Facing allegations? IEU advice on how to keep your employment record blemish-free
As the number of formal investigations into alleged misconduct rises, employees find it harder to make a fresh start or justify a change of employer.
In Victoria, the sheer number of agencies involved in any formal process ̶ the Commission for Children and Young People (CCYP), Victorian Institute of Teaching (VIT), and various employer bodies such as Independent Schools Victoria and Catholic employers ̶ can give an individual the impression that everyone’s against you and that you’ll never work in education again.
Tasmania’s Reportable Conduct Scheme commenced operation this year. While on paper it avoids some of the worst pitfalls of Victoria’s ill-starred scheme, we are watching carefully to see how it operates in practice.
Whilst many will find a new job after enduring an allegation process, there’s no escaping the fact that there are multiple hurdles to jump when seeking new employment after something like a reportable conduct charge, regardless of whether the allegations are substantiated or not.
Once the (internal) school investigation has concluded, your employer may be obliged to refer the matter to VIT, and the process starts all over again.
VIT registration is rarely withdrawn summarily, so except in cases where they are perceived to represent a risk, most teachers retain the right to teach while under investigation. However, despite this skerrick of the assumption of innocence remaining, application and onboarding processes are very strict. It’s highly likely that you'll need to reveal any previous performance or conduct issues when seeking a new job.
This is the same when renewing your VIT registration in September each year.
Regardless of your individual circumstance, it is wise to reach out to the union to help you understand your rights and obligations regarding disclosure. There may be instances where the disciplinary process you participated in falls below the threshold of the required disclosure. In such cases, the task is to establish a narrative that explains your departure from your previous employer, which may have been abrupt or happened mid-term, in a way that will be confirmed during the reference checking process.
On this topic, remember that while you might omit your former principal from your list of referees, it is highly likely that a prospective employer will contact them. A simple ‘Would you re-employ this person?’ can seal your fate, regardless of the outcome of your investigation. So, by all means cite other senior school leaders on your CV, but it may be worth negotiating with your former Principal for some indication of a positive reference, or an agreement that they will refer reference calls to a Deputy.
Of course, if the school is legally required to disclose your case, there is little you can do. Your challenge then is how to mitigate the damage caused by the allegations against you and to reiterate your suitability to teach.
To do that:
be prepared and ready to explain your side of the story, including any important context and concerns around the process you were subjected to
consider how you can demonstrate that you have reflected on and learned from your experience, however challenging, unfair or unreasonable it may have been
point out your extensive experience and expertise in the years prior
draw on your networks, and those of friends and family, to circumvent formal application processes and secure employment through personal channels
apply for casual and short-term positions to get back into the classroom as soon as possible and create an alternative narrative about your recent employment (remember, “recency” rules!)
seek the assistance of a professional recruitment agency to ‘sell’ you to one of their employer clients.
It can take up to a year of hard work to re-establish your career, as you participate in relevant investigations and maintain the PD points and professional practice required for ongoing registration.
The process can take an emotional and physical toll, including on those around you. It will be particularly difficult if you have a child or children attending the school where you worked. Your kids’ peers will ask questions about your ‘disappearance’, so you’ll have to come up with a narrative for your children to use.
While IEU Organisers are good listeners and skilled problem-solvers, it's best to seek out a professional counsellor or psychologist to deal with issues like these. They can help you develop strategies to maintain your wellbeing and safeguard yourself and your family.
As you can see, there are many boxes to tick and bridges to cross along your journey to re-employment. Rest assured that the IEU is doing everything it can to streamline these processes and circumvent them altogether when they are used punitively by malicious employers.
We also provide guidance if you face such allegations and work with employers to ensure you can remain in the profession where possible.
Be strategic and smart throughout and hopefully an employer will see the bigger picture and recognise that you are a victim of a flawed system.