Legal Section: The suspension
Maths teacher Niels scribbles a bit in the margin of an exam answer sheet and gets a suspension.
Picture: Type tank
For Niels it was natural that he effortlessly brings all his math students to the finish line. But this year it is disappointing. One of his students, of whom he had higher expectations, turns out to have made a lot of mistakes. It's a shame, such a good student.
Fraud
Niels thoughtlessly scribbles next to the assignments to find out what went wrong. He has long forgotten that when he is called to the rector a few weeks later. He tells him that he has probably committed exam fraud. When he hears the name of his pupil, Niels remembers what happened. He is confused. The scribbles are clearly his handwriting, and have he not changed anything in the student's work? 'Sorry Niels, we have to find out', is the reaction of his rector. “We don't want you showing up for school for the next four weeks. You will receive a letter about it at home. '
We don't want you to show up at school for the next four weeks. You will receive a letter about it at home.
That letter will be there the next day. It says that he and the rector spoke the previous day about the suspicion that grades in a final exam have been adjusted and Niels' reaction to it. The letter worries Niels. Reason to contact the legal service of the AOb to search.
Suspension type
Suspensions come in two forms, one by way of punishment (disciplinary measure) and the other as an order measure. The latter is used if the school wants to find out what happened and prevent further unrest from arising. Such a suspension does not say at all that you have done something improper.
Suspensions come in two forms, one by way of punishment (disciplinary measure) and the other as an order measure
Niels has had such an order measure on his pants. A suspension as an order measure does not affect your salary, but most people do not feel good about it. That is why an order suspension may only last a short time, up to four weeks. If you do not agree, for example because you do not think research is necessary, you can turn to the appeals committee if you work in special education, in public education you can lodge an objection with your employer. But often this is of no use, because for a suspension of order it only applies that it must be urgently necessary. That this is the case, however, is fairly quickly assumed.
Fizzle
For Niels the case fizzles out because it is easy to see that the reaction he gave to his rector corresponds with what can be seen on the exam paper: thoughtless additions in the margin that left the exam work untouched. The checking has taken place completely correctly.
This section is based on practical experience of AOblawyers. If you are a member of the AOb our lawyers will assist you. Read more about membership via this link.
