/national/educati...
- https://www.stuff.co.nz/the-press/news/8...
- http://www.newstalkzb.co.nz/news/educati...
- https://www.ppta.org.nz/advice-and-issue...

Significant discontent was also noted in the Education Council's consultation documents when the code of ethics was reviewed.

I am personally in contact with numerous parents and teachers who have complained to the Education Council about the conduct of teachers, after the school board of trustees or ECE management has either refused to accept any complaints or conducted an overtly biased investigation designed to avoid their own vicarious liability for student harm. The Education Council has repeatedly then accepted these biased school board or ECE management investigations, and teachers' dishonest explanations, without seeking further independent information, fairly seeking response from or balancing the evidence of the complainants.

- https://www.stuff.co.nz/national/educati...
- https://www.newshub.co.nz/home/new-zeala...
- https://www.stuff.co.nz/national/educati...
- http://www.ero.govt.nz/publications/stud...
- https://www.stuff.co.nz/national/educati...
- https://www.stuff.co.nz/national/educati...
- https://www.stuff.co.nz/national/educati...
- http://www.stuff.co.nz/national/crime/10...
- https://www.nzherald.co.nz/nz/news/artic...

A consistent complaint is that the Education Council's investigative approach has been teacher-centric, and not impartial as required. Furthermore the Education Council has failed to act as a check and balance on the conduct of school boards, as you are required to under the Education Act. Parents only option is to then seek legal action against the board when they fail to address harmful or negligent teacher conduct - something beyond the financial means of most.

While the Tomorrow's Schools model, and the lack of checks and balances, is at the heart of the issue, the Education Council has a history of failing to exercise its powers to investigate teacher conduct in a fair and balanced way.

As you appear to be ignorant of any public concerns, I suggest the Education Council conduct some public consultation on the matter. I am encouraging those affected to make submissions to the Tomorrow's Schools Review panel.

I thank you for providing the conduct codes as originally requested. I look forward to receiving your internal procedures file for investigators.

Yours sincerely,

[Name redacted by admin]

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From: David Cramp
Education Council of Aotearoa New Zealand


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