If the matter is under consideration by the police, the Board will take no action until the police confirm that they are not proceeding with the charges, there is an acquittal, or there is a conviction. Under Section 35 of the Education Act 1958 Part III, where the offence is one of a sexual nature concerning a student under the age of 18, and there is a conviction, the perpetrator will be automatically deregistered. If there is a conviction for an indictable offence, the Board may institute an inquiry on that basis. That is, conduct which could reasonably be regarded by other teachers of good professional repute as bringing discredit on the teacher in his or her professional capacity or on the teaching profession as a whole . The Board seeks legal advice as to whether an Inquiry is to take place and takes the matter very seriously.
Account is taken of natural justice for both the teacher and the complainant.
We are fully cognisant that we are concerned with the teacher's livelihood. Most teachers avail themselves of this right and choose to appear before the Board. Hearings of this nature can take from one hour to a full hearing involving Barristers who advise the Board and those who represent the teacher. The longest of these ran for 13 days, though the Board is looking to expedite matters for both sides. The Board will hear the case and make its decision on the civil burden of proof, that is, on the balance of probabilities.