Disciplinary Procedures (Teachers and Principals)

The procedures for Boards of Management/ Education and Training Boards (ETBs) in relation to the suspension and dismissal of teachers and principals are set out in the below circulars:

ETBs, Boards of Management and principals have a responsibility for the quality and effectiveness of education and the management of staff in a school as set out in the Education Act 1998.

The agreed disciplinary procedures provide for two separate and independent strands which should be utilised in appropriate circumstances:

• procedures relating to professional competence issues
• procedures relating to work, conduct and matters other than professional competence.

An appeal must be made by the principal or teacher, against whom the disciplinary action is to be taken, within 10 school days of receiving the notification of the decision. The procedures are fully listed in the above circulars.

Who can lodge an appeal

It is open to the teacher/principal to appeal against the proposed disciplinary action.

1. In the case of a sanction being imposed at Stage 1, the appeal will be to a nominee of the Board of Management.

2. In the case of a sanction being imposed at Stage 2 and/or Stage 3 of these procedures, such an appeal will be heard by the Board of Management.

3. In the case of a sanction being imposed under Stage 4 of the procedure, an appeal will be to a disciplinary appeal panel appointed by the Board of Management.

Timeframe for lodging an appeal

An appeal has to be lodged within 10 school days of receiving the notification of the decision of disciplinary action.

Grounds on which a disciplinary appeal can be taken

1. if the provisions of the agreed procedures were not adhered to

2. if all the relevant facts were not ascertained

3. if all the relevant facts were not considered, or not considered in a reasonable manner

4. if the teacher concerned was not afforded a reasonable opportunity to answer the allegation

5. if the teacher concerned could not be reasonably expected to have understood that the behaviour alleged would attract disciplinary action

6. if the sanction recommended is disproportionate to the underperformance or misconduct alleged.

Disciplinary Appeal Panel

The Board of Management shall appoint a Disciplinary Appeal Panel which shall comprise:

1. an independent chairperson from a panel nominated by the Minister for Education and Skills

2. a representative of the recognised management body

3. a nominee of the relevant teacher union.

See Also

• Circular 0072/2011 - Grievance and Disciplinary Procedures for Special Needs Assistants
• The National Employment Rights Authority (NERA)