Educator misconduct in the school and classroom: An Education Law perspective

Abstract

This study investigates the legal determinants, principles, and lived experiences of educators regarding misconduct in South African schools and classrooms, despite existing regulatory frameworks. Through a qualitative methodology employing an interpretivism paradigm, the research explored underlying causes and perspectives of educator misconduct. The one-on-one interviews (Semi-structured) were conducted with purposively carefully chosen participants, including educators, departmental heads, site stewards, and school principals, to ensure rich descriptive data collection. The analysis revealed four significant themes related to educator misconduct. Findings indicate that such misconduct manifests in various forms within classrooms and results in poor academic performance and ill-disciplined learners. Furthermore, educator misconduct contributes to a dysfunctional equilibrium that compromises school effectiveness. The study identified multiple causes, scope, and effects of educator misconduct within the educational environment. Based on these findings, nine recommendations were suggested to the Department of Basic Education (DBE) and the school principals. Key recommendations include implementing stronger sanctions, statutory and regulatory provisions, and punitive measures to address misconduct. Additionally, the establishment of a legal advisory service by the DBE was recommended to provide ongoing consultation for educators. These recommendations aim to enhance the application of legal frameworks, mitigate educator misconduct, and eventually advance the quality teaching and learning.