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Dear Clare - Chair of Governors and Disciplinary Appeal Committee

Last post 16/08/10 at 14:13 by Clare_Collins, 9 replies
Post started by sherlockkk on 05/08/10 at 15:19

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    Posted by: sherlockkk 05/08/2010 at 15:19
    Joined on 05/08/2010
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    Should a Chair of Governors be allowed to speakin support of the Headteacher at a Disciplinary Appeal Committee?

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    Posted by: ajnorman 05/08/2010 at 16:21
    Joined on 09/01/2003
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    Who is hearing the appeal, and who made the decision which is being appealed against?
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    Posted by: sherlockkk 05/08/2010 at 17:36
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     It is an appeal panel of 3 governors and it is an appeal against the decision of the disciplinary panel (3 different governors) who dismissed.

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    Posted by: ajnorman 05/08/2010 at 21:13
    Joined on 09/01/2003
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    And did the chair of governors chair the initial disciplinary panel? If so, and assuming that the appeal is on the grounds that the initial panel did something wrong (one of the few legitimate reasons for an appeal), he won't be there to advise the head teacher but to defend the correctness of the proceedings of the initial panel - the head will be the supporting act. Been there myself. If the CoG had nothing to do with the initial disciplinary panel, I'm mystified as to why he should be there.
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    Posted by: sherlockkk 06/08/2010 at 11:29
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     The HT is the subject of the proceedings - suspended - no contact allowed.  CoG not involved in panels due to involvement at earlier stage.  1st disciplinary hearing HT dismissed.  Appeal hearing - can CoG act as character witness in front of Appeal governors.

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    Posted by: ajnorman 06/08/2010 at 11:51
    Joined on 09/01/2003
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    It's usual for the subjects of disciplinary proceedings to be able to call any witnesses they want. Difficult to say more without knowing the exact circumstances but presumably the local authority's HR department will be involved and the head will have legal or union support, and it isn't in anyone's interests to allow the head to use the CoG as a character witness if that is not legally permitted or inappropriate due to prior events.
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    Posted by: MartinNicholson 06/08/2010 at 14:54
    Joined on 30/04/2004
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    I'm assuming the HT is being dismissed for Gross Misconduct?

    If the CoG can offer evidence that might represent a mitigating circumstance I would allow it. I cannot see there is much to be gained by refusing to allow the HT's chosen witness to speak.

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    Posted by: harsh-but-fair 06/08/2010 at 18:47
    Joined on 24/03/2006
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    MartinNicholson:
    I cannot see there is much to be gained by refusing to allow the HT's chosen witness to speak.
    in principle i agree
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    Posted by: ajnorman 06/08/2010 at 19:58
    Joined on 09/01/2003
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    I'm still not sure about whether the CoG will in fact be a witness requested by the head. Surely the process will have been: 1. Complaint against the head. 2. CoG investigates as the head's line manager, decides it is a disciplinary matter (the "involvement at an earlier stage"). 3. CoG presents case to disciplinary panel, resulting in dismissal. 4. Head appeals In which case, the CoG may be appearing at the appeal to defend his/her role in the process, rather than supporting the head teacher. If this is the sequence of events (it fits in with the disciplinary process in our local authority), how can the CoG support the head at the appeal stage? If that's not the sequence of events, who made the decision to refer the head to the initial disciplinary panel?
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    Posted by: Clare_Collins 16/08/2010 at 14:13
    Joined on 03/09/2009
    Posts 143

    What an interesting and difficult question. It is not entirely clear what role the Chair has played so far, but looking at the responses from others on the forum and your replies, it appears that the Head may have been involved in the original decision to suspend, but was not a member of the disciplinary panel and is not a member of the appeals panel.

    Clearly those facing disciplinary hearings do have the right to call witnesses, including character witnesses, but I do think the Chair has an inherent conflict of interest. Firstly, if the Chair was involved in the initial suspension, even given that suspension is deemed to be a ‘neutral' act, s/he has been part of the process and at the very least it seems odd that s/he should now be asked to support the head's case.

    More importantly, the disciplinary panel is not a standalone body, it is a properly constituted committee of the governing body, therefore, the decision to dismiss is a decision of the governing body. If the Chair of Governors speaks (in her/his position as Chair of Governors) as a character witness for the Head s/he is effectively speaking against a decision the governing body has already made.

    The Procedures Regulations (Regulation 14 (3) do appear to provide for the eventuality of allowing a governor who appears to have a conflict of interest, but may have relevant evidence to be heard, or alternatively to hear evidence from a governor who is acting in an alternative capacity, e.g. a personal capacity. I'm not sure that it was designed for the scenario you describe. Using Regulation 14(3) the option is, therefore, open for the Chair to attend the meeting in a personal capacity as a character witness, but given that the likely reason for asking the Chair to be a character reference is because of her/his position, I'm not sure that evidence in a personal capacity would add anything substantial to the body of evidence available. It's a matter for the head and her/his representatives to decide how best to prepare a case and who to call as character witnesses. However, given the Procedures Regulations the Appeals Panel may want to make a clear distinction about the capacity in which the Chair is appearing.

    In my view if the Chair does give evidence (even in a personal capacity) as a character witness, then at the very least her/his position as Chair is untenable and very possibly her/his position as a governor.

    Ultimately it will be for the appeals panel to hear all the evidence and decide which carries most weight and whether to uphold or overturn the dismissal.

    Finally, make sure you have access to good HR and legal advice - I'm a governor not a lawyer.

     

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