It’s been about two years now since the new Code of Professional Conduct came into effect. How does the Code compare to the previous one in terms of teachers’ obligations to their teaching colleagues? Read on.
Old Code
The most significant changes made, effective January 1, 2023, pertained to the former sections 13 and 14 of the ATA Code of Professional Conduct (the old Code). These sections read:
In relation to colleagues
13 The teacher criticizes the professional competence or professional reputation of another teacher only in confidence to proper officials and after the other teacher has been informed of the criticism, subject only to section 24 of the Teaching Profession Act.
14 The teacher, when making a report on the professional performance of another teacher, does so in good faith and, prior to submitting the report, provides the teacher with a copy of the report, subject only to section 24 of the Teaching Profession Act.
These provisions required teachers to raise concerns with their colleagues directly first, and only after taking that step could they then raise their concerns with persons deemed to be proper officials (those in a line position of authority relative to their colleague). In other words, if Teacher A felt Teacher B engaged in unprofessional conduct, Teacher A had to speak with Teacher B before taking any other steps.
Similarly, for written communications or statements that were critical of a colleague’s teaching performance or reputation, teachers were required to provide their colleague with a copy of the communication before it was sent to a teaching colleague. It was not sufficient to simultaneously send a copy to both their colleague and to proper authorities; rather a gap of time between the transmission of each copy was required to allow the colleagues to find a resolution before raising the concern with officials in a line position of authority.
New Code
The new Code addresses these same issues under section 3:
3 In relation to colleagues, the teacher or teacher leader shall
(b) not criticize the professional competence or professional reputation of another teacher or teacher leader, except (i) in confidence to appropriate officials, or
(ii) in making a complaint about the alleged unprofessional conduct or alleged professional incompetence of a teacher or teacher leader under the Act
In effect, the new Code removed the requirement to speak with a colleague first or provide a colleague with the first copy of correspondence critical of them. So, can a teacher openly criticize their colleague without consequence? It’s not that simple.
What to consider before making a complaint or criticism
While you are no longer required to do so, addressing an issue with your teaching colleague first remains the best practice in most cases.
Issues between colleagues have a better chance of being quickly resolved through dialogue between the parties. Further, not addressing concerns directly with a colleague—for example, by communicating a criticism only to a proper official—would likely have an adverse impact on the collegial relationship. Of course, exceptions are appropriate in certain contexts, such as where the complainant has been physically or sexually intimidated or harassed by a colleague and would feel unsafe raising the matter directly with them.
It should also be noted that the new Code obliges teachers “to report to the Commissioner the conduct of another teacher or teacher leader who is alleged to cause or have caused psychological, emotional, physical or sexual harm or abuse to a student.” This is in addition to other reporting required by law.
In any case, complaints about a colleague must be made in good faith. Teachers should not pursue the discipline or dismissal of another teacher or teacher leader because of animosity or for personal advantage.
Support and advice
Before making a criticism or complaint about a colleague, teachers are strongly encouraged to discuss the matter with the ATA’s Teacher Employment Membership Support by calling 1-800-232-7208.
If you have received a complaint from the Alberta Teaching Profession Commission, contact the ATA’s Regulatory Affairs unit for support as soon as possible by calling 1-800-232-7208 or emailing regulatoryaffairs@ata.ab.ca.
