Performance Management, Disciplinary Action and Termination of Service

Levels of punishment in accordance with the Code of Aid for Aided Schools or relevant Codes of Aid:
For relatively minor and isolated cases of misconduct, such as occasional lateness for duty, it may take the form of either a verbal or written warning.
For serious misconduct or criminal offences, the school may consider withholding the annual increment, suspending the teacher from normal duties, executing dismissal or summary dismissal.

In child sexual abuse case involving school staff, the paramount concern is the welfare of the child. The principal should consult Family and Child Protective Services Unit of the Social Welfare Department or the responsible Police unit as soon as possible and before interviewing the suspect.

If a teacher with suspected misconduct tenders resignation, without giving sufficient notice, he/ she should be required to pay an amount equivalent to his/ her salary of the number of insufficient days of notice. The amount is capped at the level of one months’ salary. Although the IMC may waive the payment of salary in lieu of notice in accordance with the provisions of the COA, the IMC must prudently consider whether the explanation given by the teacher concerned is justified. Otherwise, school should not waive his/her payment in lieu of sufficient notice.

An appeal mechanism should be in place whereby appeals are dealt with by the IMC/ SMC or a committee it appoints. Those involved in the appraisal, i.e. the appraisee and appraiser, should not serve on the committee.

The appraisal of teachers should focus on the performance and not the personality. Generally speaking, the appraisal should focus on the following items:
- teaching and teaching-related duties
- non-teaching duties
- professional and personal competence

All appraisal exercises should be documented. Schools should establish a filing system for keeping all staff appraisal records in line with the Personal Data (Privacy) Ordinance.

In the event that criminal proceedings are instituted against a staff member, regardless of whether the offence is committed during office hours and whether it is duty-related, the staff member is obliged to report the proceedings to his/ her employer (i.e. the school). If a staff member is convicted of an offence by the court, disciplinary action may be imposed on him/ her by the school in consideration of the seriousness of the offence. Besides, schools should report all suspected serious offence/ misconduct cases to the Education Bureau.

In cases where the teacher suspected of misconduct of criminal or non-criminal nature is under investigation, and it is possibly against the interest of the school and the safety of the students for him/her to continue to teach in the classroom and/or conduct school activities, schools should refer to the relevant sections of the Code of Aid and, in compliance with the relevant provisions in the Employment Ordinance, consider proper actions such as suspending the teacher from his/her normal duties. Such suspension should carry no presumption of guilt implied.