Allegations of bullying by the principal and board of trustees chairman at a major secondary school won't be investigated because the complaints were anonymous. Photo / 123RF
Allegations of bullying by the principal and board of trustees chairman at a major secondary school won't be investigated by the Ministry of Education because the complaints were anonymous.
Instead the letter of complaint was passed to Ministry of Education staff who discussed the contents with the principal at the centre of the allegations.
The principal referred all questions to the board of trustees chairman who said they could not comment because there were investigations underway.
The Herald has obtained copies of the letter, sent last year, and a second one sent to Minister of Education Chris Hipkins this year, signed by the "concerned teachers" of the school.
The letters raised concerns over alleged bullying by the principal and board chairman, loss of teachers, financial mismanagement, lack of support in dealing with problem students and altering of records.
In a reply to a request for the complaints letter from a staff member at the school, seen by the Herald, Ministry of Education sector enablement and support deputy secretary Katrina Casey said the letter was primarily a complaint about the actions of the school's principal.
"It includes very detailed information about their dealings and relations with staff at the school, their relations with the board and decisions they have made affecting students, staff and the school," Casey said in a letter. "As the letter was anonymous, the ministry is not undertaking a formal investigation, although the regional office has discussed its contents with the principal."
Casey told the Herald the ministry took all complaints seriously and that staff should not fear reprisals by being identified because there were ways to prevent that happening.
"Anonymous complaints are not ignored, however we cannot provide a response to a correspondent when name and contact details are not provided and an investigation is more difficult if we are not able to speak to people 'on record'."
Casey said when the principal was notified of the letter they confirmed they were aware of it.
"The principal advised us that, despite it being anonymous, the school would follow its complaints process and investigate/address the issues raised in consultation with NZSTA [New Zealand School Trustees Association].
"We confirmed that NZSTA were and are continuing to work with both the board and the principal in regard to the issues raised in the complaint. A number of the issues raised are employment matters which fall outside of our jurisdiction."
Casey said in most cases like this the first option should be to use the school's formal complaints process.
"If the complainant had made a formal complaint via the school's complaints process, their concerns would have had to have been investigated by the board of trustees.
"If the complainant felt that the board's investigation was deficient they could then raise the matter with the Office of the Ombudsman.
"Alternatively, staff may wish to take up HR-related issues with their union representative."
The personal grievance provisions in the Employment Relations Act or seeking assistance or representation from the complainant's union could provide additional protection.
She said the ministry discussed the letter with the principal to determine if the school required support to address any issues.
The ministry also offered assistance with the school's below national and regional average NCEA pass rates.
PPTA president Jack Boyle said the union could not comment on the case but the general principle that allegations should not be anonymous was well-founded, for the purpose of natural justice.
"However in circumstances where proper processes aren't followed, or there are other exceptional circumstances, anonymous allegations can be investigated under the Protected Disclosures Act," Boyle said.
"Teachers, like any other employees, have access to that if they require it in regards to serious issues in schools. The process for how to use this is something we're able to help our members with if they feel they need it."
National's education spokeswoman Nikki Kaye said matters involving serious allegations needed to be dealt with in a sensitive manner.
"I think what the ministry need to do in these situations is try to facilitate and support the people who have made the anonymous complaint in a safe way to provide further information.
"There is a balance here between natural justice but also ensuring people feel confident to come forward."
A spokesman for Minister of Education Chris Hipkins said he was aware of the complaint and that the ministry had been in contact with the principal to offer support.
"The minister encourages the staff member to raise their concerns with their union or the ministry."