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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