Teachers can face SACE discipline for off-duty conduct. What counts

Teachers registered with the South African Council for Educators (SACE) can be disciplined for serious misconduct that happens after hours and away from school, the council said this week (The Post).

SACE named fights, threatening people on social media and driving under the influence of alcohol as examples of behaviour that can put a teacher's career at risk (The Post).

Can SACE really act on what a teacher does off duty?

Yes. SACE's own guidance says it has jurisdiction over all professional matters, including those that happen outside school premises and outside working hours, but that "reasonableness in these matters will be exercised" (SACE FAQ).

The rule is not new. The Code of Professional Ethics requires every registered educator to behave in a way that "does not bring the profession into disrepute" (SACE Code of Professional Ethics). This week's statement is a reminder that the duty does not end at the school gate.

What conduct does the code cover?

Among other things, the code says an educator must refrain from:

• malicious communication and cyberbullying on social media
• illegal activities
• racist comments and unfair racial discrimination
• using or having alcohol, drugs or other unauthorised substances on school premises or while on duty
• keeping dangerous weapons at school without written permission from the employer
• sexual harassment of colleagues, or sending them unsolicited sexual messages or pornographic material

(SACE Code of Professional Ethics)

Any sexual or romantic relationship with a learner at any school is forbidden, whether the educator is school-based or office-based (SACE FAQ).

What can happen to a teacher found guilty?

After a hearing, SACE can impose one of three sanctions: a caution or reprimand, a fine of up to one month's salary, or removal from the register for a set period, indefinitely or on conditions (SACE disciplinary procedures).

While a case is pending, SACE can ask the employer to suspend the teacher immediately if that is in learners' interests (SACE disciplinary procedures). SACE's decision is final.

A teacher can also be charged by their employer under the Employment of Educators Act for the same incident. SACE says being charged by both is possible (SACE FAQ).

Who can lay a complaint, and how?

Anyone can lodge a complaint with SACE, not only parents or colleagues (SACE FAQ). Every reported case is investigated, with witnesses interviewed and documents checked. SACE warns that people who make false accusations can be prosecuted.

An accused teacher may be represented by an attorney, an advocate or a union representative, at their own cost. SACE's head office in Centurion can be reached on 012 663 9517 (SACE).

Do the unions agree?

They are split. The Educators Union of South Africa rejects the stance; its president, Scelo Bengu, said teachers have "a life outside of education" and should not be charged for something like swearing at a tavern (The Post).

Naptosa supports it. Spokesperson Thirona Govender said it is a workplace rule in many sectors and that courts have reinforced it (The Post).