Final Report On Research Trends Analysis Of A 5 Year Review . - Sace
FINAL REPORT ON RESEARCH TRENDS ANALYSIS OF A 5 YEARREVIEW STUDY ON DISCIPLINARY CASES REPORTED TO SACE
Table of ContentsDRAFT RESEARCH TRENDS ANALYSIS OF A 5 YEAR REVIEW STUDY ON DISCIPLINARY CASESREPORTED TO SACE . 1LIST OF FIGURES . 6ACRONYMS . 7EXECUTIVE SUMMARY . 91. OVERVIEW OF THE RESEARCH TRENDS ANALYSIS OF A 5 YEAR REVIEW STUDY ONDISCIPLINARY CASES REPORTED TO SACE . 111.1 INTRODUCTION. 111.2 LEGISTATIVE AND POLICY FRAMEWORK . 12The South African Schools Act (SASA), 1996 (Act 84 of 1996); . 121.3 LITERATURE REVIEW . 131.3.1 Global outlook in teacher disciplinary challenges . 131.4 SACE DISCPLINARY REPORTS. 161.5 SACE PREVIOUS RESEARCH STUDY DEVELOPMENTS . 161.6 MATTERS FOR CONSIDERATION. 172. RESEARCH METHODS AND DESIGN . 182.1 RESEARCH METHODOLOGY . 182.2 RESEARCH DESIGN . 192.3THE EMPIRICAL INVESTIGATION PROCESS. 192.4 SURVEY LIST DESIGN. 192.5 RELIABILITY AND VALIDITY OF THE SUPPLIED INFORMATION. 222.5.1 Reliability. 222.5.2 Validity . 222.6 THE PROVINCIAL REPORTING PROFILE OF DISCIPLINARY CASES . 223. ANALYSIS OF QUANTITATIVE RESEARCH FINDINGS. 253.1 THE ANALYSIS AND INTERPRETATION OF THE EMPIRICAL DATA . 253.2 PROVINCIAL TRENDS ON REPORTED CASES . 253.3 TYPE OF INSTITUTIONS/SCHOOLS OF CASES SURVEYED . 263.4 INSTITUTIONAL/SCHOOL TYPE (PUBLIC ORDINARY SCHOOLS) . 273.5 NUMBER OF ACCUSED ON CASES SURVEYED. 283.6 GENDER OF ACCUSED REPORTED DISCIPLINARY CASES . 293.7 GENDER OF ACCUSED BY PROVINCES . 103.8 AGE OF THE ACCUSED . 293.9 POSITION OF ACCUSED . 324. SUMMARY OF FINDINGS IN REPORTED DISCIPLINARY CASES TO SACE . 374.1 INTRODUCTION. 374.2 THE SUMMARY OF HIGHLIGHTED OFFENSES . 374.3 OFFENSES COMMITTED BY EDUCATORS . 414.4 OFFENSES COMMITTED BY HoDs . 434.5 OFFENSES COMMITTED BY LEARNERS. 454.6 OFFENSES COMMITTED BY NON-ACADEMIC STAFF . 454.7 OFFENSES COMMMITTED BY UNSPECIFIED INDIVIDUALS . 464.8 OFFENSES COMMITTED BY EXTERNAL MANAGEMENT. 474.9 OFFENSES COMMITTED BY PRINCIPAL/DEPUTY . 484.10 OFFENSES COMMITTED BY SGB MEMBERS. 494.11 CONCLUSION. 505. OFFENSES COMMITTED BY INSTITUTIONAL TYPE . 505.1ABET INSTITUTION RELATED OFFENSES . 512
5.2HIGH SCHOOL RELATED OFFENSES . 515.3 INTERMEDIATE/COMBINED SCHOOLS RELATED OFFENSES . 535.4 OTHER/UNSPECIFIED INSTITUTIONS/SCHOOLS RELATED OFFENSES . 545.5 PRE-PRIMARY SCHOOLS RELATED OFFENSES . 555.6 PRIMARY SCHOOLS RELATED OFFENSES . 565.7 SPECIAL NEEDS SCHOOLS RELATED OFFENSES . 575.8TECHNICAL SCHOOLS RELATED OFFENSES . 585.9 CONCLUSION . 606. DETAILED ASSESSMENT AND ANALYSIS OF ASSAULT AND SEXUAL OFFENSES BASED ON THEAGE OF THE OFFENDER . 616.1 ASSAULT AND SEXUAL OFFENSES BASED ON THE AGE OF THE OFFENDER . 616.2PROVINCIALLY REPORTED DISCIPLINARY CASES . 456.3THE TIME REQUIRED TO CLOSE A CASE . 486.4NUMBER OF CASES AND AVERAGE NUMBER OF DAYS . 496.5AVERAGE NUMBER OF DAYS TO CLOSE CASES . 506.6REPORTED CASES OUTCOMES AND SANCTIONS. 506.7 EDUCATOR OUTCOMES AND SANCTIONS . 716.8HEAD OF DEPARTMENT OUTCOMES AND SANCTIONS . 726.9 NON-ACADEMIC STAFF OUTCOMES AND SANCTIONS . 726.10 NOT SPECIFIED OUTCOMES AND SANCTIONS. 736.11 OTHER MANAGEMENT OUTCOMES AND SANCTIONS . 746.12 PRINCIPAL/DEPUTY OUTCOMES AND SANCTIONS . 746.13 SGB MEMBER OUTCOMES AND SANCTONS . 756.14 VARIOUS OUTCOMES AND SANCTIONS . 766.15 CONCLUSION . 767. FINDINGS AND RECOMMENDATIONS ON DISCIPLINARY CASES REPORTED TO SACE . 767.1 INTRODUCTION. 767.2 RESEARCH FINDINGS . 767.3 RESEARCH RECOMMENDATIONS . 86Bibliography . 883
LIST OF TABLESTable 1: Total number of Educators provincially in 2014 . 15Table 2: Number of Reported Disciplinary cases by provinces 2008-2012. 23Table 3: Institutional/School type of Reported Disciplinary cases from 2008-2012 . 27Table 4: Number of Accused Reported Disciplinary cases . 29Table 5: Gender of Accused Reported Disciplinary cases . 30Table 6: Gender of accused provincially . 10Table 7: Age of the accused from 2008-2012 . 29Table 8: Percentage age of the accused . 30Table 9: Offenses type by Age category . 31Table 10: Position of the accused. 33Table 11: Offenses type per position . 34Table 12: number of highlighted offenses of Reported Disciplinary cases . 37Table 13: Percentage of offenses committed . 38Table 14: Offenses committed by educators . 41Table 15: Offenses committed by HoD’s . 43Table 16: Offenses committed by learners . 45Table 17: Offenses committed by Non-Academic staff . 45Table 18: Offenses committed by unspecified individuals . 46Table 19: Offenses committed by external management. 47Table 20: Offenses by Principal/ Deputy . 48Table 21: Offenses committed by SGB members. 49Table 22: ABET institutions offenses . 51Table 23: High School related offenses . 51Table 24: Intermediate/Combined school related offenses . 53Table 25: Other/Unspecified institutions/ schools related offenses . 54Table 26: Pre-Primary school related offenses . 55Table 27: Primary School related offenses . 56Table 28: Special needs school related offenses . 57Table 29: Technical schools related offenses. 59Table 30: Age range of offenders . 61Table 31: Provincially reported disciplinary cases . 45Table 32: Assessment and challenges of supplied on reported disci . 48Table 33: Number of cases and average number of days to resolve the . 49Table 34: Average number of days to close cases . 50Table 35: Absenteeism . 50Table 36: Assault of Learner/ Colleague (includes corporal punishment) . 52Table 37: Financial Misconduct: Fraud/Mismanagement (includes theft) . 54Table 38: Fraud (including exam fraud, fraudulent qualifications and ‘dishonesty’. Excludes financialfraud) . 56Table 39: Harassment, Victimization, intimidation, humiliation of learner or colleague . 58Table 40: Improper Labour Relations ( including unfair treatment, discrimination and racism) . 59Table 41: Other N.E.C. or Not Stated . 60Table 42: Poor Performance ( including mismanagement, improper process in promoting/expellinglearners . 62Table 43: Sexual Misconduct: Assault/Abuse/Rape . 63Table 44: Sexual Misconduct: Improper/Sexual relationships with the Learner . 65Table 45: Unprofessional Conduct: General Misconduct . 67Table 46: Unprofessional Conduct: Insubordination . 684
Table 47: Case outcomes . 70Table 48: Educator outcomes and sanctions . 71Table 49: Head of Department outcomes and sanctions . 72Table 50: Non-Academic staff and sanctions . 72Table 51: Not specified outcomes and sanctions . 73Table 52: Other Management outcomes and sanctions. 74Table 53: Principal/Deputy outcomes and sanctions . 74Table 54: SGB member outcomes and sanctions. 75Table 55: Various outcomes and sanctions . 765
LIST OF FIGURESFigure 1: Ritzer’s micro-macro levels of social analysis. 18Figure 2: Number of Reported Disciplinary cases by provinces 2008-2012. 24Figure 3 Number of Reported Disciplinary cases provincially . 26Figure 4: Gender of Accused Reported Disciplinary cases . 30Figure 5: Age of the accused graphically 2008-2012. . 30Figure 6: Percentage of offenses committed . 39Figure 7: Offenses committed by educators . 42Figure 8: Offenses committed by HoDs . 44Figure 9: Age range of reported offender . 626
ACRONYMSACRONYMSDESCRIPTIONCPTDContinuing Professional Teacher DevelopmentDBEDepartment of Basic EducationDHETDepartment of Higher Education and TrainingDoEDepartment of EducationECEastern CapeEEAEducators Employment ActISPFTEDSAIntegrated Strategic Planning Framework for Teacher Education & Dev. in SAETDP SETAEducation, Training & Development Practices Sector Education and TrainingAuthorityFETFurther Education & TrainingFSFree StateGETGeneral Education and TrainingGPGauteng ProvinceHoDHead of DepartmentHRHuman ResourceIQMSIntegrated Quality Management SystemsKZNKwa Zulu NatalLPLimpopoMPMpumalangaNAPTOSANational Professional Teacher’s Association of South AfricaNCNorthern CapeNSCNational Senior CertificateNEPANational Education Policy ActNWNorth WestPDProfessional DevelopmentPEUProfessional Educators UnionPEDProvincial Education DepartmentPFMAPublic Finance Management ActPGPProfessional Growth PlanSACESouth African Council for EducatorsSASASouth African Schools Act7
SADTUSouth African Democratic Teachers UnionSDASkills Development ActSGBSchool Governing BodySMTSchool Management TeamSPMDSStaff Performance Management and Development SystemTEDTeacher Education DevelopmentWCWestern CapeWSEWhole School Evaluation8
EXECUTIVE SUMMARYThe South African Council for Educators (SACE) serves as a statutory body for professional educators,which has an overall responsibility to regulate, support and develop the teaching professionfraternity in South Africa. In advancing this noble obligation SACE has embarked on a research studyto review the disciplinary cases over a period of five years to determine the impact of this scourge.This research was conducted as a sequel to the previous study which only focused on a two yearstudy trend from 2008 to 2009. The current study is based on a five year trend analysis; the previoustwo year research study is also incorporated in this study and serves as an integral part of the entire5 year research study analysis. SACE supplied the research organization with all the relevantdocuments, information and files that captured the various reported incidents from the variouseducation departments across all the 9 provinces of South Africa on the reported disciplinary cases.SACE as a co-founder of AFTRA (Africa Forum of Teachers Regulatory Authorities) strongly believesthat its members should display professionalism that is above reproach and ethical at all times withunquestionable integrity. In an effort to accurately regulate and articulate this, SACE has alsoembarked on programmes like CPTD (Continuous Professional Teacher Development) that advocateand create awareness on professional behaviour and development of its members. Hence, it wasimperative to conduct a comprehensive follow-up research study that will inform SACE andstakeholders with a vested interest in education on the severity of disciplinary cases and theextensiveness of this problem, in order to address this matter appropriately, including possibleinterventions and strategies to be implemented as a way forward.A comprehensive and exhaustive list was compiled on the frequency and occurrence of thesedisciplinary cases and the duration it took to resolve them. Other factors were also taken intoconsideration in terms of the offenders’ age, gender and the leading provinces on reported cases. Thiswas done to monitor the geographical spread of these cases and the possible sanctions meted out bythe relevant authorities. The gathered information was divided into key sections and componentssuch as dominant provinces and the type of schools involved; the role and position of the perpetrator.9
These comprised the provincial departments, district location, quintile status of the school, type ofschool in terms of whether the school is a public or private institution; and whether the school islocated within the rural, urban or township areas.The final research outcomes should be used as a guide to inform all the relevant stakeholders aboutthe importance of sustainable interventions and solutions in the application of short-term, mediumterm and long-term strategies in investigating such misdemeanors. The findings andrecommendations should indicate the areas of where SACE should also assist by informing the DBEand DHET where to intervene and apply appropriate sanctions based on legal and profound policies10
1. OVERVIEW OF THE RESEARCH TRENDS ANALYSIS OF A 5 YEAR REVIEW STUDY ONDISCIPLINARY CASES REPORTED TO SACE1.1 INTRODUCTIONSACE has appointed Mabatimi Management Services (MMS) to facilitate a process of analyzing theresearch trends over a five-year period and to review study on disciplinary cases reported to SACEacross all the nine provinces where these disciplinary cases were reported. The aim of the project isto enable SACE to understand the reasons why these cases are committed and whether the sanctionsapplied fit the transgression.The initial process entailed the following: Incorporating the 2008-2009 report on disciplinary cases, Presenting preliminary findings of a detailed analysis of the review of the disciplinary casesreferred to SACE, Presenting the overall findings and recommendations, and a final report including input fromSACE.The main purpose of the research was to analyze the disciplinary cases reported to SACE and thedisciplinary sanctions applied thereafter, by including the duration taken in the completion of thesecases by SACE. The research outcomes must further contribute to CPTD strategies and interventionsthat enhance SACE’s capacity of dealing appropriately and promptly with the reported disciplinarycases.
The analysis on disciplinary cases reported to SACE must provide the following;DemographicsAccessibility the demographic and socio-economic factors contributing to different kindsof misconduct cases; the accessibility of SACE for the reporting of such cases;Effectiven SACE’s effectiveness and efficiency in dealing with cases;essUnderreportingCooperation the reasons for under-reporting of cases in certain provinces; and the cooperation, or the lack thereof, from some provincial departments ofeducation.The study further investigates the challenges of various schooling institutional types and locations,in terms of rural, township and urban spread.1.2 LEGISTATIVE AND POLICY FRAMEWORKThe following legislation and policies were insightful and informative in conducting this researchreport:The South African Schools Act (SASA), 1996 (Act 84 of 1996);Bill of Human Rights Act (Republic of South Africa, 1996)The National Education Policy Act (NEPA), 1996 (Act 27 of 1996);The South Africa Constitution of 1996 (Republic of South Africa, 1996);Prevention of Family Violence Act (133 of 1993);12
Employment Equity (EEA) Act 66 of 1995;Employment of Educators Act, 1998 (Act 76 of 1998);South African Council for Educators Act (Act 31 of 2000);Basic Education Laws Amendment Act (Act 15 of 2011);Public Service Act 103 of 1996;Labour Relations Act 66 of 1995;The Criminal Law (Sexual Offenses and Related Matters) Amendment Act 29; andCriminal Law (Sexual Offenses and Related Matters) Amendment (Act 32 of 2007).1.3 LITERATURE REVIEWThe literature review process took cognizance of the available information on disciplinaryeducational reports, policy documents, periodicals, journals and literature on educator/teacherdisciplinary processes and initiatives; most of these policies were aimed at enforcing and instillingdiscipline and served as guidelines to educator disciplinary measures and processes.The main reason for this research was to monitor and evaluate the level of disciplinary measuresundertaken by schools/ institutions when these disciplinary cases are reported and the speed ordelay at which these disciplinary cases were reported and resolved. The research was further aimedat determining the level of schools/institutions in shaping, designing and complying with thedisciplinary procedures for educators/lecturers in the schooling and college sector to be totally inline with the Constitution of South Africa and all the relevant laws that govern education. The initialresearch process was largely conducted through applying a desktop research and quantitativemethod approach.1.3.1 Global outlook in teacher disciplinary challengesLack of teacher accountability in India has its roots in teachers’ own vehement demands for acentralized education system which shelters them from disciplinary action by local managers andcommunities. School principals lament that they have no powers over teachers nor do other tm) accessed onthe 24/08/2015.13
Teacher absenteeism is one of the most serious forms of corruption in education. While there aremany valid reasons for a teacher to be away from the classroom, some absences are clearlyillegitimate, such as when teachers ‘moonlight’ – working elsewhere when they should beteaching. Even official absences may be the cause of inefficiency or corruption upstream. In manycases officials rely on teachers for election campaigning. Regardless of the reason, the system isfailing the child
study trend from 2008 to 2009. The current study is based on a five year trend analysis; the previous two year research study is also incorporated in this study and serves as an integral part of the entire 5 year research study analysis. SACE supplied the research organization with all the relevant
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