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Contradictions between what DET says and does is creating a dangerous minefield for teachers, writes CAROL HOWARD.
It's quite disturbing to read the "feel good" articles such as "Fitting the Bill" (Department of Education and Training's inform, February 21). This article allows Bill Leak the opportunity to describe his various schooling experiences and, in particular, extol the virtues of one teacher.
This all seems, and is, wonderful that the teacher has taken the time and the effort to encourage the students by driving them round galleries after picking them up from their homes, and sitting for them so that they gain experience in drawing. In this situation Bill has acknowledged what this extra effort by the teacher meant to his education.
Unfortunately in today's climate, post Royal Commission, these innocent actions are being misinterpreted and investigated, with a view to implementing possible disciplinary action by the same organisation that published the article.
When Federation Officers try to warn members that the DET's statements and actions vary significantly, union Officers are perceived to be over reacting.... until it actually happens to the individual. Teachers must be aware that their actions now receive greater scrutiny, with the intent, in my opinion, to find fault.
Things come in waves: it is now technology's turn. It is becoming apparent that it is not wise to e-mail students, write to them or give them gifts, especially those of a personal nature, as it can be perceived that the teacher is developing an inappropriate relationship with a student. Teachers need to remember that they are dealing with students in their care; they are not colleagues or friends and mail and gifts need to reflect this.
E-mail is not private correspondence; it can be accessed and read by others. Also, e-mails are not as easy to delete as it seems. Deleted e-mail goes into the 'bin' and deletions then go into the mail server. This can, and has been, accessed by the employer.
Further, e-mails received and sent can be recorded and, at work, one needs to be sensitive to the needs and accessibility of students and staff to the computer. It goes without saying that it is definitely not wise to have pornographic material at work in whatever form. It seems that it is also not wise to have material which a "conservative" mind might consider to be pornographic.
People are perceived as not being responsible for e-mails received by them, but they are responsible for the number of hits to a site, and also for forwarding the material.
Innocent, humorous actions of employees can be and are being misinterpreted. The repercussion of a DET investigation on an individual varies, from at best, temporary anxiety to at worst, a major depressive injury which may lead to medical retirement. In regard to a teacher's continued employment, the Teaching Services Act 1980 Section 85 describes the breaches of discipline that can be imposed by the Director-General. These are (note the gender specific language used by the Act):
"(i) caution the officer or temporary employee;
"(ii) reprimand him;
"(iii) fine him;
"(iv) except in the case of a senior executive officer, reduce his rate of salary or wages; or
"(v) except in the case of a senior executive officer, reduce him to a lower classification or position in the Teaching Service of which he is a member."
Further, the Director-General may decide to dismiss "him" or direct "him" to resign.
DET disciplinary action is then reported to and "reviewed" by the Ombudsman's Office. DET has proven that it is prepared to lay charges and discipline staff if pornography, gambling or other inappropriate sites are accessed. The suggestion that this has been done will be likely to result in an investigation.
Carol Howard is a Welfare Officer.