Employment of Educators Act, 1998 (Act No. 76 of 1998)

Chapter 5 : Incapacity and Misconduct

17. Serious misconduct

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[Section 17 heading substituted by section 9 of Act No. 53 of 2000]

 

(1)An educator must be dismissed if he or she is found guilty of—
(a)theft, bribery, fraud or an act of corruption in regard to examinations or promotional reports;
(b)committing an act of sexual assault on a learner, student or other employee;
(c)having a sexual relationship with a learner of the school where he or she is employed;
(d)seriously assaulting, with the intention to cause grievous bodily harm to a learner, student or other employee;
(e)illegal possession of an intoxicating, illegal or stupefying substance; or
(f)causing a learner or a student to perform any of the acts contemplated in paragraphs (a) to (e).

 

(2)If it is alleged that an educator committed a serious misconduct  contemplated in subsection (1), the employer must institute disciplinary proceedings in accordance with the disciplinary code and procedures provided for in Schedule 2.

 

[Section 17 substituted by section 10 of Act No. 53 of 2000]