Code of Conduct for the Teaching Service

Rules for the protection of Namibian pupils are contained in the Basic Education Act 3 of 2020, the regulations set out under that act and the recently issued Code of Conduct for the Teaching Service (Government Gazette 8594).

The previous column summarised key rules aimed at protecting pupils. This column highlights key points that apply to teachers at state schools. 

The background The Basic Education Act requires the minister to prescribe a Code of Conduct for the Teaching Service, which applies to all teachers who are public servants.

In general, it requires teachers at state schools, among others, to promote a culture of peace, care, support and tolerance at the school.

They must also promote a culture of responsibility and accountability, foster respect for human rights and act in a just and impartial manner in their dealings with pupils. The Code of Conduct provides more specific rules. 

Dress code  Teachers, like pupils, have a dress code. They are required to dress in an appropriate manner to enhance the image of the profession.
Specifically, this means they must be dressed “neatly and decently” and in clothing suited to the task of teaching.

This is elaborated on in gendered terms. No teacher’s clothing should be too revealing by being too low-cut, too short or too tight – but female teachers are specifically warned not to wear clothing that is too transparent. 

Basic principles  Teachers are generally expected to establish a safe, disciplined and purposeful school environment that is caring and nurturing, with the goal of enabling pupils to develop into caring, honest and responsible adults. 

They are expected to be aware of the imbalances of power that exist in any teaching situation and to make a commitment not to use their position to override the best interests of their pupils. 

Teachers must respect the dignity and constitutional rights of every pupil without prejudice, including the right to education, equality of culture and the right to privacy.

Teachers must also promote acceptable “moral standards” among pupils: This is defined as “the principles and values based on what the society believes are the right and acceptable ways of behaving”.

Respect for gender equality and diversity  Teachers must inform themselves about the diverse cultural backgrounds of their pupils, and respect and accommodate this diversity.

They must also promote gender equality, which is defined as the equal status of women and men and the roles of women and men as equal partners. There is no specific reference to sexual diversity. 

Non-discrimination  Teachers must ensure that their services are applied equally to all.

They must refrain from any form of discrimination, including discrimination on the basis of HIV-AIDS status or other health conditions.

Teachers must not discriminate against any pupil on the basis of physical or mental impairment or disability, and they are expected to assist every pupil to reach his or her full potential.

Non-violence 
Teachers must undertake to avoid using violence as a teaching and disciplinary tool.

More specifically, they must not administer corporal punishment or any other degrading punishment to a pupil. 
Respect for dignity 

Teachers must not humiliate or abuse a pupil in any way – physically, emotionally or psychologically.

They may not use language or behaviour that will undermine the confidence and respect of any pupil. This would encompass bullying of a pupil, although that term is not used in the Code of Conduct. 

Respect for privacy  Teachers may not divulge information about a pupil received in confidence or in the course of their professional duties.

No sexual abuse or sexual harassment  Teachers may not become involved in any form of romance or sexual relations with a pupil or engage in sexual abuse or sexual harassment of a pupil. 

“Sexual abuse” is defined as behaviour by a teacher towards a pupil that is likely to harm a pupil or to deprive a pupil of a sense of physical or psychological safety.

It includes physical contact such as touching, fondling or stroking, and non-contact forms of sexual abuse such as sexual gestures, sexually explicit pictures, sexual comments and jokes.

It also encompasses “love affairs” with pupils, exploitative acts such as providing gifts, and any sexual activities involving coercion or seduction. 

“Sexual harassment” means unwanted behaviour or advances of a sexual nature by a teacher towards a pupil.

This could include unsolicited and unwanted touching; verbal, non-verbal, written or electronic invitations; and suggestive and obscene remarks or jokes.

Non-exploitation Teachers may not accept any form of payment for tutoring a pupil in a school subject without the necessary permission.

More generally, they are prohibited from abusing their position for financial, political or personal gain. 

No withholding of pupils’ progress reports
Teachers may not withhold a pupil’s progress report as a form of disciplinary measure or for non-payment of contribution to a school development fund. 

Enforcement A teacher who fails to carry out any duties prescribed by the Code of Conduct commits an act of misconduct and is liable to disciplinary action – although, depending on the seriousness of the misconduct, the teacher may be given the necessary counselling and advice and an opportunity to correct their behaviour. 

• Dianne Hubbard is a legal consultant with many years of experience in public interest law and a passion for trying to make legal issues clear and accessible.
  – The next column will summarise the behavioural rules that apply to pupils.

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