Managing Serious Misconduct Guide
Managing serious misconduct in an early childhood setting requires additional care and urgency due to the responsibility for ensuring the safety and well-being of children. Misconduct in this context, such as breaches of child safety, inappropriate behaviour, or severe policy violations, demands immediate and decisive action. By following these steps, early childhood settings can effectively manage serious misconduct while maintaining compliance, safeguarding children, and preserving trust with families and staff.
Serious misconduct can come to our knowledge by the following, but not limited to:
- Child complaint/allegation
- Parent complaint/allegation
- Employee complaint/allegation
- Witnessing an incident happen
Woodlands Long Day Care & Kindergarten have a ZERO TOLERANCE policy when it comes to physical violence against children.
An investigation will be conducted into any alleged physical violence against a child/ren. The educator will be stood down pending investigation. If the allegations are substantiated, the employee will be terminated instantly, no notice, no payout period, and will be asked to collect their belongings and leave the premises immediately.
When a serious incident comes to attention
Prioritise Child Safety
- If the alleged misconduct directly affects a child or compromises their safety, take immediate action to mitigate risks, such as standing down the employee with pay (if necessary) while an investigation is conducted.
- Mandatory Reporting: If the misconduct relates to child safety (e.g., abuse, neglect, or harm), report it to the Department of Education and Commission for Young People (CCYP) as required by mandatory reporting laws.
What constitutes misconduct?
Misconduct in early childhood settings might include:
- Violations of child safety and welfare policies
- Physical, emotional, or verbal abuse of children.
- Neglecting a child’s basic needs (e.g., food, hygiene, comfort).
- Failing to supervise children adequately, leading to safety risks.
- Breaching mandatory reporting obligations for child abuse or neglect.
- Inappropriate physical contact or interactions with children.
- Exposure of children to harmful or inappropriate content or situations.
- Redirecting children physically without first asking permission to touch the child, either verbally or with physical gesture, ie. holding out a hand for the child to take, unless other children and educators are at risk of serious harm
- Holding children by the forearm to redirect. Educators should take a child's hand only and always.
- Lifting children by their arms/hands to move them from one place to another
- Breaches of supervision standards or ratios.
- Inappropriate interactions with children, families, or colleagues.
- Breaching the Code of Ethics for Early Childhood Educators.
- Using discriminatory, bullying, or harassing language or behaviour toward children, families, or staff.
- Sharing confidential information about children, families, or staff without proper consent.
- Falsifying records, ie. incident reports
- Harassment, bullying, or discriminatory behaviour toward colleagues or families.
- Using aggressive or threatening language or actions.
- Refusal to comply with lawful instructions from leadership.
- Attending work under the influence of drugs or alcohol.
- Failing to adhere to child-to-educator ratio requirements.
- Unauthorised absence from duties, leaving children unsupervised.
- Allowing unauthorised persons to access children or restricted areas.
- Breaching policies on confidentiality, social media use, or communication with families.
- Sharing photos or videos of children without parental consent.
- Misusing personal devices during work hours in violation of policies.
- Inappropriate use of online platforms for professional communications.
Why are these Serious Misconduct?
Each type of misconduct poses risks to the:
- Children's Well-Being: Endangering health and safety
- Trust with Families: Damaging the reputation and reliability of the service(business).
- Compliance and Licensing: Breaching legal obligations, potentially leading to penalties or loss of accreditation.
- Workplace Environment: Damaging team morale and professional standards among employees.
Determine whether the behaviour constitutes serious misconduct according to workplace policies and legal standards. See Behaviour Guidance Policy. Contact Head of Campuses or Head of Campus Education for further advice if required.
Commence Investigation
The way in which an investigation is carried out will rely on how the allegation was received and what evidence is available. In most incidents there will be video footage where a quick decision can be made. Sometimes video footage does not always give a clear view of an incident and will require interviews to be carried out.
- Ensure the Campus remains safe during the investigation.
- Communicate with staff and families in a professional manner without breaking privacy and confidentiality.
- Gather initial information about the incident to determine the exact details and seriousness of the incident.
- Identify any witnesses or evidence that may need to be collected.
- Inform Head of Campuses or Head of Campus Education.
- Notify DET, child protection agencies, or CCYP. If the misconduct involves potential criminal behaviour, contact the police.
- Collect evidence, including incident reports, witness statements, or CCTV footage.
- Provide the accused employee with notice of meeting, ensuring they are aware of the allegations and allowed to respond.
- Review the evidence objectively, considering the severity and context of the misconduct.
- Document all steps of the investigation process and findings, ensuring records are accurate and complete.
Take Action
Depending on the investigation’s outcome, possible actions include:
- Written warnings or performance management plans.
- Termination of employment for substantiated serious misconduct. There may be incidences where the serious misconduct cannot be substantiated to the full extent. If there is any doubt, the DET and CCYP would be notified that the allegation was not substantiated, but the educator would still be terminated based on the evidence available.
- Meet with the employee to deliver the outcome and the final decision.
- Provide the decision in writing, using the Termination of Employment - Dismissal without Notice Template - explaining the reasons and referencing the evidence, noting that the notice period is not required to be paid out.
- Inform Families and Employees. If the misconduct affects children or families, communicate professionally and transparently with families, ensuring confidentiality is upheld.
- Reassure families and employees of steps taken to maintain a safe, compliant environment.
After the incident, review current policies, procedures, and training programs to prevent similar occurrences. Reinforce mandatory reporting, code of conduct, and child safety training for all employees.
Please note:
- Always comply with mandatory reporting requirements and early childhood regulations. Consult Head of Campuses or Head of Campus Education or People and Culture is unsure of any decisions made.
- Handle all communications with discretion to protect the privacy of children, families, and employees.
- Ensure that all decisions prioritise the safety and well-being of children.
- Offer children, employees, and families debriefing if needed.