Download  good practice guide: Leaders in education

Introduction

Leaders in education have a wide range of responsibilities, and play a pivotal role in ensuring that learners and young people are educated, nurtured, and encouraged. We know our leaders in Wales are hugely committed professionals.

The Code of Professional Conduct and Practice (the Code) sets out the key principles a registrant is expected to uphold in their day to day conduct and practice. To complement the Code, the Education Workforce Council (EWC) has published a number of guides that are intended to support all registrants, including leaders, in understanding and applying the Code. Both the Code and the guides are on our website.

This guide, however, has been developed specifically for education leaders, and will be of use for those in both senior and middle, leadership roles.

The Code

As a leader, you will be familiar with all parts of the Code, using it as an important point of reference. Learners, young people, colleagues, and the public will look to you as a role model, someone who is expected to uphold the Code and its five key principles:

1. Personal and Professional Responsibility
2. Professional Integrity
3. Collaborative Working
4. Professional Knowledge and Understanding
5. Professional Learning

However, as a professional, inappropriate behaviour in your personal or professional life could ultimately affect your position as a leader, your registration with the EWC, and possibly your eligibility to continue to practise.

Raising your awareness

In your position as a leader, you will use a range of skills and resources to be in the best position possible to discharge your daily responsibilities.
Nevertheless, on occasion, no matter how skilled and self-aware a leader may be, they can still make a mistake, an error of judgment, or poor decision, which ultimately results in their conduct being called into question.

Using our experience of the types of conduct seen in our fitness to practise casework, we have highlighted some common themes which have resulted in education leaders being referred to us.

The examples we use below to illustrate important principles are not mutually exclusive and the behaviours described may span a number of types.

Financial mismanagement

• breaches of financial procedures/regulations resulting in mismanagement
• using funds, or property, for personal or professional gain
• not acting with probity or being accountable

Governance and accountability

• breaches relating to governance and accountability
• disregarding policies and procedures
• not establishing and sustaining a professional working relationship with the relevant governing body or directorate
• being dishonest with the governing body or directorate, not keeping them fully informed
• breaching statutory laws, such as those relating to equality and data protection

Breach of professional boundaries

• misuse of power and position
• bullying, harassing or intimidating staff
• inequitable approach to dealing with learners, young people, and/or staff
• not maintaining professional boundaries with a colleague, learner, or young person
• not using social media responsibly

Risking the health, safety and welfare of learners, young people and/or staff (including safeguarding)

• not taking reasonable steps to ensure that the health and safety of learners, young people, and/or staff are adequately maintained
• not undertaking, or recording, risk assessments
• not making sure appropriate procedures are followed on external trips
• not recording, reporting, or maintaining accurate records of incidents

Dishonesty

• falsification of documents
• assessment and/or examination malpractice
• providing untruthful information either verbally and/or in writing
• theft of funds, financial mismanagement

Criminal offences

• criminal offences which undermine professional reputation

Breaches of the Code

With the above in mind, the below are illustrative of cases where registrants in leadership positions (from all registrant categories), have been subject to EWC disciplinary proceedings.

We do recognise that the vast majority of leaders act with the utmost professionalism. However, in all these cases, there has been a clear breach of the Code. Registrants received a range of disciplinary sanctions including, in some cases, being prohibited from practising in the education workforce in the future.

Financial mismanagement

A registrant in a leadership position did not record money received from learners, kept the money at home, failed to bank it, and amended the original dates on cheques received

Governance and accountability/risk to health, safety, and welfare

A registrant in a leadership position:

• failed to report a sexual relationship between a member of staff and a child at another school
• put learners at risk by ignoring health and safety regulations and avoiding ratification by the governing body for playground development
• failed, on several occasions, to follow child safeguarding procedures which contributed to serious harm to the young people concerned
• committed serious data breaches by sharing confidential information about learners with outside parties
• failed to follow procedures for educational visits and trips, putting learners and young people at risk
• persistent, unauthorised absence from duty, in breach of the absence policy
• failed to follow the recruitment policy and procedures by appointing a family member without the vacancy being advertised

Breach of professional boundaries

A registrant in a leadership position:

• abused their position by bullying and victimising members of staff
• openly discriminated against members of staff because of their gender and ethnic origin
• behaved inappropriately with a learner on school premises after school hours
• behaved inappropriately with a colleague on work premises which was covertly recorded and shared on social media

Dishonesty

A registrant in a leadership position:

• falsified the counter-signatory signature on school cheques before cashing them for personal use
• ignored malpractice taking place with assessments, it being an ‘accepted’ way of working in the organization
• signed National Numeracy and Literacy Examinations declaration forms to confirm all exam body guidance was followed appropriately, when they knew this was not the case
• was implicated in forging signatures on assessment forms, which led to the contractor losing Welsh Government funding

Criminal offences

A registrant in a leadership position:

• was convicted for sexual offences against a member of staff following a period of persistent harassment in the workplace
• was convicted for the cultivation and supply of drugs
• was convicted for theft after gambling online using school funds

Our advice

Ask yourself, if you adopt a specific course of action, either in your private or professional life, will your behaviour fall within the expectations of the Code, or be in breach of it?

If things do go wrong, inaction may put you in breach of the Code. Do not ignore it and act early.

Be honest

Being truthful about what has happened is a faster route to a positive outcome. Take responsibility where you need to. Avoid blaming others, and be accountable for your own actions.

Ask for advice or professional help

You may be unable to deal with this on your own. Ask for advice and support (from a trade union, professional network, mentor, other senior leader). It may help you decide the best approach to take professionally.

Reflect on any advice you have been given, and consider how best to move forward to resolve the situation

Remind yourself again of the expectations placed upon you to uphold the Code, especially given your position of responsibility.

View this as an opportunity to preserve, or restore, your professional integrity.

It may be appropriate to self-refer to the EWC.

Commit to a resolution, learn from it, and move forward.

Further support

We offer presentations which focus on fitness to practise and the Code. If you or your employer would like to arrange one in the workplace, please contact us.

Download  Good practice guide: Professionalism in action

Introduction

Professionalism is the behaviour expected of a professional person. It describes the qualities required of those who are trained and skilled to carry out particular roles, not just within those specific roles, but in society as a whole.

When you became a practitioner in education in Wales, you committed to being professional in all that you do and by doing so, contributing to upholding public trust and confidence in your profession.

This guide aims to help raise your awareness and understanding of key areas related to professionalism in both your professional and personal life.

This is not regulatory or mandatory guidance. Scenarios have been included to help you think about and explore some of the issues which might arise, and how our advice might apply. We have also included examples of unacceptable practices where professional boundaries have clearly been crossed.

The Code

All Education Workforce Council (EWC) registrants are subject to the Code of Professional Conduct and Practice (the Code), which sets out the key principles of good conduct and practice for registrants. This guide should be read in conjunction with the Code.

The principles and expectations in the Code are all relevant to professionalism in practice. In this guide, however, we particularly highlight:

1. Personal and Professional Responsibility

Registrants:

1.1 recognise their personal responsibility as a role model and public figure, to uphold public trust and confidence in the education professions, both in and out of the workplace
1.2 conduct relationships with learners and young people professionally
1.3 engage with learners and young people to encourage confidence, empowerment, educational and personal development
1.4 have a duty of care for the safety, physical, social, moral, and educational wellbeing of learners and young people
1.5 are mindful of their professional responsibility for the health, safety, and wellbeing of colleagues and themselves
1.6 demonstrate a commitment to equality and diversity

2. Professional Integrity

Registrants:

2.1 are accountable for their conduct and professional competence
2.2 behave honestly, and with integrity
3. Collaborative Working

Registrants:

3.1 respect, support, and collaborate with colleagues, learners, young people, and others to achieve the best learning outcomes
3.2 share experience and knowledge to help themselves and other practitioners develop and maintain best practice
3.4 communicate appropriately and effectively with all involved in the education of learners and young people
4. Professional Knowledge and Understanding

Registrants:

4.4 where necessary, seek support, advice, and guidance, and are open to feedback, responding to it positively and constructively
5. Professional Learning

Registrants:

5.1 demonstrate a shared commitment to their continuing professional learning by reflecting upon, and evaluating, their practice, keeping their professional knowledge and skills up to date, and taking steps to improve their practice where necessary

The Code is an important point of reference. Think about the five key principles and the expectations they place upon you. The Code will help you make the right decisions when faced with the challenges covered in this guide.

The Code is available on our website.

What is professionalism in practice?

Professionalism in your practice is about reflecting on your personal and professional values, morals, ethics, and having the confidence to make sound judgements, informed decisions, and behave appropriately as a professional, sometimes in challenging circumstances.

You are responsible for upholding your own professional conduct and practice and ongoing self-reflection is central to maintaining your professionalism.

There are many important characteristics that contribute to professionalism in practice. These include the following, which are not mutually exclusive:

Being honest and having integrity means:

• keeping your word as a professional, you are trusted implicitly
• not compromising your values
• doing the right thing, even if it means taking a more difficult road
• being accountable
• being humble, admitting when you might have made a mistake, or need help and being willing to learn from others
• representing yourself honestly and accurately when you are, for example, applying for jobs or interacting with your regulator
• understanding that the public place a lot of trust in you as an educational professional, and recognising that in return, the public expects you to act with high levels of integrity, both in and out of work

Being a good role model means:

• living up to expectations by demonstrating clearly what professionalism looks like in practice and leading by example
• having a clear moral and ethical code
• understanding that what you say and do in your private life shapes the way that people think about you and your profession
• demonstrating positive behaviours and attitudes towards equality, diversity, and inclusion
• supporting colleagues, learners, and young people
• celebrating personal success and that of others, and treating others with respect
• providing meaningful and constructive feedback to others
• having humility and a willingness to admit mistakes
• developing others and supporting those in senior roles
• reporting concerns in a professional manner if you think that things are not right
• being understanding and patient with those who are new to your profession or those who are learning new skills

Being a reflective practitioner means:

• having a personal commitment to develop and improve your skills as a practitioner and the specialised knowledge needed to succeed in your role
• keeping your knowledge and training up-to-date, so that you can continue to deliver the best possible learning experiences
• sharing and disseminating evidence-informed practice
• your professionalism is your personal responsibility and you should never stop:
  • learning
  • reflecting
  • trying to improve

Being confident and competent in your professionalism means:

• despite there being tough times in all professions, and times when your confidence might waver, remembering that you are part of a trusted profession that supports you
• being reliable and delivering what is expected of you
• managing expectations, not making excuses, and focusing on finding solutions if things go wrong

Breaches of the Code

The examples below are illustrative of cases where registrants (from all the registrant categories), have significantly failed to demonstrate professionalism in practice when required, and were subject to EWC disciplinary proceedings as a result.

In all cases, there has been a clear breach of the Code and the registrants received a range of disciplinary sanctions including, in some cases, being prohibited from practising in the education workforce in the future.

A registrant:

• bullied and harassed a colleague by making sexualised comments in front of other colleagues and learners, justified as “only banter”
• behaved in an unprofessional way towards colleagues which included losing their temper, shouting, and swearing at staff, making derogatory and sexist remarks
• bullied and intimidated staff in relation to the school’s performance against the national literacy and numeracy tests
• committed fraudulent acts with learners’ work and sought to blame and implicate other colleagues
• failed to follow management instructions, sought to mislead colleagues, and provided inaccurate information about learners. They also failed to participate in planning, record keeping, learner progress and acted dishonestly with regards to learners’ work
• bombarded a learner with personal texts, calls and picture messages which included sexualised and inappropriate comments
• acted as a confidant to a learner aged under 16 and, once emotional dependency was established, they began a sexual relationship
• sent an abusive email to a prospective employer after they were unsuccessful at a job interview
• shared personal information with a learner and discussed other learners as well as colleagues whilst conducting a sexual relationship, often in the registrant’s own home
• purchased alcohol for learners and exchanged a large number of inappropriate messages with them via a range of social media applications, telling them always to delete them
• visited a learner and their parents at their home on a number of occasions without any legitimate reason or authority. This was in order to gain their trust and a way of being able to develop a relationship with the learner
• socialised with learners (in a learner’s bedroom), and drank alcohol with them during an educational trip

Further support

We offer presentations which focus on fitness to practise and the Code. If you or your employer would like to arrange one in the workplace, please contact us.

Download  Good practice guide: Being open and honest as an education professional

Introduction

The character traits of honesty and integrity are likely to be amongst the highest on the list of those expected of professionals. They are basic principles simply because each act of honesty and openness builds an impression of someone who can be trusted, respected, and set a positive example.

When you became a practitioner, you committed to behaving with openness and honesty in your profession, and where appropriate, personal life. That said, it is not always easy to get this right every time, and to sometimes accept you have made mistakes and take responsibility. But a professional should be driven by wanting to do the right thing, even in difficult circumstances, and learn from any mistakes.

This guide aims to help raise your awareness and understanding of key areas of your professional and personal life where openness and honesty is expected.

This is not regulatory or mandatory guidance. Scenarios have been included to help you think about and explore some of the issues which might arise, and how our advice might apply. We have also included examples of unacceptable practices where professional boundaries have clearly been crossed.

The Code

All Education Workforce Council (EWC) registrants are subject to the Code of Professional Conduct and Practice (the Code) which sets out the key principles of good conduct and practice for registrants. This guide should be read in conjunction with the Code.

The principles and expectations in the Code are all relevant to honesty an openness. In this guide, however, we particularly highlight:

2. Professional Integrity

Registrants:

2.1 are accountable for their conduct and professional competence
2.2 behave honestly, and with integrity, particularly with regard to:

• finances and funds in the workplace
• personal credentials, experience, and qualifications
• references, declarations made, and signing documents
• assessment and examination related tasks
• use of property and facilities provided by their employer
• communications with the EWC, informing it of any recordable criminal conviction or caution, or restriction placed on their practice by any other body
• their employer, and report any matter which is required by their terms and conditions of employment

2.3 handle information and data appropriately, applying the necessary protocols to matters relating to confidentiality, sensitivity, and disclosure
2.4 adhere to lawful standards of behaviour, in a manner in keeping with their position as a member of the education profession

Professional integrity is a key principle of the Code. The Code as an important point of reference. Think about the five key principles and the expectations they place upon you. The Code will help you make the right decisions when faced with the challenges covered in this guide.

The Code is available on our website.

Fitness to Practise Committees appointed to decide whether a registrant has breached the Code will consider more positively those who admit their mistakes, show insight, and a motivation to put things right for the future.

Accountability

There are a number of different areas of life where your honesty and openness as a professional is expected.

Ethically

The public expects you to have a moral code that guides your behaviour, and to understand what is right and wrong with regards to your conduct.

Contractually

Your contract of employment sets out your employer’s expectations of you, including your responsibility to adhere to workplace policies and procedures.

Professionally

Your colleagues, learners, young people, parents, carers, and the public expect you to behave professionally and be accountable for your conduct.

Legally

Not only are you expected to be law-abiding, but also to comply with legislation and national guidance which may be relevant to your work. For example, the Wales Safeguarding/Child Protection Procedures, GDPR, Health and Safety.

Mistakes are a normal part of everyday life and are important for personal and professional growth. Admitting them is not always easy, especially if you are a professional and public expectation of you is already high. A mistake might feel like a failing, one which is hard to admit to anyone, and particularly to an employer or someone to whom you are answerable.

Intentional mistakes, on the other hand, often require forethought and planning, and can demonstrate wilful and deceitful behaviour.

Whatever the circumstances, hiding a mistake which reflects on you professionally can cause far more problems than the error itself, not least because trust and respect in you may be lost if someone else finds out. It is better to be honest, and admit a mistake quickly.

Here’s our advice:

• before doing anything, keep calm and assess what’s happened
• accept responsibility
• think about how you can rectify the problem, and put things right if it’s appropriate
• explain what has happened to the person who will need to know, what you have done to resolve it, or how you will
• if you need to apologise, do so as soon as possible
• try and learn from what has happened, and change something for the future

Fear that being honest might put your job at risk, or make a difficult situation at work worse could stop you from being open and honest. Maybe you left admitting to a mistake for too long, or you simply did not know how to deal with it at the time. You may have panicked and tried to hide it and now it is even harder to come forward and take responsibility.

If something has happened which, if it were found out, could compromise the trust placed in you as a professional, telling someone at the earliest possible stage should not be underestimated. Ask for help to make sense of what has happened from someone you trust, and find a way to be honest with the person who needs to know. Your union may also be able to offer you the support you need to do so.

Remember, as a professional, your learners and young people, and those involved in their education and training will look to you for the example of how to behave. The Code expects you to be accountable for your conduct, and there is no area more important than your honesty.

Breaches of the Code

The examples below are illustrative of cases where registrants (from all the registrant categories), have significantly failed to be open and honest when required, and were subject to EWC disciplinary proceedings as a result.

In all cases, there has been a clear breach of the Code and the registrants received a range of disciplinary sanctions including, in some cases, being prohibited from practicing in the education workforce in the future.

Each registrant was found to be dishonest and lacking integrity. They failed to admit their mistakes, even to the EWC.

A registrant:

• spent £500,000 from school funds on online gambling whilst a headteacher resulting in a criminal conviction and a prison term
• failed to declare their criminal record, including offences which carried periods of suspended imprisonment, when applying for EWC registration
• denied having a sexual relationship with a pupil aged under 16, when in a position of trust as a teacher and a youth leader in a voluntary organisation
• impersonated a child online, and made serious allegations of sexual abuse against their line manager to a children’s charity
• lied about holding qualifications and grades which were a pre-requisite for a post when applying for the position of head of department
• failed to disclose their relationship with a sex offender which prevented their employer from carrying out a risk assessment
• corrected and added to GCSE Mathematics coursework in order to raise pupils’ marks and reflect better on the teacher
• falsified learners’ review forms and their signatures as well as falsified timesheets submitted to their employer
• provided a falsified Disclosure and Barring Service (DBS) certificate to a supply agency so as to suggest they had no criminal record, when that was not the case
• was dishonest about the reasons for their absences from work, and falsified NHS Trust hospital letters to suggest they were receiving treatment for a fabricated illness
• inflated learner numbers
• redacted a solicitor’s letter to enable their attendance at court as a character witness

Further support

We offer presentations which focus on fitness to practise and the Code. If you or your employer would like to arrange one in the workplace, please contact us.

Download  Good practice guide: Positive working relationships

Introduction

To provide the best outcomes for your learners and young people, it is important to:

• give time, care, and attention fostering positive relationships with them
• establish positive and professional relationships with parents and carers

This does not happen automatically and is not always easy, it takes time and effort.

This guide aims to help raise your awareness and understanding of building and maintaining positive working relationships, and what to do if things go wrong.

This is not regulatory or mandatory guidance. Scenarios have been included to help you think about and explore some of the issues which might arise, and how our advice might apply. We have also included examples of unacceptable practices where professional boundaries have clearly been crossed.

The Code

All Education Workforce Council (EWC) registrants are subject to the Code of Professional Conduct and Practice (the Code), which sets out the key principles of good conduct and practice for registrants. This guide should be read in conjunction with the Code.

The principles and expectations in the Code which refer to positive working relationships are:

1. Personal and Professional Responsibility

Registrants:

1.5 are mindful of their professional responsibility for the health, safety, and wellbeing of colleagues and themselves
1.6 demonstrate a commitment to equality and diversity

2. Professional Integrity

Registrants:

2.1 are accountable for their conduct and professional competence

3. Collaborative Working

Registrants:

3.1 respect, support, and collaborate with colleagues, learners, young people, and others to achieve the best learning outcomes
3.2 share experience and knowledge to help themselves and other practitioners develop and maintain best practice
3.4 communicate appropriately and effectively with all involved in the education of learners and young people

4. Professional Knowledge and Understanding

Registrants:

4.4 where necessary, seek support, advice, and guidance, and are open to feedback, responding to it positively and constructively

The Code is an important point of reference. Think about the five key principles and the expectations they place upon you. The Code will help you make the right decisions when faced with the challenges covered in this guide.

The Code is available on our website.

Positive and professional relationships with colleagues

As with any workplace, your colleagues will have a range of roles, different personalities, and working styles, and it is important to value and respect their varying approaches to their work. Remember, there is as much diversity amongst registrants as there is amongst learners and young people.

In developing positive relationships with your colleagues, it is helpful to think about their expectations of you. Just as learners and young people need to know what is expected of them, you also need to know what is expected of you as a registrant and a colleague, as you build and maintain those working relationships.

There are many important characteristics of a positive and professional working relationship. These include the following, which are not mutually exclusive.

Mutual respect

Few people thrive in a bullying, aggressive work atmosphere, where they are rarely praised and regularly criticised.

Having respect for colleagues is an essential part of a good relationship. The realities of the workplace mean that you will often come into contact with people from a far more diverse range of backgrounds than you perhaps would in your private life. The simplest, most effective way of showing respect is to encourage open communication and feedback, which send the message that all views are equally valid.

It is then important to listen to the views of your colleagues and be prepared to explore viewpoints that may differ from your own. Learn to accept and celebrate differences and try to maintain a professional and courteous manner at all times by:

• treating your colleagues in a respectful and empathetic way
• treating your colleagues equally no matter their race, religion, gender, age, or sexual orientation
• never insulting your colleagues, even if you think it is just a joke or ‘banter’
• avoiding personalising issues
• being aware of your body language, tone, and demeanour
• not constantly criticising your colleagues over the little things, or belittling, demeaning, or patronising them
• being mindful that a series of seemingly trivial actions, added up over time, may be considered as bullying

Open communication

Open communication in the workplace is very important. It allows people to express ideas freely without fear of criticism.

Do not be afraid of feedback. Listen and learn from it to become a better practitioner and colleague. It is important to remember effective communication is everybody’s responsibility and is about more than just exchanging information. It is also about understanding the emotion and intentions behind the information.

Good communication skills will help you to connect with your colleagues effectively, build trust and respect, and feel heard and understood.

Empathy

Empathy means understanding others by taking a genuine interest in them and their concerns.

Showing your colleagues compassion, selflessness, and being non-judgmental are key factors to developing empathy.

Trust

All good relationships are built on trust. Trust is established by maintaining good conduct and practice.

Take responsibility for your mistakes, rather than casting blame on someone or something else. Integrity is central to trust. Be fair and honest in all your dealings with others.

Share resources, information, and learning with colleagues and resist the temptation to gossip.

Interpersonal skills

Interpersonal skills in the workplace are generally related to an employee’s ability to get along with others whilst getting the job done. They include everything from communication and listening skills to attitude and demeanour.

Communication is more than just an exchange of information. It is important to be clear, calm, and focused as well as polite. Remember, it is not just what you say that is important, but how you say it. Think about your eye contact, body posture, and body movement.

Assess each situation and be prepared to adjust your verbal and nonverbal communication to fit.

Appreciate others

Genuinely show your appreciation when colleagues help you. Everyone likes to feel appreciated and that they are making a worthwhile contribution. Identifying, acknowledging, and celebrating the achievements of colleagues, no matter how small, can have a significant impact upon their self-esteem. A little genuine praise can go a long way to developing good working relationships.

Listening skills

A good listener will not only listen to what is being said, but also note what is left unsaid, or only partially said. Poor listening skills mean that messages can be misunderstood or misinterpreted.

No job comes without problems. Ignoring problems in the hope they might go away is not a solution. Where possible, listen to colleagues and reflect on the impact any decision will have on them and/or the learners and young people.

Effective negotiation helps to resolve situations where what one person wants may conflict with what another wants. Ideally, it is best to find a solution that is acceptable to all parties. Identifying common goals and being willing to compromise will normally result in an effective solution.

Be assertive

This means expressing yourself effectively and standing up for your, or another’s, point of view without being aggressive or inconsiderate to others. Recognise that not everybody is naturally assertive, and often people are not confident enough to express themselves in the workplace.

As with any relationship, it takes time to build positive relationships with your colleagues. Remember to always act professionally, and value, respect, and work with your colleagues. You will then be well on your way to developing positive and supportive relationships with your colleagues to the benefit of your working environment.

What to do if things go wrong

Naturally, there are times when professional relationships do not develop as intended or hoped, or perhaps a specific relationship suffers some setbacks. It is important to recognise and remedy these situations as soon as possible before the problems become entrenched and impossible to resolve.

For example, sometimes, relatively trivial things can become a source of conflict and lead to resentment. It is important that you try and identify tension at an early stage and respond quickly. This may include addressing and managing your own behaviour. Prompt, proactive intervention can frequently prevent longer term breakdown in relationships, even if it means having to ask for support from others, for example, by means of mediation.

Bullying and harassment

Bullying is behaviour which is intended to undermine, humiliate, denigrate, or injure the recipient.

Bullying can have a devastating effect on the victim and seriously impact their health and mental wellbeing. It is best dealt with at the earliest stage possible and, if you consider yourself to be a victim, you may need to seek support, perhaps from another colleague, your manager, or a union representative.

It may help you to keep a diary record of the behaviour and to refer to your employer’s bullying policy for further guidance.

Sexual harassment

Sexual harassment can be defined as behaviour which makes a person feel distressed, intimidated, or offended, and the behaviour is of a sexual nature. Sexual harassment is not about fun or friendship, but about abuse of power. Sexual harassment can include:

• sexual comments, innuendo, or jokes
• physical behaviour, including unwelcome sexual advances, touching, and ‘accidentally’ brushing up against you
• questions or comments about your personal life
• promises or threats concerning employment conditions in return for sexual favours

Again, if you consider yourself to be a victim of such treatment, you should alert your employer (line manager or HR representative) and/or your union representative if you are a member of a trade union.

Breach of the Code

The examples below are illustrative of cases where registrants (from all the registrant categories), have been subject to EWC disciplinary proceedings as a result of them failing to maintain appropriate, professional relationships with colleagues.

In all cases, there has been a clear breach of the Code and the registrants received a range of disciplinary sanctions including, in some cases, being prohibited from practicing in the education workforce in the future.

A registrant:

• behaved inappropriately both verbally and physically with a number of colleagues which included bullying and sexual harassment. The behaviour resulted in a serious breach of trust and confidence
• bullied and harassed a colleague by making sexualised comments in front of other colleagues and learners which the registrant justified as ‘only banter’
• violated policies and procedures by discriminating against a disabled colleague
• demonstrated homophobic discriminatory behaviour against a colleague who was a member of the LGBTQ+ community
• inappropriately touched a colleague on a work night out
• behaved in an unprofessional way towards colleagues which included losing their temper, shouting, and swearing at staff, making derogatory and sexist remarks
• bullied and intimidated staff in relation to the school’s performance against the national literacy and numeracy tests
• committed fraudulent acts with learners’ work and sought to blame and implicate other colleagues, even though they were a senior leader
• used foul and abusive language towards a colleague over a work dispute, and threatened physical violence
• failed to follow management instructions, sought to mislead colleagues, and provided inaccurate information about learners. They also failed to participate in planning, record keeping, learner progress and acted dishonestly with regards to learners’ work

Further support

We offer presentations which focus on fitness to practise and the Code. If you or your employer would like to arrange one in the workplace, please contact us.