guidelines for handling behaviors of primary and secondary school kindergarten teachers in guangdong province violated professional ethics

teachers of primary and secondary schools in guangdong province
guidelines for handling behaviors that violate professional ethics

        in order to further standardize the professional ethics behavior of primary and secondary school teachers in our province and protect the legitimate rights and interests of teachers and students, this guideline is formulated in accordance with the provisions of the "education law of the people's republic of china", "teacher law of the people's republic of china", "teacher qualification regulations", "opinions on strengthening and improving the construction of teachers' ethics and style in the new era", "ten guidelines for professional conduct of primary and secondary school teachers' professional conduct of primary and secondary school teachers' professional conduct of new era", "ten guidelines for professional conduct of kindergarten teachers' violations of professional ethics (revised in 2018), and "ministry of education on handling measures for handling measures for breaking professional ethics of kindergarten teachers' violations of professional ethics", and other documents, combined with the actual construction of the team of primary and secondary school teachers (hereinafter collectively referred to as primary and secondary school teachers) in our province, this guideline is formulated.

1. basic principles

        （1) adhere to the principle of "zero tolerance" for primary and secondary school teachers' violations of professional ethics. if primary and secondary school teachers violate professional ethics, they should be treated or punished according to the facts, nature and severity of the circumstances.

        （2) when handling behaviors that violate professional ethics, the principles of fairness and justice, combining education and punishment should be adhered to, so that the facts are clear, the evidence is conclusive, the qualitative is accurate, the handling is appropriate, the procedures are legal, and the procedures are complete.

2. behavior type

        the violation of professional ethics by primary and secondary school teachers refers to violations of the "ten guidelines for professional conduct of primary and secondary school teachers in the new era", "ten guidelines for professional conduct of kindergarten teachers in the new era", "the ministry of education on handling violations of professional ethics of primary and secondary school teachers (revised in 2018), and "the ministry of education on handling violations of professional ethics of kindergarten teachers in the new era", including:

        （1) words and deeds that undermine the authority of the party central committee and violate the party’s lines, principles and policies in education, teaching, education and education protection activities and other occasions;

        （2) violating laws and regulations, damaging national interests and public interests in society, or violating social public order and good customs;

        （3) promote or forward erroneous political views through childcare activities, classrooms, forums, lectures, information networks and other channels, and fabricate or deliberately disseminate false information or bad information;

        （4) refusing to obey the school's work arrangements without a legitimate reason, or perfunctory teaching and childcare work, neglecting duties, passively slacking off work, and unable to complete educational and teaching tasks; or engaging in part-time and salary behaviors that affect education and teaching work without authorization;

        （5) physical punishment and disguised corporal punishment of students, discriminate against, insult, abuse or harm students; those who have improper relationships with students, or have any form of indecent, sexual harassment, or sexual assault;

        （6) when encountering emergencies or facing dangers in education, teaching and childcare activities, they leave their posts without regard to the safety of the students and flee on their own;

        （7) those who commit favoritism and fraud in enrollment, examination, recommendation, performance appraisal, job hiring, professional title evaluation, awards, talent plans and project application, teaching and research, and enjoy special funding or subsidies given to individuals by the government;

        （8) those who have plagiarized, embezzled other people's academic achievements, forged and tampered with data and documents, fabricated facts, fabricated false research results and other academic misconduct;

        （9) request or accept property from students and parents or participate in banquets, travel, entertainment and leisure activities paid by students and parents; illegally sell books, newspapers, teaching materials, social insurance, or use parental resources to seek improper benefits;

        （10) organize and participate in paid tutoring, participate in the operation of off-campus training institutions, teach part-time at off-campus training institutions, or introduce students to off-campus training institutions and others, provide relevant information, or organize students to participate in performances, competitions and other activities for profit-oriented purposes;

        （11) other acts that violate professional ethics.

iii. applicable treatment

        （1) if the circumstances violate the professional ethics of teachers are minor, they will be given criticism and education, admonishment, orders for inspection, and criticism; if the circumstances are minor, they will be given a warning or a demerit; if the circumstances are serious, they will be given a punishment of lowering their post level or dismissal; if the circumstances are serious, they will be given a punishment of dismissal. if the employment contract or labor contract is required to be terminated, it shall be implemented in accordance with relevant regulations.

        （2) if the circumstances stipulated in article 19 of the "teacher qualification regulations" are constituted, the education administrative department at or above the county level shall revoke its teacher qualifications in accordance with the law.

        （3) those who are members of the communist party of china should also be punished with disciplinary sanctions in accordance with relevant regulations; those who are members of democratic parties or non-party members should also write to the united front work department of the party committee at the same level and the corresponding democratic party organs or relevant units.

        （4) those suspected of committing illegal crimes shall be promptly transferred to the relevant state organs for handling in accordance with the law.

4. processing and dismissing procedures

        （1) if primary and secondary school teachers are found to have violated professional ethics, they will generally follow the following procedures:

        1.the school or education authority shall promptly investigate, verify and collect evidence for violations of professional ethics (matters) that have been decided to accept in accordance with management authority. if a decision is made to enter the formal investigation, the teacher under investigation shall be notified.

        2.the school or education authorities collect and verify relevant evidence materials and form a written investigation report. during the investigation, the teacher's own statements and defenses should be heard, the relevant facts, reasons and evidence should be verified, and the teacher should be informed of the right to request a hearing.

        3.the school or education authority shall make a handling decision based on the facts identified by the investigation and determination, and shall clearly inform the parties of the relief channels. if a teacher is dissatisfied with the handling decision, he/she shall file a review or appeal in accordance with relevant regulations.

        （2) the handling of primary and secondary school teachers shall be lifted according to the handling decision authority and shall be lifted after the expiration of the period based on the performance of repentance.

        （3) the school should deposit the handling decision and handling cancellation decision into the teacher’s personal personnel file and enter it into the national teacher management information system.

v. supervision and accountability

        （1) municipal and county-level education administrative departments and primary and secondary schools and kindergartens should establish and improve a working mechanism for accepting and investigating and handling reports of teachers' violations of professional ethics, determine the responsible agencies for accepting, investigating, identifying, reviewing, and supervising teachers' violations of professional ethics, and clarify the corresponding work responsibilities.

        （2) if the school and the education authorities fail to perform or incorrectly perform the duties of building and conducting teachers' ethics and style, and if the following circumstances occur, the higher education administrative department shall, depending on the severity of the circumstances, seriously hold the main person in charge, the person in charge and the person in direct responsibility of the person in charge and the person in direct responsibility:

        1.the construction of long-term mechanisms for teachers' ethics and style and the supervision of daily education are not in place;

        2.if teachers violate professional ethics problems are not investigated in a timely manner;

        3.those who have found that teachers have violated professional ethics are ineffectively dealing with, improper methods, or refuse to punish, delay punishment, or shirk responsibility and conceal;

        4.the handling decisions that have been made are not implemented in place, the notification is not promptly, and the teachers’ violations of professional ethics are not thoroughly rectified;

        5.there have been many problems with teachers who violate professional ethics or have adverse social impacts due to teachers' violations of professional ethics;

        6.other dereliction of duty that should be held accountable.

        （3) if primary and secondary school teachers violate professional ethics, and the circumstances are serious or the social impact is great, the school and the education authorities should report to the higher education administrative department in a timely manner, strengthen communication and coordination with relevant functional departments, strive to eliminate adverse effects, and conduct self-inspection, self-correction and rectification and implementation.

vi. appendix

        （1) the primary and secondary school kindergarten teachers referred to in this guideline refer to teachers from ordinary primary and secondary schools, kindergartens, secondary vocational schools, special education institutions, youth palaces, local teaching and research departments, electronic education and other institutions, including teachers from private primary and secondary schools and kindergartens. if handling other personnel working in schools and educational institutions, they can refer to these guidelines.

        （2) matters not covered shall be implemented in accordance with relevant national and provincial management regulations. education administrative departments at or above the prefecture level should formulate a negative list and handling measures for violating professional ethics by primary and secondary school teachers in their regions based on local actual conditions, and report it to the provincial education department for filing.