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There is no doubt that you have heard claims that the Alberta Teachers’ Association (ATA) only serves to protect so-called “bad teachers.” This is simply not the case. The Association does not defend or protect unprofessional conduct by teachers. In fact, the ATA believes strongly that all students deserve to be taught by teachers who conduct themselves with dignity and show respect to their students, their fellow teachers and the profession in general.
The Association has long been responsible for dealing with members who engage in unprofessional conduct—the first recorded discipline case dates back to 1954. Although the legislation governing the Association’s responsibility for discipline has been revised over the years, the current Teaching Profession Act provides a definition of unprofessional conduct and gives the Association full authority and control of the disciplinary process for its active members.
Unprofessional conduct, as defined by section 23 of the Teaching Profession Act, is any conduct that
- is detrimental to the best interests of students, the public, or the teaching profession;
- contravenes the act;
- harms or tends to harm the standing of teachers generally; or
- leads to conviction of an indictable offence.
A member’s refusal to cooperate with an investigator appointed by the ATA’s executive secretary may also be deemed unprofessional conduct.
In addition, the Association’s Code of Professional Conduct stipulates minimum standards of professional conduct of teachers. ATA members who violate these standards may be subject to a charge of unprofessional conduct. Members have an obligation to report perceived unprofessional conduct to the Association, but members of the public may also make a complaint about any active ATA member by submitting a request, in writing, to the executive secretary. A superintendent who believes a member may have been convicted of an indictable offence must make such a complaint.
Even after a member has left the profession, a complaint may be filed within five years of the member’s lapse of membership for conduct that occurred while the member was active.
Following is the process of what happens once the ATA receives a complaint about a member.
An investigator is appointed to conduct an investigation of the member’s actions and provide a report of findings to the executive secretary, who will either
- refer the matter to a hearing committee,
- direct that the matter not be subject to any further action or
- refer the matter to a mediator or to another dispute resolution process provided for in the Association’s bylaws.
When a member has been convicted of an indictable offence, the executive secretary must refer the matter to a hearing committee immediately.
The Association’s Professional Conduct Committee comprises 17 or more members of the Association (appointed by Provincial Executive Council) and three members of the public (appointed by the provincial government in consultation with the Association). The executive secretary appoints three to five people from this pool to form a hearing committee to hear a specific case. In the case of an indictable offence, the hearing committee must include a public member.
The hearing committee convenes a hearing and, after weighing all the evidence, decides on the guilt or innocence of the charged member. A charged member is responsible for his or her own defense and/or legal representation. The hearing committee will also determine the penalty for each finding of unprofessional conduct.
The hearing committee may impose one or more of the following penalties on the member:
- An oral or written reprimand, including a severe reprimand
- A fine not exceeding $10,000 for each finding
- Suspension or cancellation of ATA membership
- A recommendation to the Minister of Education to suspend or cancel the member’s teaching certificate
- Any other order it considers appropriate
Hearings are open to the public unless the complainant requests it be held in private because of the confidential nature of the matters being heard or unless the hearing committee determines that the interest of someone other than the charged member may be detrimentally affected.
The hearing committee then issues a written decision within 60 days that details each finding of unprofessional conduct, the reasons for each finding and any penalty ordered. This decision is forwarded to the provincial registrar for teaching certification and is available, free of charge, to the public upon request.
The charged member or the ATA’s Provincial Executive Council may, within 30 days, appeal the hearing committee’s decision. If this happens, the matter is referred to the Association’s Professional Conduct Appeal Committee, comprising four Association members and three public members. The appeal committee reviews the record of proceedings and the hearing committee’s decision and may quash, uphold or vary that decision. The appeal committee’s decision may not be appealed.
Sometimes there is insufficient evidence related to a complaint and the executive secretary decides that a hearing is not warranted. In that case, the investigated member and the complainant are notified, in writing, of the decision that no hearing will be held. The complainant has 30 days to submit both a written request and a $250 appeal fee requesting a review of that decision. This request for a review by the Association’s Complainant Appeal Committee must include reasons why the complainant believes the matter should be referred to a hearing committee.
The Complainant Appeal Committee includes at least two ATA members and one public member. The committee convenes to review the executive secretary’s decision and also hear submissions from the complainant, the investigating officer and/or the investigated member. The committee can only rule on whether or not the matter should be referred to a hearing committee. If so, the executive secretary will appoint a hearing committee.
If you would like to learn more about the discipline process, or any other matter related to the Code of Professional Conduct, please contact the Member Services program area of the Alberta Teachers’ Association. ❚
