Types of Teacher Misconduct

Teachers are held to high professional and ethical standards, both in their professional and personal lives. Allegations of misconduct, whether minor or serious, can have far-reaching consequences, affecting your career, reputation, and ability to teach.

Depending on the severity of the allegation, you may face internal disciplinary action, dismissal, or even referral to the Teaching Regulation Agency (TRA), which has the power to impose a prohibition order which could prevent you from teaching indefinitely.

With significant experience in regulatory law and professional disciplinary proceedings, we help teachers defend their reputation and safeguard their careers.

What is Teacher Misconduct?

Teacher misconduct refers to any behaviour that breaches professional standards and may result in disciplinary action, or referral to the Teaching Regulation Agency (TRA). Misconduct can occur inside or outside the school environment and may range from policy breaches to serious criminal offences.

There are two key categories of teacher misconduct:

Misconduct

Misconduct involves a breach of disciplinary rules but is not serious enough to justify immediate dismissal. Schools typically manage these cases internally through training or disciplinary action.

Gross Misconduct

Gross misconduct is a serious breach of professional standards that fundamentally damages the trust between a teacher and their employer. If proven, it may result in immediate dismissal (summary dismissal) and a TRA referral, which could lead to a Prohibition Order banning the teacher from working in education.

What Is Gross Misconduct?

Unlike general misconduct, gross misconduct is so severe that it may justify immediate (summary) dismissal without notice. In most cases, dismissal for gross misconduct will also lead to a referral to the TRA, which could result in a Prohibition Order preventing the teacher from working in education.

Examples of gross misconduct include:

• Theft from the school or colleagues
• Engaging in criminal activity
• Inappropriate conduct of a sexual nature
• Attending work while under the influence of alcohol or drugs
• Knowingly providing false information or documents
• Violating the school’s equal opportunities policies, including acts of discrimination or harassment
• Failing to uphold public trust and maintain professional standards inside and outside of school.
• Misusing the school’s email, internet, or other electronic systems
• Disclosing confidential information without authorisation
• Physical violence or aggressive behaviour towards staff, pupils, or parents
• Acting in a way that compromises the safety of colleagues or students.
• Serious safeguarding failures
• Misuse of authority
• Falsifying student records, coursework, or exam results.
• Persistent harassment, verbal abuse, or creating a hostile work environment.

When Does Gross Misconduct Lead to a TRA Investigation?

Most cases of gross misconduct will lead to a TRA investigation.

A referral to the TRA is likely when:

• The teacher has been dismissed for gross misconduct or resigned before disciplinary proceedings could be completed.
• The misconduct involves safeguarding concerns, such as failing to protect students from harm or breaching child protection policies.
• The teacher has committed a criminal offence, particularly one involving dishonesty, violence, sexual or behaviour that poses a risk to children.
• The behaviour has taken place outside of school but has damaged public confidence in the teaching profession.
• The misconduct raises concerns about the teacher’s ability to uphold professional standards, even if it does not involve direct harm to students.

Once a referral is made, the TRA will review the evidence and decide whether to open a formal investigation. If they proceed, the teacher may be required to respond to the allegations and could face a Professional Conduct Panel hearing, which may result in a Prohibition Order, preventing them from teaching.

How Can We Help?

At Clifford Johnston & Co., our specialist TRA Lawyers provide expert legal advice and strategic defence for teachers facing misconduct allegations before the TRA.

We have extensive experience in TRA investigations and hearings, providing teachers with the legal support they need to defend their careers and professional reputation. We provide clear, strategic advice to help teachers respond to allegations effectively and ensure their rights are upheld throughout. We can provide:

• Prepare written responses to allegations and notices of referral.
• Gather supporting evidence and witness statements.
• Challenge the case against you and identify weaknesses in the evidence.
• Represent you before the Professional Conduct Panel.
• Defend you against Interim Prohibition Orders and Prohibition Orders
• Advise on appeals, and TRA reviews.
• Support you in applying for the removal of a Prohibition Order

With offices in Manchester and Stockport, we represent teachers nationwide, offering a dedicated and proactive approach to defending against misconduct allegations. If you have been accused of gross misconduct, contact us today for expert legal advice and representation.

Frequently Asked Questions