Sunday, October 19, 2008

1966 CEART Recommendation concerning the Status of Teachers_VII

Teacher Solidarity for the improvement of education

Disciplinary procedures related to breaches of professional conduct
47 Disciplinary measures applicable to teachers guilty of breaches of professional conduct should be clearly defined. The proceedings and any resulting action should only be made public if the teacher so requests, except where prohibition from teaching is involved or the protection or well-being of the pupils so requires.
48 The authorities or bodies competent to propose or apply sanctions and penalties should be clearly designated.
49 Teachers' organizations should be consulted when the machinery to deal with disciplinary matters is established.
50 Every teacher should enjoy equitable safeguards at each stage of any disciplinary procedure, and in particular:

a. the right to be informed in writing of the allegations and the grounds for them;
b. the right to full access to the evidence in the case;
c. the right to defend himself and to be defended by a representative of his choice, adequate time being given to the teacher for the preparation of his defence;
d. the right to be informed in writing of the decisions reached and the reasons for them;
e. the right to appeal to clearly designated competent authorities or bodies.

51 Authorities should recognize that effectiveness of disciplinary safeguards as well as discipline itself would be greatly enhanced if the teachers were judged with the participation of their peers.
52 The provisions of the foregoing paragraphs 47-51 do not in any way affect the procedures normally applicable under national laws or regulations to acts punishable under criminal laws.

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