A New Way of ThinkingThe building blocks of a safer learning environment

Aims

We will discuss:

• teacher-student relationship

• the importance of professional boundaries

• case studies: were there warning signs?

• your professional responsibility

• reporting concerning or questionable behaviour

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Teacher-Student Relationship

The literature on professional responsibilities always makes the

following points:

• the teacher-student relationship is not equal

• teachers are in a unique position of trust, care, authority and

influence with their students

• there is always an inherent power imbalance between teachers

and students

• professional boundaries need to be maintained for the

protection of the student and their educational wellbeing, as well

as the reputation of, and the public’s trust in, the profession

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Professional Boundaries

A key Australian* source frames professional responsibilities in the following way:

Emotional boundaries

• Treating all students equally (e.g. not having “favourites”)

• Recognising the role of a teacher is not to be a ‘friend’,

‘counsellor’ or ‘parent’

Relationship boundaries

• Remaining professional in behaviour (e.g. no flirting, teasing)

• Any meetings outside of school should be for a valid reason, and

with the authorisation of the professional leader and/or parent

Power boundaries

• Not abusing authority (e.g. rewarding/punishing a student, etc)

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Continued…

Financial boundaries

• Gifts or rewards given to students are authorised

• Gifts received from students are reported

Communication boundaries

• Do not participate in discussions with students about personal and/or sexual matters

• Only use social media to interact with students about relevant subject or school matters

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* “Managing Professional Boundaries”, Teacher Registration Board, Northern Territory Government, September 2015

Maintaining professional boundaries

Sector groups are telling us that a professional relationship can be put at risk for teachers who:

• may be just a few years older than their students (e.g. common interests, musical tastes, possibly even an overlapping circle of friends)

• work in a close-knit regional or rural community and may unavoidably interact with students outside of school

• spend less time with family and friends, and consequently begin to see students as a support system

• incorporate social media as part of their professional practice

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Social Media

Social media can be an essential tool for some teachers (e.g. links to resources, posting assignments, online discussion forums, etc)

Some ideas from the literature:

• Set up a professional account to mitigate ambiguity between professional and personal life

• Focus communication with students on subject or school matters

• Check your privacy settings to ensure students cannot access any personal information, including photographs

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Clarity around professional boundaries

A review of Education Council cases found that a teacher may be at risk of crossing professional boundaries if they:

• engage in more than one of the following behaviours, and/or

• repeat the behaviour when they have been advised to stop:

➢ using social media to communicate, e.g. texting and Facebook

➢ alone with child outside the classroom

➢ special attention

➢ transporting a learner

➢making friends with learner’s parents

➢ being learner’s listening ear

➢ giving gifts

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Keeping yourself safe

• Make it public

• Make it authorised

• Make the right call

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Review of Education Council Cases

0%10%20%30%40%50%60%70%80%90%100%

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Case Study (2016)

Persistently crossed professional boundaries:

• Child received special attention, including being given a nickname

• High level of contact with the child via social media, including “Facetime” and text messaging

• Frequently spent unauthorised time alone with the child outside of classroom hours e.g. taking the child to lunch

• The teacher received several warnings from her Principal about the need to maintain professional boundaries

• Nevertheless, the teacher continued her behaviour

• The School conducted an investigation and found that the teacher had engaged in a high level of unauthorised and inappropriate contact with the child

• Teacher was dismissed for serious misconduct

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Warning signs present in the Case Study

Warning Signs Present in the Case Study

Used social media to communicate ✓

Alone with child outside of the classroom ✓

Special attention ✓

Transporting a child ✓

Making friends with child’s parents ✓

Being child’s listening ear ✓

Giving gifts ✓

Warned but repeated ✓

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Sam Back (2016)

Naively crossed professional boundaries:

• Vulnerable student with long standing mental health issues

• Teacher began to counsel student, without knowledge or consent of his professional leader or parents

• High level of personal email exchanges and text messages

• Student stayed overnight at teacher’s home on four occasions

• Teacher ignored advice from professionals to maintain professional boundaries

• Student formed an unhealthy attachment to the teacher

• Report from Psychiatrist stated that the teacher/student relationship created an impediment to treatment

• The Disciplinary Tribunal cancelled his registration

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Warning signs present in the Back case

Warning Signs Present in the Back Case

Used social media to communicate ✓

Alone with child outside of the classroom ✓

Special attention ✓

Transporting a child ✓

Making friends with child’s parents

Being child’s listening ear ✓

Giving gifts ✓

Warned but repeated ✓

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James Parker

• 74 charges

• Over 300 offences

• Offences occurred 1999-2012

• All victims were boys he taught

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Warning signs present in the Parker case

Warning Signs Present in the Parker Case

Used social media to communicate

Alone with child outside of the classroom ✓

Special attention ✓

Transporting a child ✓

Making friends with child’s parents ✓

Being child’s listening ear ✓

Giving gifts ✓

Warned but repeated ✓

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Professional boundaries are essential

• The environment he created masked unacceptable behaviour e.g. boys playing rugby in their underwear

• A pattern of events where the relationship of trust played a pivotal role e.g. boys staying over at his house

• Opportunity to freely cross professional boundaries enabled him to offend undetected

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Principal found to have engaged in serious misconduct

• Failure to provide a safe environment for students

• “It is a responsibility of all teachers, but particularly the head teacher, to secure a safe environment for pupils and this is a well established and fundamental requirement” Hood, TA Reference No 0008834 UK case

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Professional responsibility

As professionals teachers should:

• understand that tolerance of the behaviour by others is not relevant

• be aware of the teacher who may be too close to one student, or who shows too much attention towards a student

• be prepared to consult a trusted supervisor or colleague about concerning conduct /behaviour of colleagues

• maintain an up-to-date knowledge and understanding of, implement and comply with, student protection policies as they apply in their workplace

• be prepared to report any professional boundary violations of teachers to their professional leader

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Ongoing employer obligations

• Vulnerable Children Act: safety checks must be completed for each employee every three years

• Safety checking is about using professional judgement to identify patterns concerning attitudes or behaviours.

• An indicator of possible risk may be as small as an innocent deviation from expected behaviour or norms, or even a complaint from a parent that may be unsubstantiated or withdrawn

• An indicator of risk is behaviour that is repeated despite warnings from a professional leader to stop that behaviour

• The safety of children is always the primary consideration

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What to do if a conduct issue is reported

• Refer to the terms of the employment agreement and/or complaints and disciplinary procedures

• NZSTA is available to advise, assist and provide an advocacy service (helpline 0800 782 435)

• Other third party support (Police, CYFs, MOE, Education Council)

• The final decision about whether a person is safe to continue to work with children, or whether disciplinary action is required for possible professional misconduct, remains the sole responsibility of the employer

• Complaints received about former employees should be referred to the Education Council

• It is mandatory to notify the Education Council in certain circumstances (as follows)

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When to report to the Education Council

A Mandatory Report is required in all cases where a teacher:

• is dismissed

• resigns and within the preceding 12 months the employer advised the teacher there was dissatisfaction with, or an intention to investigate, conduct (or competence) issues

• reaches the end of a fixed term position, even if it is for only one day as a relief teacher, and the employer was dissatisfied with, or intended to investigate, conduct (or competence) issues

• engages in serious misconduct

*Regardless of confidentiality agreements*

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A new way of thinking

• Vulnerable Children Act

• Clarity around professional boundaries

• Your professional responsibility (e.g. Sam Back, James Parker)

• Changing the culture of reporting concerning or questionable behaviour

• Complaints and disciplinary procedures that take into consideration the reporting of softer warning signs

• Clarity around third party support (including when to report to the Education Council)

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