Q & A

J.S. Buski

Question:

Why is the Association being criticized for its handling of a discipline case? Why don't we just get on with it and avoid all this criticism?

Answer:

The process by which teachers are disciplined has been carefully structured by the Association with the government. This process is consistent with that of other professions. If a teacher is convicted of an indictable offence a discipline hearing is always held. The hearing operates formally in a manner similar to a court of law. At the hearing all relevant evidence must be produced for the Discipline Committee. The committee makes a decision regarding guilt or innocence of unprofessional conduct and recommends an appropriate penalty based on that evidence. A duty of fairness requires that the accused has the right to have all relevant evidence placed before the committee. This may obligate the opportunity to cross-examine. The Association subpoenas witnesses and pays expenses associated with attendance at the hearing to ensure that the firsthand story is available to the committee. Only evidence presented at the hearing can be considered by the committee.

Recent criticism has been focused as a result of the Association issuing a subpoena to a witness in a case which will go before the committee. While it would be inappropriate for me to discuss that particular case at this time, I do want to point out that many of the journalists heaping abuse appear to have little understanding of the law and the discipline process of professional associations. Indeed, many of them appear to be unaware that it is not the Association which issues and removes teaching certificates but rather the minister of education.

Under our Discipline Bylaws (as approved by the Lieutenant-Governor in Council), a teacher who has been convicted of an indictable offence under the Criminal Code is deemed to be guilty of unprofessional conduct. The committee does not retry the criminal case. It is this latter point which appears to be confusing some editorial writers. In hearing arguments on the matter of penalty, court transcripts are admissible of course. However, depending on the case presented by the defendant, further information or cross-examination of witnesses may be necessary. Failure to respect any rights could, on appeal, lead to the decision of the committee or of the penalty being overturned.

The Teaching Profession Act allows for a number of penalties. These include expulsion or suspension from membership in the Association, recommendation to the minister that the individual's teaching certificate be suspended or cancelled, fines and reprimands. However, there are no automatic penalties linked with any particular offence.

For additional information, please consult sections 15 through 21 of the Teaching Profession Act as well as the Discipline Bylaws of The Alberta Teachers' Association. These can be found in the Members' Handbook, a copy of which should be in your school.

Questions for consideration in this column are welcome. Please address them to J.S. Buski at Barnett House.