PPTA Constitution

The rules of the New Zealand Post Primary Teachers' Association / Te Wehengarua (PPTA).

Our Objectives

The objects of the Association shall be:

(a) To advance the cause of education generally and of all phases of secondary and technical education in particular.

(b) To uphold and maintain the just claims of its members individually and collectively.

(c) To affirm and advance Te Tiriti O Waitangi (The Treaty of Waitangi) as embodied in the First Schedule of these rules

First Schedule (Te Tiriti O Waitangi)

Maori Version

Ko te tuatahi
Ko nga rangatira o te Wakaminenga, me nga rangatira katoa hoki, kihai i uru ki taua Wakaminenga, ka tuku rawa atu ki te Kuini o Ingarangi ake tonu atu te Kawanatanga katoa o o ratou wenua.

Ko te tuarua
Ko te Kuini o Ingarangi ka wakarite ka wakaae ki nga rangatira, ki nga hapu, ki nga tangata katoa o Nu Tirani, te tino rangatiratanga o o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga rangatira o te Wakaminenga me nga rangatira katoa atu, ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te wenua, ki te ritenga o te utu e wakaritea ai e ratou ko te kaihoko e meatia nei e te Kuini hei kaihoko mona.

Ko te tuatoru
Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini. Ka tiakina e te Kuini o Ingarangi nga tangata maori katoa o Nu Tireni. Ka tukua ki a ratou nga tikanga katoa rite tahi ke ana mea ki nga tangata o Ingarangi.

Ko te tuawha
E mea ana te Kawana ko nga whakapono katoa o Ingarani, o nga Weteriana, o Roma, me te ritenga Maori hoki e tiakina ngatahitia e ia.

English Version

Article the First
The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or possess over their respective Territories as the sole Sovereigns thereof.

Article the Second
Her Majesty the Queen of England confirms and guarantees to the Chief and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates, Forests, Fisheries, and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the Individual Chiefs yield to Her Majesty the exclusive right of Pre-emption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them in that behalf.

Article the Third
In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.

William Hobson, Consul and Lieutenant-Governor.

Second Schedule (Standing Orders)

1. (i) In these Standing Orders unless inconsistent with the context:
"Leave" shall mean "Leave granted by the meeting by a motion carried by a majority of at least two-thirds of the members".
"Majority" shall mean "a majority of the members excluding the Chairperson except where required to cast".
"Meeting" shall mean "any ordinary or special general meeting or any ordinary or emergency meeting of the Executive".
"Member" shall mean "any member present at a meeting and entitled to vote and shall include the Chairperson except in the counting of a majority (unless required to cast)".
"Motion" shall mean "a proposition beginning with the word "˜that' proposed at any meeting by one member and thereupon seconded by another member".
"Orders" shall mean "these Standing Orders".
"Resolution" shall mean "motion passed or agreed to at any meeting by the requisite majority".
"Rules" shall mean "the Rules of the Association including Agenda Rules, where such rules exist".

General Conduct of Business

2. (i) The business of every meeting shall be conducted in accordance with the Rules of the Association and subject only to such Rules in accordance with these Standing Orders.

(ii) Any matter or question of order or procedure not provided for or not fully provided for by the Rules or Standing Orders shall be determined by the Chairperson by a Ruling.

(iii) All business (unless otherwise provided by the Rules or Standing Orders) shall be brought forward, discussed and dealt with in the form of a motion and no such business shall be discussed or dealt with until so brought forward.

(iv) Any Standing Order may, by leave, be suspended at any meeting in respect of such meeting or any part of it.

3. (i) The Chairperson shall maintain order in the meeting.

(ii) The Chairperson shall not permit to be discussed and shall rule out of order all matters that do not pertain to the question before the meeting or to the business of the meeting.

(iii) The Chairperson shall by ruling determine any matter, dispute or question as to order and procedure.

(iv) The appointment where necessary of a Chairperson shall take precedence of all other motions whether formal or substantive and of all other business whatsoever.

Motions

4. (i) Any motion may be moved without notice but such motions will be placed before the meeting in accordance with the Agenda Rules.

(ii) No notice shall be taken of any motion proposed unless such motion shall be seconded upon its being proposed or moved.

5. (i) When any motion has been moved and seconded it shall be placed before the meeting by the Chairperson for discussion in accordance with the Agenda Rules.

(ii) When any motion has been placed before the meeting it shall not be withdrawn except by leave of two-thirds majority of the meeting and with the consent of the mover and seconder.

(iii) Only one motion shall be placed before the meeting at a time except that any formal motion moved and seconded must be dealt with as stated for that formal motion.

(iv) Any member may foreshadow a motion which shall be placed before the meeting according to Agenda Rules.

6. (i) When a motion has been lost, either for lack of a seconder or on a vote, a motion to the same effect or the same in substance shall not be moved at the same meeting without leave of two-thirds majority of the meeting to recommit the matter.

(ii) When a motion has been withdrawn by leave it may be again moved at the same or any subsequent meeting.

(iii) Where a motion has been passed, such resolution and any consequential business shall not be rescinded at the same meeting without leave to recommit the matter. If leave is granted by two-thirds majority of the meeting the motion to rescind shall then be put and discussed. Any other consequential motions shall be taken in accordance with the Agenda Rules.

(iv) Where a motion has been passed, such resolution and any consequential business may be rescinded without leave at any subsequent meeting.

Amendments

7. (i) At any time during the debate or discussion on any motion an amendment may be moved without notice provided:

(a) that the mover and seconder have not moved or seconded the motion being discussed; and
(b) that the mover and seconder have not already spoken to the motion being discussed; and
(c) that such proposed amendment shall not be ruled as unreasonable by the Chairperson; and
(d) that such proposed amendment shall not constitute a direct negative of the motion; and
(e) that only one such proposed amendment shall be before the meeting at any time; and
(f) that no amendment may be moved to a formal motion except the motion to adjourn and then only to alter time and place of a subsequent meeting, if such information is included in the adjournment motion.

(ii) Any amendment shall be moved, seconded, proposed, discussed, put and decided upon in the same manner as if it were a motion provided that no amendment may be moved to an amendment.

8. (i) When any amendment is passed the original motion shall thereby be amended to incorporate such amendment and the motion as so amended shall then be further discussed, debated and dealt with as if it were the original motion. Movers and seconders of amendments may, if they have not already done so, speak to the motion, amended or otherwise.

(ii) Formal or consequential alterations or amendments rendered necessary by any amendment may be made by the Chairperson or Secretary.

Voting

9. (i) When the discussion if any on any motion is concluded the Chairperson shall put the motion to the meeting.

(ii) Those in favour of the motion shall first be called on by the Chairperson and shall say "Aye" and those of the contrary opinion shall then be similarly called on and shall say "No".

(iii) The Chairperson shall then declare the motion carried or lost.

(iv) Except as provided in the next two succeeding orders such declaration shall be final.

10. (i) The Chairperson may, after putting the motion to the voices (and she/he shall if any member immediately disputes her/his declaration on the voices) call for a show of hands, first from those in favour of the motion and then from those of the contrary opinion.

(ii) The Chairperson shall by herself/himself or with the assistance of tellers nominated by her/him for that purpose, count the votes on each side, shall declare the figures and declare the motion carried or lost accordingly and such declaration shall be final, except as provided in the next order.

11. (i) The Chairperson may, following Standing Orders (9) and (10) and on the demand of twenty (20) voting members present, call for any motion at Conference to be voted upon by Ballot.

(ii) When a Ballot is held each regional delegation shall be entitled to exercise a total number of votes equal to the number of financial members in that region and the votes so cast shall be such in their proportions for and against the motion as to reasonably reflect the proportions for and against the issue expressed by the members in meetings of the region.

(iii) When a Ballot is held the votes shall be counted and a declaration of the result made as is provided by 10(ii).

12. (i) Except in Ballots as provided for in (11), every full member other than the Chairperson may have and exercise one vote.

(ii) Except in Ballots as provided for in (11), all votes shall be exercised in person only.

(iii) Except in Ballots as provided for in (11), where a bare majority is required and the votes for and against are equal in number then the Chairperson shall have and shall exercise a casting vote and shall decide and declare the result accordingly.

13. (i) The Chairperson may rule that a complicated motion be put to the meeting in parts and it shall then be so put by the Chairperson.

(ii) Where error or confusion arises in connection with any vote the Chairperson may rule that another vote be taken and such shall then be done.

Speaking

14. (i) Any question of order that may arise during a debate shall be decided by the Chairperson by a ruling.

(ii) Any member called to order by the Chairperson shall immediately cease to speak and shall resume her/his seat unless permitted by the Chairperson to explain.

15. (i) Any member may speak to a motion or upon moving or seconding a proposed motion or raise a question of order arising in debate.

(ii) No member may speak to a motion after voting has actually commenced.

(iii) No member may speak to any motion more than once provided:

(a) that the mover of any substantive motion may speak on moving the motion and again in reply at the conclusion of the debate and before the motion is put; there is no right of reply for amendments and formal motions; and
(b) that the seconder of any motion may first formally second such motion and speak to the motion later in the debate if she/he so desires; and
(c) that the Chairperson may permit any member who has spoken to explain herself/himself in regard to any material part of her/his speech.

(iv) Any member may speak for five minutes but no longer unless with leave, provided:

(a) that the mover of any substantive motion may speak for ten minutes but no longer unless with leave; and
(b) that no discussion or debate whatsoever shall be allowed on any formal motion except as provided by these Orders.

(v) The Chairperson may speak to a motion only in order to make a personal explanation, or an explanation as to the matter under debate; and if the Chairperson shall desire to take further part in any debate she/he shall first leave the chair and shall cease to be Chairperson until such motion has been disposed of and shall then resume the chair. In the interim the chair shall be filled or taken in such manner or by such persons as if the Chairperson were absent from the meeting.

16. (i) A point of order may be raised by any member. Such a point of order must deal with the conduct of the meeting and must not seek or give information which is not related to the order of the meeting.

(ii) A point of order may be raised at any time and may interrupt a speaker.

(iii) A seconder is not required.

(iv) There is no debate on a point of order. When a point of order is raised, the Chairperson shall immediately rule on that point of order.

Formal Motions

17. (i) Motions shall be, and be deemed to be, formal motions if they are any of the following propositions:

(a) that the meeting do adjourn
(b) that the meeting do now proceed with the next business
(c) that the meeting do now move into committee
(d) that the motion be put
(e) that a named member be heard
(f) that leave be granted for any of the purposes for which leave is required or allowed by these Rules
(g) that the ruling of the Chairperson be disagreed with
(h) that the matter or motion do lie upon the table
(i) that we proceed with urgency
(j) that Standing Orders be suspended
(k) that an extension of time be granted.

(ii) All other motions shall be, and be deemed to be, substantive motions.

Motion to Adjourn

18. (i) A motion to adjourn may be made at any time, on any substantive motion or amendment, during the meeting.

(ii) This motion shall not interrupt a speaker.

(iii) A seconder is required.

(iv) The mover and seconder may have already spoken to the motion or amendment.

(v) This motion may not be debated unless it includes time and place for a subsequent meeting. In that case only amendment to time or place may be moved, debated and put.

(vi) Any debate interrupted by such adjournment shall be adjourned until the meeting is resumed, in accordance with Agenda Rules.

Motion for Next Business

19. (i) A motion to proceed with the next business may be made during the debate on any substantive motion but shall not be proposed until any amendment before the meeting has been disposed of: this motion may not be moved while a formal motion is before the meeting.

(ii) This motion shall not interrupt a speaker.

(iii) A seconder is required.

(iv) The mover and seconder must not have already spoken on the motion.

(v) The mover and seconder of such a motion and the Chairperson only, are entitled to speak.

(vi) If such motion be carried the substantive motions shall lapse.

Motion to Move into Committee

20. (i) At any time during the debate on any substantive motion or on any amendments but not on a formal motion a motion may be moved that the meeting move into committee.

(ii) This motion may interrupt a speaker.

(iii) A seconder is required.

(iv) The mover and seconder may have already spoken to the motion or amendment.

(v) The mover and seconder of the motion and the Chairperson only, are entitled to speak.

(vi) If this motion is carried, the meeting shall continue discussion in committee. All people present are obliged to treat the discussion in confidence and the proceedings shall not be reported or recorded. At the conclusion of the discussion the Chairperson shall accept a motion that the meeting move out of committee. When out of committee the Chairperson shall report to the open meeting in a statement which can be adopted or rejected by the meeting.

Motion for Closure

21. (i) At any time during the debate on any substantive motion or on any amendment, but not on any formal motion, a motion may be moved to the effect "that the motion be put".

(ii) This motion shall not interrupt a speaker.

(iii) A seconder is required.

(iv) The mover and seconder must not have already spoken to the motion or amendment.

(v) The mover and seconder of the motion and the Chairperson only shall be entitled to speak.

(vi) The Chairperson may refuse to accept such motions if she/he is of the opinion that discussion of the motion has been insufficient for a proper understanding of the matter under discussion or that any party to the discussion has not had reasonable or equal opportunity to present a case.

(vii) If such motion be carried the substantive motion or amendment shall be put immediately except that the mover of a substantive motion shall first have a right of reply.

(viii) If such motion be lost the debate on such substantive motion or amendment shall be resumed at the point where it was interrupted by the closure motion.

Motion to Hear Member

22. (i) At any time during the debate on any substantive motion or on any amendment, a motion may be made that a particular person to be mentioned by name, be heard.

(ii) This motion shall not interrupt a speaker.

(iii) A seconder is required.

(iv) The mover and seconder must not have already spoken to the motion or amendment.

(v) The mover and seconder of the motion and the Chairperson only shall be entitled to speak.

(vi) If such a motion be passed the Chairperson shall call on such person to speak whether the person has previously spoken or not.

Motion to Grant Leave

23. (i) At any appropriate time, on any substantive motion or amendment, but not while any formal motion is before the meeting, a motion may be moved for the purpose of granting leave in any case where these Orders provide that leave may be given for any purpose.

(ii) This motion shall not interrupt a speaker.

(iii) A seconder is required.

(iv) The mover and seconder must not have already spoken to the motion or amendment.

(v) The mover and seconder of such motion and the Chairperson only shall be entitled to speak to such motion.

(vi) If it is provided for in these Standing Orders, leave may be requested of, and granted by, the Chairperson. Such leave carries the same authority as if granted by the meeting. However, any member may object to this procedure in which case the leave becomes void. The matter may then go to the meeting for a decision.

(vii) No record need be kept of any leave granted summarily by the Chairperson and where it appears that any act, matter or thing has been made or done which could not have been made or done without leave, then such leave shall in all cases be conclusively presumed to have been granted.

Motion to Disagree with Ruling

24. (i) Immediately after the giving of any ruling by the Chairperson and whether or not any motion, substantive or formal, or any amendment thereto is before the meeting, but not if any motion under this Order is before the meeting, a motion may be moved to the effect that the Chairperson's ruling be disagreed with.

(ii) This motion shall not interrupt a speaker.

(iii) A seconder is required.

(iv) The mover and seconder may have already spoken in the debate.

(v) The mover and the seconder of such motion but no other shall be entitled to speak to it.

(vi) The Chairperson shall then reply and explain her/his ruling and shall then put the motion to the meeting.

(vii) If such a motion be carried the Chairperson shall give a different ruling in regard to the subject matter of the original ruling.

Motion to Place Upon the Table

25. (i) A motion to place a matter or motion upon the table, may be made at any time on any substantive motion or amendment but not while any formal motion is before the meeting.

(ii) This motion may not interrupt the speaker.

(iii) A seconder is required.

(iv) The mover and seconder must not have already spoken to the motion or the amendment.

(v) The mover and seconder of the motion and the Chairperson only, shall be entitled to speak.

(vi) If the motion is carried, debate on the matter or motion shall cease. If an amendment is being discussed, the amendment and the original motion shall both be laid on the table.

(vii) Any matter or motion and amendments may be lifted from the table at the same meeting with two-thirds leave of the majority of the meeting. The procedures for this are the same as for placing a matter upon the table. [25 (i), (ii), (iii), (iv)]

Motion to Proceed with Urgency

26. (i) A motion to proceed with urgency may be made at any time on any substantive motion or amendment but not while any formal motion is before the meeting.

(ii) This motion may not interrupt the speaker.

(iii) A seconder is required.

(iv) The mover and seconder must not have already spoken to the motion or the amendment.

(v) The mover and seconder of the motion and the Chairperson only, shall be entitled to speak.

(vi) If the motion is carried the speaking time shall be reduced by half.

Motion to Suspend Standing Orders

27. (i) A motion to suspend Standing Orders may be moved at any time on any substantive motion or amendment but not while any formal motion is before the meeting.

(ii) This motion may not interrupt the speaker.

(iii) A seconder is required.

(iv) The mover and seconder may have already spoken to the motion or the amendment.

(v) The mover and seconder of the motion and the Chairperson only, shall be entitled to speak.

(vi) If the motion is carried Standing Orders except order 3 shall be suspended until such time as they are resumed.

(vii) While Standing Orders are suspended the Chairperson shall maintain order as provided for in 3(i) and shall determine when Standing Orders are to be resumed as provided for in 3(iii).

Motion to Grant an Extension of Time

28. (i) A motion to grant extension of time may be moved to allow a speaker extra time, to allow a motion, an amendment or an item of business to be completed, providing Order 26 (Motion to Proceed with Urgency) has not been passed.

(ii) This motion may not interrupt the speaker.

(iii) A seconder is required.

(iv) The mover and seconder may have already spoken to the motion or the amendment.

(v) The motion may not be debated unless it includes the time for the extension. In that case only amendments to the time may be moved, debated and put.

(vi) If the motion is carried the extension of time shall apply only to the speaker, motion, amendment or item of business named in the motion.

Third Schedule (Legal Assistance)

1. The Executive shall ensure that monies are allocated annually for the purpose of providing legal assistance to members.

2. Legal assistance shall be administered by the Executive according to these Rules and this schedule.

3. (i) Any Branch or Regional Organisation may apply to the Executive for any member to be given legal assistance.

(ii) Such application must be made before any such Branch or Regional Organisation make any commitment to the said member or undertake any responsibility on her/his behalf PROVIDED that in case of emergency such Branch or Regional Organisation may take such preliminary steps as may be immediately necessary to safeguard the interests of such member.

4. (i) Any application for assistance shall include full particulars of the facts connected with the matter in hand together with all relevant documents and written statements of witnesses where possible.

(ii) Where any Branch or Regional Organisation has taken such preliminary steps provided for in Rule 3 hereof the Executive will reimburse such Branch or Regional Organisations any expenses thereby incurred unless in the opinion of the Executive the Branch or Regional Organisation has been culpably negligent.

5. Except as provided the Executive will not accept responsibility for payment of legal expenses if such expenses have been incurred without the consent or direction of the Executive.

6. In the event of a Branch or Regional Organisation not making an application to the Executive for legal assistance on behalf of a member such member may herself/himself forward such application to the Executive.

7. A member shall have the right to legal assistance either by means of a grant or by the Association assuming liability either in whole or part or either absolutely or contingently depending on the result of the proceedings for the legal costs incurred by such member in defending any legal proceedings brought against such member as a result of any act done or omitted by such member during and in the course of her/his employment as and in performing her/his duties as a teacher.

Fourth Schedule (Code of Ethics)

Introduction

It is the responsibility of all members of NZPPTA to encourage ethical conduct by all secondary teachers in terms of this Code. This responsibility includes the support maintenance and defence of the Code which is binding upon all members in all classes of membership.

Responsibilities of Members

1. The teacher should:

a) be concerned for the quality of the service rendered to and for the welfare of students
b) help all pupils to develop their potentialities for personal growth
c) deal justly and without prejudice with students.

2. The teacher should

a) respect the basic responsibility of parents for the child and seek to establish a co-operative relationship with them
b) encourage community participation in the school.

3. The teacher should

a) recognise an obligation as a member of the teaching profession to maintain a high standard of conduct and performance
b) be concerned for the welfare of colleagues
c) submit to the Association all disputes arising from professional relationships with colleagues which cannot be resolved at the local level.

Unethical Conduct

4. The following practices abuse the trust that a student can expect to have in a teacher. Accordingly it shall be held unethical for a teacher:

a) to punish a student excessively or unfairly
b) to show any form of prejudice in dealing with any student
c) to use authority as a teacher to compel any student to participate in any extra-curricular activities
d) to use authority as a teacher to compel any student to participate in any curricular activity which may reasonably be held to be offensive to the student's cultural or moral practices or beliefs e) to use authority as a teacher to persuade any student to pay for extra tuition in any course taught by the teacher
f) to criticise any student to anyone not directly concerned with the welfare or education of the student
g) to divulge personal or domestic information obtained from students parents or guardians except when required by law or in accordance with the best interests of the student
h) to supply to any person other than the students concerned or their parents or guardians copies of school reports written for students or their parents or guardians
i) to engage in any form of sexual or any other type of harassment of any student
j) to discriminate on the grounds of sex race religion political belief marital or parental status sexuality or age
k) to engage in any form of sexual relationship with a student.

5. The following practices abuse the trust that teachers can expect to have in each other. Accordingly it shall be held unethical for a teacher:

(a) to compel any other teacher to carry out extra-curricular activities
(b) to compel any other teacher to undertake professional duties for which the teacher is not trained or qualified or has not at the time of application agreed to undertake
(c) speak in derogatory terms of any other teacher or criticise the work or conduct of any other teacher in the presence of pupils or in public
(d) to coach a student of any other teacher in any course of study without consulting that teacher
(e) to advertise availability as a member of or to promote any commercial coaching activity
(f) to offer or accept appointment to a basic scale position before the advertised closing time for that position or to offer or accept appointment to a senior position before the time allowed for return of referees' reports has elapsed
(g) to be a party to any request or agreement to withdraw an application for appointment
(h) to delay advertising an actual vacancy or delay allocating a school's full entitlement to units
(i) to engage in any form of comparative advertising or to make any public comment which is derogatory of any other state school
(j) to be party to any breach of an enrolment scheme
(k) to show any form of prejudice in dealing with any other teacher
(l) to engage in any form of sexual or other type of harassment of any other teacher
(m) to discriminate on the grounds of sex race religion political belief marital or parental status sexuality or age.

6. The following practices damage the Association. Accordingly it shall be held unethical for a teacher:

(a) to wilfully disregard any policy decided on by Annual Conferences of the Association or decisions reached by the National Executive
(b) to purport to represent the views of the Association unless authorised to do so
(c) to divulge Association information classified as confidential.

Procedures for dealing with infringements

7. In setting out procedures for dealing with infringements of the Code of Ethics the Association accepts the legal obligations and duties of principals.

8. In all cases the rule of natural justice shall apply. The teacher concerned must be advised of the charge given the chance to defend the charge orally and/or by written submission and any member of any Ethics Committee or the National Executive who is likely to appear to be biased by interest or connection must withdraw.

9. Any member may lodge a complaint. A formal complaint must be in writing and lodged with the chairperson of the branch where the teacher alleged to have breached the code is a member. If the chairperson is a party to the complaint the complaint must be lodged with the regional chairperson. If the regional chairperson is a party to the complaint then the complaint must be lodged directly with the Executive.

10. In addition any member of the National Executive may lodge a complaint against any other member of the Association in writing with the General Secretary for direct referral to the National Executive.

11. Upon receipt of a written complaint from any person eligible to lodge a complaint the branch chairperson shall within seven days refer the matter to the regional chairperson and notify the teacher complained against of that action such notification to be in writing.

Regional Ethics Committee

12. Each region shall have a Regional Ethics Committee set up at its annual general meeting. This committee will consist of five members at least three of whom shall investigate each complaint. It is to this committee that the regional chairperson shall refer all complaints received. Should any of its members be a party to a specific complaint they must withdraw from membership while that complaint is considered.

13. The Regional Ethics Committee shall within seven days and in writing inform the teacher concerned of the nature of the complaint of its intention to meet within twenty-one days to investigate the complaint and of the teacher's rights.

14. The teacher shall have the right to respond in writing and/or appear before the Regional Ethics Committee. In the latter case the teacher shall have the right to be accompanied by another member.

15. The Regional Ethics Committee after consideration of all the evidence before it shall adopt one or more of the following measures

(a) take no further action
(b) caution reprimand or censure the teacher
(c) refer the case to the National Executive.

16. No matter what decision is made by the Regional Ethics Committee all parties and the National Office of the Association shall be notified within 14 days in writing of the decision and the reasons for that decision.

17. Each year the region shall receive a report from its Ethics Committee specifying the number of cases it has handled and setting out the nature and results of its investigations in general terms.

18. The respondent shall have the right to lodge an appeal against the decision of the Regional Ethics Committee with the General Secretary for referral to the National Executive.

Executive Ethics Committee

19. The Executive shall set up at the first Executive meeting each year an Executive Ethics Committee which shall investigate all ethics complaints referred to the Executive and report its findings to the Executive. This committee shall consist of five Executive members at least three of whom shall investigate each complaint.

20. The Executive delegates to the Executive Ethics Committee the power to conduct investigations or enquiries into complaints and the Committee shall determine its own procedures and practices subject to the rules of natural justice.

21. When it has completed its investigations into a complaint lodged directly with the Executive the Executive Ethics Committee shall adopt one or more of the following measures

(a) take no further action
(b) caution reprimand or censure the teacher
(c) recommend to the Executive that it withdraw the teacher's right to Association membership as provided for in Rule 9(ii) of the Constitution.

22. The Executive Ethics Committee will also review appeals against the decision of a Regional Ethics Committee. In such a case after considering all the evidence before it the Committee shall adopt one of the following decisions

(a) annul the decision of the Regional Committee
(b) uphold the decision of the Regional Committee
(c) change the decision of the Regional Committee.

23. Any decision of the Executive Ethics Committee or of the Executive acting in terms of Rule 21(c) shall be communicated to all parties concerned in writing within 14 days giving the reasons for the decision.

Ethics Appeal Board

24. The respondent shall have the right to lodge an appeal against a decision of the Executive Ethics Committee except a decision made by the Committee under Rule 21(c) provided it is in writing to the General Secretary within one calendar month of the date of the decision. The General Secretary will refer such appeals to the Association's Ethics Appeal Board.

25. The respondent shall have the right to lodge an appeal against a decision of the Executive provided it is in writing to the General Secretary within one month of the date of the decision. The General Secretary will refer such appeals to the Association's Ethics Appeal Board.

26. The Executive shall appoint and may re-appoint a person to chair an Ethics Appeal Board. Such a person not being a member of the Executive will hold office for one year. In addition for each appeal except an appeal lodged under Rule 25 the Executive will appoint one of its members who was not a member of the Ethics Committee involved in the case and elect by lot three regional chairpersons none of whom shall have been involved in the case to this stage. These five will hear the appeal.

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Last modified on Wednesday, 22 March 2017 15:04