Investigating a concern
Investigators assess whether a teacher may have engaged in misconduct on behalf of the Complaints Assessment Committee (CAC).
Investigation process
When the Teaching Council Triage Committee refers a conduct concern to the Complaints Assessment Committee (CAC), an investigator is appointed to gather relevant information.
The teacher is informed of the investigation and may seek support or representation from their union, a lawyer, or another advocate.
The teacher's current employer is also informed.
During the investigation, the teacher has an opportunity to provide evidence and respond to relevant information.
Once the investigation is complete, the investigator collates the evidence and prepares a report. The teacher receives a copy of the report and has an opportunity to respond before the matter is considered by the CAC.
Complaints Assessment Committee and outcomes
The Complaints Assessment Committee (CAC) is an independent decision-making body that considers conduct concerns referred to it.
A CAC panel generally includes experienced registered teachers from different education sectors and a lay member. Potential conflicts of interest are considered before a panel is appointed.
The panel reviews the investigation report and the teacher's response. The teacher is invited to meet with the panel in person or by video conference, and may have representation or support if desired.
Possible outcomes
The CAC may decide to take one or more of the following actions:
- No further action – close the matter without further action.
- Further investigation – request additional information or investigation before making a decision.
- Agreement following misconduct or serious misconduct – where misconduct, or serious misconduct is established, the CAC may seek an agreement with the teacher. The agreement may include censure, conditions on the teacher's practising certificate or authority, and/or an annotation on the online Register of New Zealand Registered Teachers.
- Competence review – refer the matter to a Professional Practice Evaluator where concerns about teaching competence are identified.
- Impairment assessment – refer the teacher to an impairment process where health or other circumstances may be affecting their ability to teach safely.
- Referral to the Disciplinary Tribunal – where the CAC decides that the Tribunal is likely to consider suspending or cancelling a teacher’s practising certificate or authority, or cancelling the teacher’s registration, to address the conduct, it must refer the matter to the Tribunal.
The CAC communicates its decision to the teacher and may provide information about the outcome to the person who raised the concern, and/or the teacher's current employer.
