Who can lodge a disciplinary appeal?
It is open to the teacher/principal to appeal against the proposed disciplinary action.
- In the case of a sanction being imposed at Stage 1, the appeal will be to a nominee of the Board of Management.
- In the case of a sanction being imposed at Stage 2 and/or Stage 3 of these procedures, such an appeal will be heard by the Board of Management.
- In the case of a sanction being imposed under Stage 4 of the procedure, an appeal will be to a disciplinary appeal panel appointed by the Board of Management.
What is the timeframe for lodging an appeal?
An appeal has to be lodged within 10 school days of receiving the notification of the decision of disciplinary action.
On what grounds can a disciplinary appeal be taken?
- the provisions of the agreed procedures were not adhered to
- all the relevant facts were not ascertained
- all the relevant facts were not considered, or not considered in a reasonable manner
- the teacher concerned was not afforded a reasonable opportunity to answer the allegation
- the teacher concerned could not be reasonably expected to have understood that the behaviour alleged would attract disciplinary action
- the sanction recommended is disproportionate to the underperformance or misconduct alleged.
Who has responsibility for forming the Disciplinary Appeal Panel?
The Board of Management shall appoint a Disciplinary Appeal Panel which shall comprise:
- An independent chairperson from a panel nominated by the Minister for Education and Skills
- A representative of the recognised management body
- A nominee of the relevant teacher union.