LawSense Managing Student Behaviour and Avoiding Media Fallout

Searches, Investigations, Suspensions, Expulsions, Policies, Behaviour Outside School, Disability, Social Media, Bullying, Violence, Vaping & Media

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Program

SESSION ONE – 13 November 2024

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

Dr Mark Merry, Principal, Yarra Valley Grammar School

12.10    Navigating Rights and Obligations with Searches, Investigations, Suspensions and Expulsions

Legal Framework, Including Impact of Human Rights legislation and Potential Reforms

• Outlining key laws regarding student discipline and searches, investigations, suspensions and expulsions including:
  • duty of care
  • obligations regarding procedural fairness
  • enrolment contracts and school policies/codes of conduct
  • discrimination laws
  • education legislation
• Exploring proposed changes and directions in different states

Searches, Investigations, Referral to Police

• Exploring when investigations are required and key aspects to consider
• Navigating rights and obligations in taking or searching student belongings, phones or laptops based on suspicions
• Understanding when to refer matters to police and to what extent you should investigate beforehand

Suspensions and Expulsions and Students with a Disability

• Applying suspensions or expulsions to a student with a disability affecting behaviour

Complaints and Appeals

• Responding to complaints against suspensions or expulsions and examining avenues for the student/parents to appeal

Navigating Case Studies and Challenging Scenarios – Online Behaviour, Breach of School Values, Vaping, Drugs, Alcohol, Weapons

• Navigating suspensions and case studies in challenging scenarios including:
  • examining valid grounds for suspension
  • applying requirements for procedural fairness
  • examining your obligations during and after the suspension
  • documentation and record keeping – understand what aspects to cover and the level of detail required to ensure you protect your legal position
• Case study areas include:
  • sexting and breach of school values
  • vaping, drugs and alcohol
  • allegations of students “bullying” staff
  • student carrying knives or other potential weapons
• Understanding and managing key steps, requirements and pitfalls in expelling a student

Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)

1.10      Break

1.25      Developing and Updating Best Practice Behaviour and Discipline Policies

• Exploring different behaviour and discipline frameworks implemented in schools
• Examining what to have in a behaviour policy:
  • examining key areas to cover, including, standards, investigations, fairness and consequences
  • key elements, statements, procedures and processes
  • optimising the policy to protect the school from complaints, including with respect to procedural fairness
• Monitoring and assessing the performance or success of the policy
• Establishing the behaviour policy within the school community, including through implementation, communications and training
• Learning from the experiences of schools in managing discipline frameworks

Erin McCarthy, Partner, Piper Alderman

2.25      Closing Remarks

2.30      Event Close

SESSION TWO – 20 November 2024

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

Phillip Heath AM, Principal, Barker College

12.10    Student Bullying and Violence: Understanding Obligations to Identify Patterns of Bullying, Dealing with Issues Outside School and Learnings from Recent Cases

Outlining Key Obligations

• Outlining key laws applying to bullying and violence in schools, including:
  • defining bullying
  • duty of care
  • criminal laws and AVOs

Extent of Obligations to Manage Issues Outside School

Before and After School –Bus/Train Stops and Other Scenarios

• Understanding the extent of your liability in monitoring student transport and activity before and after school, including learnings from recent cases

Social Media

• Understanding the extent of a school’s obligations where student bullying occurs on social media, including:
  • assessing when social media activity outside school can increase legal risk and evolve into a situation a school should actively manage
  • examining the extent of a school’s rights and obligations to manage or respond to students on social media outside school
  • understanding duties where the bullying is from a student not from the school

Findings Against Schools Regarding Bullying Management – Where Have Schools Come Unstuck?

• Learnings from recent cases – how should schools approach multiple and repeated instances of bullying?  What is a school’s obligation to pro-actively identify patterns of bullying?
• Optimising note-taking and record keeping to protect your legal position, including time-saving approaches and tips

Leighton Hawkes, Principal, Insurance Division, McCabes Lawyers

1.10      Break

1.25      Responding Effectively to Community Concerns and Media Criticism to Limit Fallout – Learnings from Recent Case Studies

• Exploring how behaviour issues and a school’s response can evolve into a significant reputation issue for the school and school leaders involved
• Understanding the media “cycle”, including online media and how this informs assessment of potential reputation risk and response
• Exploring how reputational risks emerge, even where the school may not have failed in its legal duties or obligations
• Managing journalists and their requests for information
• Exploring strategies to influence or control the narrative to optimise accurate reporting or “turn a story around”
• Learning from recent school case studies – what responses have worked well and what not so well

Tracey Cain, Chief Executive Officer, H/Advisors APA

2.25      Closing Remarks

2.30      Event Close

Presenters / panelists include:

	Dr Mark Merry has had wide teaching and leadership experience in schools in both Victoria and Tasmania. Mark began his teaching career in 1985. He taught History and Legal Studies and has lectured in Educational Psychology and Classroom Management at the University of Tasmania. He holds a Bachelor of Education degree from Victoria College, a master’s in Educational Studies from Monash University and a Doctorate in Education from Latrobe University. Mark spent nine years as Deputy Principal in two schools before becoming Principal of Marcellin College in 2001 and Principal of Yarra Valley Grammar School in 2009.
	Ben Tallboys provides sector-specific, practical legal solutions to schools across Australia. Ben is a passionate and effective advocate for principals dealing with complex matters relating to parents, staff and students, as well as their own employment.
	Erin McCarthy has over fifteen years’ experience in providing advice to employers and employer associations on all aspects of occupational health and safety, employment and industrial relations law. Erin has extensive experience providing advice in relation to performance management, misconduct investigations and unfair dismissal claims, bullying, discrimination and harassment matters and occupational health and safety issues including risk management and policy development. As a part of our national team, Erin advises clients in all states and territories in Australia.
	Phillip Heath AM has been Headmaster of St Andrew’s Cathedral School, Sydney, Principal of Radford College ACT in 2009. He was made a Fellow of the ACT Branch ACEL in 2011 and in 2018 was awarded as a Member in the general division of the Order of Australia for his service to education and his commitment to creating greater opportunities for Indigenous students. Mr Heath was appointed as the Head of Barker College in 2014. Mr Heath has served on the NSW Board of Studies representing the Independent Sector (2000-2009) and is also a past National Chair of the Association of Heads of Independent Schools of Australia (2013-2015).
	Leighton Hawkes commenced his career in claims management and other technical roles with a major Australian insurance, working on claims for the NSW Treasury Managed Fund (TMF). Leighton has acted for schools and the NSW Department of Education for a significant number of years. Presently he acts in a diverse range of matters, including claims arising from public liability, property damage to NSW schools, historical sexual abuse, discrimination (employee and disability), and Coronial enquiries.
	Tracey Cain's specialty is communications strategy development and advisory roles with Boards and CEOs – applying 30 years of experience in a range of media and communications roles. Her expertise is in reputation risk and reputation management, particularly in the education and training, legal and litigation, not-for-profit and social policy sectors.

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