Question
Our Governing Body has a governor who is aggressive in his dealings with staff and threatening in his questioning of other governors. Can we discipline him in some way?
Answer
These sorts of problems are best dealt with in the first instance by the Chair. From time to time we may all have bad days but aggressive behaviour could be seen as bringing the Governing Body into disrepute and so cannot be tolerated.
There are instances where parent governors, in particular, are appointed as governors with some personal issues in respect of their relationship with the school and which may be reflected in their behaviour towards staff and other governors. The Chair should identify any such areas and point out to the Governor that their position on the Governing Body is not to be used to pursue some personal complaint against the staff, school or other governor.
Where there is no underlying reason for the behaviour that requires to be addressed, the Chair needs to clearly indicate to the governor the unacceptable nature of his or her behaviour and request that the behaviour be moderated. In all cases the Chair of Governors should ensure that the Governing Body's requirement of what is appropriate conduct is conveyed to all Governors.
The Governing Body may find it appropriate to formulate and agree a "Code of Conduct” for members of the Governing Body where aspects of acceptable and unacceptable behaviour can be determined and where remedies for grievances between Governors, Governors and Heads; Governors and staff can be addressed. Such a document once approved can be used to inform all new appointments to the Governing Body of appropriate behaviour and action that could be taken where inappropriate behaviour arise.
Where behaviour continues to be unacceptable the only major sanction that is available is that of suspension. Suspension must not be used as the first sanction against a Governor. Where suspension is being contemplated there should be good documented grounds for the action which can be given to a governor who is subject to action under the suspension provisions and in no sense should it be used to simply suppress or prevent a governor or governors from expressing a view that is contrary to the thinking of the majority.
If inappropriate behaviour occurs in a committee which is affecting the operation of that committee and where the Governor in question persists in the behaviour, the Governing Body could remove the Governor as appointment to a committee is a matter for their determination.
The grounds for suspension are:
a) The governor is paid to work at the school and is subject to employment related disciplinary proceedings;
b) The governor is subject to court or tribunal proceedings, the outcome of which might result in his disqualification as a governor;
c) The governor has acted in a way that is inconsistent with the school's ethos or religious character and has brought or is likely to bring the governing body or his office as a governor into disrepute;
d) The governor is in breach of his duty of confidentiality to the school or to the staff or to the pupils and unreasonable behaviour cannot be tolerated.
If it deemed necessary to seek the suspension of a Governor there is a need to ensure that the following process is followed.
The item should be an Agenda item with the Agenda circulated at least 7 days in advance of the meeting.
The Governor proposing the Suspension should state the reasons why they believe suspension is necessary in accordance with the above grounds.
The Governor that is the subject of the proposed suspension must be given the opportunity to respond to the proposal. If they are not present, the item should not proceed. A further meeting should be arranged with the requisite 7 days notice. The Governor should be advised that if they are unable to attend, they may wish to present a written response as the matter will now proceed in their absence.
This guidance was last updated in August 2009.
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