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O. Disciplinary Procedure

1. Disciplinary Process

The NLTA disciplinary process is a mechanism, as outlined in Sections 16 to 22 of the NLTA Act, to deal with written complaints that any active or other member of the Association is guilty of unprofessional conduct, negligence, or misconduct or has been convicted of a criminal offence by a court of competent jurisdiction. [Mar/5-6/92] [1993 AGM] [Feb/21- 23/07]

2. Members Convicted of Child Abuse

The position of the Newfoundland and Labrador Teachers’ Association is that By-Law XXIII. – Discipline will be actioned in all cases when a member is convicted of a criminal offence involving child abuse; such action to be initiated after all legal appeals on behalf of the member have been exhausted or waived. [June/16-17/89] [1990 AGM] [Feb/21-23/07]

3. Disciplinary Committee

a) In addition to the procedures outlined in the NLTA Act, for the appointment of the members of the Disciplinary Committee, NLTA policy provides for the appointment of five (5) alternate members to be appointed at the same time as the Disciplinary Committee.

b) Each newly appointed Disciplinary Committee will be inserviced prior to dealing with a disciplinary case. [Mar/5-6/92] [1993 AGM]

4. Maintenance of Records

A confidential file containing records of all discipline cases is to be maintained at the NLTA office, such file to be available only to the President and Executive Director unless otherwise directed by the Provincial Executive.

5. Publicizing Case Summaries

Publication of disciplinary cases in the NLTA Bulletin will include only generalities of the circumstances leading to the disciplinary action taken against the teacher(s).

Such publication is to be subject to the following:

a) All avenues of appeal open to the disciplined teacher(s) have been exhausted or waived and the disciplinary action has been upheld.

b) The actual text prepared for publication has been checked by the NLTA lawyer and approved as containing nothing of a libellous nature.

c) The text of the report to be included in The Bulletin has been approved by the Provincial Executive. [Mar/2-3/84]