An Education Law perspective on educator misconduct and educator security

Abstract

Protective, as well as punitive legal measures applicable to education, are embedded in various acts. Despite these legal measures, incidences of educator misconduct occur at schools and often go unpunished. The implied situation, namely that the legal measures are not applied correctly, as well as the effect that educator misconduct has on educator security, is a cause for concern. This study is embedded in Education Law as the subject area and aimed to determine the effect of educator misconduct on educator security. Factors contributing to the phenomenon of non-punishment of educator misconduct were also investigated and determined. By utilising a qualitative research design and participants from a specific geographical area, a variety of findings have been made. The most important finding is that particular instances of educator misconduct has a detrimental effect on educator security which manifests on the physical as well as psychological levels of the participants in this study. Educator misconduct not only impacts educator security, but may also lead to a dysfunctional equilibrium, rendering schools ineffective. Some reasons for not applying legal measures include an unacceptably low standard of legal knowledge among employees, union involvement, ubuntu and the tribal hierarchy system. These reasons have, however, been found to be perfunctory. The deep-seated reason can be attributed to the quest for modernisation. Not all societies have fully modernised and rural societies, in particular, are still trapped in a transition period. The expectancy levels for service delivery and professionalism in these societies are low, thus contributing to educators‟ misconduct and unprofessional behaviour.