POL. 5.1.1. HEALTH AND SAFETY (Ratified 26.07.2021)

RATIONALE

1       The Board is committed to ensuring the health and safety of all workers, students, visitors and contractors by complying with relevant health and safety legislation, regulations, New Zealand standards, and approved codes of practice.

2       The Board is committed to providing and maintaining a safe and healthy workplace for all workers, students, and other people in the workplace.

GUIDELINES

  • This will be achieved through:

1.1     making health and safety a priority

1.2     working with the college staff to improve the health and safety system

1.3    doing everything reasonably possible to remove or reduce the risk of injury or illness, dehydration, sunburn and sunstroke

1.4    ensuring procedures are in place regarding the sale, supply and consumption of alcohol that aligns with the protection of students, staff and visitors and also with alcohol laws

1.5    making sure all incidents, injuries and near misses are recorded in the Health and Safety Registry.

1.6    investigating incidents, near misses and reducing the likelihood of them happening again

1.7     having emergency plans and procedures in place

1.8    providing appropriate induction, training and supervision for all new and existing staff

1.9     helping staff who were injured or ill return to work safely

1.10   making sure contractors and sub-contractors working at the school operate in a           safe manner.

2       All staff are encouraged to play a vital and responsible role in maintaining a safe and healthy workplace through:
         2.1     being involved in improving health and safety systems at work

         2.2     following all instructions, rules, procedures and safe ways of working

         2.3     reporting any pain or discomfort as soon as possible

         2.4     reporting all injuries, incidents and near misses

         2.5    helping new  staff members, trainees and visitors to the workplace understand the safety procedures and why they exist
         
         2.6     reporting any health and safety concerns or issues through the reporting system

         2.7     keeping the workplace tidy to minimize the risk of any trips and falls

         2.8     wearing protective clothing and equipment as and when required to minimize their exposure to workplace hazards.
3       Others in the Workplace
         All others in the workplace including students and visitors are encouraged to:
         3.1     follow all instructions, rules and procedures while in the school grounds

         3.2    report all injuries, incidents and near misses

         3.3    wear protective clothing and equipment as and when required to minimize their exposure to hazards while learning

4       The Principal shall institute Procedures pursuant to this policy.

POL.5.2.4 CHILD PROTECTION (Ratified 27.06.2022)

RATIONALE

  1. Student safety is paramount.
  2. Newlands College is committed to protecting children from abuse and neglect.
  3. The college must ensure the safety of all students in its care and also adhere to the Vulnerable Children’s Act (2014) (The Act). It is intended to protect all children staff may encounter – including siblings, the children of adults accessing services and any other children encountered by staff
  4. These guidelines apply to all staff who have direct or indirect contact with our students. (See Appendix for full definition.)
  5. The college has a commitment to work together to produce the best possible outcomes for the child and to work towards continuous improvement in child protection practices. Recognition of the culture of the whānau, its importance and the rights of whānau to participate in decision-making about their children and the rights of the child to participate in decision making are key aspects.

GUIDELINES

  1.  All staff will be made aware of these Guidelines and their obligations under The Act. New staff induction will include information about these Guidelines.
  2. The college will provide training to all staff about child protection issues.

  3. All appointments (permanent, fixed term, contractor, casual or volunteer) to positions that have direct and/or frequent contact with children or young people will be made in accordance with the requirements of The Act. These will include a safety check.

  4. No new staff member will start work until the Safety Check has been completed to the satisfaction of the Principal.

  5. The Principal will Safety Check all staff every three years.
  6. All volunteers who come into regular contact with students will need to be safety checked before they start their roles.

  7. Guests do not need to be safety checked as long as they are working under the supervision of a staff member.

  8. No-one will have access to student information until they have been safety checked.

  9. Any disclosures from students should be immediately referred to the Deputy Principal or their delegate. The Deputy Principal in charge of Guidance network is the Designated person in terms of the Vulnerable Children Act 2014 and is responsible for providing support and advice to staff with concerns regarding the safety and wellbeing of a child or young person.

  10. Any issues relating to child abuse should be managed using the college’s Child Abuse Guidelines and Procedures.

  11. Any organisation that provides services to our students on a regular basis or where the student might be in close contact with an individual on an irregular basis, must provide a copy of their Child Protection policy.

  12. All personal information regarding students is to be treated as confidential.

  13. Staff should always maintain appropriate professional boundaries and avoid behaviour which might be misinterpreted by others. Adults who work with children must therefore act in a way that is considered to be safe practice. This includes the use of digital technologies. Staff should ensure that all communications are transparent and open to scrutiny.

  14. When physical contact is made with a student this should be in response to their needs at the time, of limited duration and appropriate to their age, stage of development, ethnicity, background and the situation. Staff should use their professional judgement at all times, take note of the student’s reaction or feelings and use a level of contact and/or form of communication which is situationally appropriate.

  15. The college has a Complaints Policy which should be used if anyone suspects there is an inappropriate relationship existing between a staff member and a student.
  16. The Principal shall institute Procedures pursuant to this Policy.

POL.5.3 STUDENT ADDICTIONS (Ratified 26.07.2021)

RATIONALE

  1. Addiction and substance use disorder is a disease that affects a person’s brain and behavior and leads to an inability to control the use of a legal or illegal drug or medication.
  2. Addictions are too often the result of a preexisting mental health condition, or in some cases, serious mental health issues can develop from substance abuse. .   

GUIDELINES

1        Rehabilitation, including pastoral care and support, is preferred to support students with addiction.  

2        The Principal or the Principal’s delegate  and the Counsellor shall develop an action plan for each case.

  • A student who is struggling with substance abusewill be offered specialist drug & alcohol counselling either internally or externally.

3        The Principal will always involve whānau  if students are suspected of substance use at school or any school-related activity.

4        When appropriate, whānau will be contacted regarding substance abuse at school. There will be consequences for repeat offenders.

5        The Principal shall institute Procedures pursuant to this policy.

POL.5.4.3 GUIDANCE NETWORK (Ratified 27.11.2017)

RATIONALE

 1          From time to time, students encounter difficulties and problems which inhibit their learning and/or well-being.

2          To assist students to manage and hopefully resolve those problems, the College provides a Guidance Network.

3          The Guidance Network aims to ensure that all students can take full advantage of opportunities at school to enhance their educational, vocational, and personal development.

4          This policy is one of the expressions of the College motto Me whakamatau, 'We work hard to achieve together’ to ensure that all students are able to participate in the life of the school and to pursue personal levels of excellence.

GUIDELINES

 1          The Guidance Network shall include persons such as Form teachers, Year Level Deans, Guidance Counsellor, Head of Careers and Transition and other Deputy Principals and Guidance Co-ordinator (who shall be a Deputy Principal).

2          The key member of the Guidance Network is the Form Teacher, who shall:

2.1       have direct responsibility for the pastoral care, discipline, and administration, of students in their particular Form class.
2.2       maintain liaison between the student, family/caregivers, and members of the Guidance Network, to ensure that problems affecting the learning and the personal development of students are addressed.
3          Year Level Deans shall:
3.1       have responsibility for the holistic pastoral care of each student in the year level for which they are the Dean.
3.2       continue their association with the student throughout their schooling.
3.3       ensure that each student follows an appropriate course of study.
3.4       assist in general guidance matters.
4          The International Student Dean shall be responsible for all international students, and shall work very closely with the International Student Director and Homestay Counsellors to ensure those students participate effectively in their chosen study and are comfortable and safe in their accommodation.

5          The Guidance Counsellor is an essential member of the Guidance Network. The Counsellor shall:

5.1       have a non-disciplinary role with students, caregivers, and staff.

5.2       assist in fostering the all-round personal development, and well-being of students.

6          All students shall have access to appropriate career counselling each year, to meet their long-term learning needs.

7          The Treaty of Waitangi, EEO, and Equity policies of the College underpin the Guidance principles to ensure:

7.1       the interest of all groups within the student body and community are high priority and no student may be disadvantaged in their education because of gender, ethnicity, disability, or sexuality.

7.2       the requirements of Treaty of Waitangi are adhered to.

8          The Principal shall institute Procedures to effect this Policy.

POL. 5.4.4 Search and Seizure (Ratified 01.05.2012)

Newlands College aims to ensure that the school environment is a safe and secure learning place, and in order to do this we must at various times check that students are not in possession of illicit items, including drugs, alcohol, cigarettes, pornography, weapons, or stolen property.

All searches will be carried out in a manner that ensures the dignity of the student is protected, and will be in accordance with the following process:

  1. Students may be asked at any time by a teacher to empty out their pockets, reveal hidden items or to open their bag or locker for inspection.
  2. Students must be present at all times during a search of their personal property.
  3. If an illicit item is found on the student, or in the student’s bag or locker, the teacher will retain the item pending the appropriate inquiry or disciplinary process.
  4. If a student does not agree to the search being carried out, the student will be asked to go to the office of the Deputy Principal.
  5. The student will then have the opportunity to ask any questions that they have in relation to the search, and the student’s parents will be telephoned. The student will be supervised at the office of the Deputy Principal until the arrival of a parent or guardian.
  6. Following the arrival of a parent or guardian, the student will again be asked to empty their pockets, or to open their bag or locker for inspection. If the student maintains that they will not agree to the search being carried out, such refusal will be dealt with as a disciplinary matter.
  7. If a parent or guardian is not available to attend the school, and the student maintains that they will not agree to the search being carried out, such refusal will be dealt with as a disciplinary matter. This policy will not prevent any urgent search of a student or their bag or   locker, or seizure of property, where it is required to prevent immediate harm     to the student or other people, or to prevent immediate damage to property.
  8. The Principal shall institute Procedures to effect this Policy.

Authored by Richard Harrison, Harrison & Co, Auckland, (SPANZ Lawyer) 2007

POL. 5.5.1.1 PERSONAL CARE (Ratified 27.09.2021)

RATIONALE

1       This policy aims to balance the preservation of the dignity of the students who may need appropriate hygiene and personal assistance in a safe physical and emotional environment, with the health and safety of the staff.

2       In particular, this policy recognises  the special nature of the Learning Support Centre (LSC) and the students' needs.

3        The policy applies to all staff who may be involved in giving personal care to students in the LSC and elsewhere in the college.

4        The College is  committed to ensuring the rights and needs of the students are maintained and staff are appropriately informed, trained and supported.

GUIDELINES

1        Relevant information about personal or hygiene needs shall be collated on the enrolment form, consent form, and annual update form for all students who require staff assistance or supervision for personal or hygiene care.

2        Parent/caregiver shall provide up-to-date information about any change in the student's personal care needs.

3        All staff designated to provide personal care shall be capable of doing so.

4        Wherever possible and appropriate, a student's preferences for the person assisting with personal care shall be considered.

5        Student dignity and privacy shall be maintained to the maximum extent practicable in providing hygiene care and assistance, and also applies to the distribution of menstrual products.

6        The Principal shall institute Procedures pursuant to this Policy.

POL. 5.5.1.2 STUDENT MEDICATION (Ratified 27.09.2021)

RATIONALE

  1. This policy aims to ensure a safe physical and emotional environment for students in the school, including students who need medication while at school or during school related activities and to ensure the health and safety of the staff.
  2. In particular, this policy recognises the special nature of the LSC and the students’ needs.
  3. The school is responsible to ensure the appropriate and safe storage of medication/s where the school has a role in storing or supervising the administration of them. This includes formal identification of those who may access and administer these medication/s, and under what conditions these should be administered.
  4. The College is committed to ensuring the rights and needs of the students are maintained and staff are appropriately informed, trained and supported.

GUIDELINES

  1. Relevant information shall be collated on the enrolment form, medication consent form, and annual update form for all students who require staff assistance or supervision for the administration of their medication.
  2. Parent/guardian shall:
  1. Provide required medications and any relevant

  2. Provide instructions for administration of medication, signed and dated.

  3. Provide a statement of expected results and any side effects of the medication.
  4. Provide up-to-date information about any change in the student’s medical circumstances, specifically of changes in medication.

  5. Promptly uplift from the College any redundant, surplus, or out-of-date medicine, replacing it with current, fresh stock as necessary.

3    Where medications need to be stored in the school for any duration, the school shall acknowledge receipt of these medications and enter them into a medication/s register.

4     For students requiring staff assistance with their medication/s, appropriately skilled staff shall be designated to administer these.

4.1 Contingency plans shall be signed between the parent/guardian and a representative of the college (and the student if they have the capacity) for a situation where no designated staff member is available to administer medication/s.
4.2 The plan shall name the medication and the directions for administering it.

5.          Medication/s shall always be given as per instructions and the administration recorded and signed.

6          The Principal shall institute Procedures pursuant to this policy.

POL. 5.5.4 POLICE VETTING (Ratified 29.11.2021)

RATIONALE

1        For the safety of students, the law requires persons with regular contact with schools and school students to undergo a checking of their record with the Police ("vetting").

2        Each employee, and the types of volunteers specified below, must be vetted.

3        The purpose is to make known to the Board any person whose past dealings with the Police have demonstrated, or have led the Police to believe, that that person is or could be a danger to any person in the College community.  The Board is the employing authority of the College and is the body with responsibility for policies which protect the safety of students and staff and the rest of the College community.

GUIDELINES

1        Employees or prospective employees of thee College or who are present on College business, on other than a 'one-off' basis, will be vetted.

2        Volunteers including board members who offer their services to the College will at the Principal’s discretion also be vetted if the volunteer service they are to provide is more than a one off event that doesn’t require overnight supervision, and any of the following could occur during their volunteer service:

2.1     The volunteer could have responsibility for a student or students without the direct supervision of at least one staff member employed by the College;

2.2     The volunteer could have personal contact with a student or students (e.g.       administering first aid, counseling, assisting in the Learning Support Centre);

2.3     Their volunteer service means they could be regularly on the College premises.

3        Vetting will be renewed every 3 years for people who continue to work in the school as staff or volunteers.

4        If the vetting reveals a record which gives rise to concern, the person will be advised of the results of the Police vetting and will be:

4.1          Suspended while they are given an opportunity to consider the matter, take advice, and make any submissions to the Board which they think relevant.

4.2          The Board will consider the vetting result and the employee's or volunteer’s submissions in a fair manner and reach a decision whether or not to continue to employ that person or to continue to accept that volunteer’s service.

5                      This policy should be read in conjunction with the Policy 5.2.4 Child Protection Policy.

6                       The Principal will institute Procedures pursuant to this Policy.

POL. 5.5.5 PRIVATE VEHICLE TRANSPORT FOR COLLEGE ACTIVITIES (Ratified 29.11.2021)

RATIONALE

  1. In this policy, "private vehicle" means a vehicle which is not licensed as a passenger service vehicle or not driven by a person licensed to transport passengers.
  2. Private transport is frequently required for some College-related activities, including sports events and cultural fixtures.
  3. Where the College arranges transport the College shall take reasonable steps to ensure vehicles are safe (current registration and WOF) and the driver of the vehicle is licensed appropriately.

GUIDELINES

  1. Where possible, transport will be either by teacher-driven or parent-driven vehicles.
  2. Where it is necessary for students to travel in a vehicle driven by a fellow student then the student driver will have a full licence, and ensure that all passengers wear seat belts.
  3. Travel arrangements for students to attend College events (sporting, cultural etc) outside school hours are the responsibility of the whānau, unless other arrangements have been specifically made by the College.
  4. When transport to or from a school activity is arranged by the student's family this falls outside of Newlands College's ability to monitor and therefore is not covered by this policy but is the responsibility of the student's parents.
  5. Private transport is also used to transport students to and from school for a normal school day. This private transport may be student driven or parent/caregiver driven and may include student drivers carrying other passengers. This form of private transport falls outside of Newlands College’s ability to monitor and therefore is not covered by this policy, but is the responsibility of the student's parents.
  6. The Principal shall institute procedures pursuant to this Policy.

POL.5.6.2 - UNIFORM (Ratified 14.06.2021)

RATIONALE

 1          Newlands College is a ‘uniform school’. This is a result of community consultation,          which is reviewed on a regular basis.   

GUIDELINES

 1          Students will comply fully with the dress, grooming and personal items code as detailed on the College website and on the online Enrolment Form.

2          Students unable to comply with the dress and grooming code, for whatever reason, will see a Deputy Principal.  A uniform pass may then be issued.

3          Teachers will check dress and grooming compliance.

4          Students not complying with dress and grooming should be referred to a Deputy Principal            who will follow the Uniform Infringement procedure.

5         The Principal shall institute Procedures pursuant to this Policy.

POL. 5.6.3.2 HARASSMENT including BULLYING (Ratified 25.03.2019)

RATIONALE

  1. Newlands College provides a safe school environment for all members of the school community.
  2. All members of the school community will treat each other with dignity and respect.
  3. The Board considers harassment of any kind as a serious issue, as it can affect both physical and mental health.
  4. As well as causing health and safety issues, harassment can lead to poor performance, decreased productivity, difficulties in retaining and recruiting staff and less than optimal educational outcomes for students.

GUIDELINES

  1. Harassment is behaviour which is:
    1.1 known, or should reasonably be known, to be unwelcome to the recipient; and

          1.2 intentionally directed at a person or a group.

  1. Harassment includes the following types of behaviour:

         2.1 Sexual harassment

             2.1.1  Sexual harassment can happen to and by anyone. It can be subtle or more obvious.

             2.1.2 Whether a behaviour was sexual harassment is viewed objectively, considering whether the                 conduct was unwelcome or offensive, from the perspective of the complainant.

              2.1.3  Examples of sexual harassment can include:

  • personally sexually offensive comments
  • sexual or smutty jokes
  • unwanted comments or teasing about a person's private life
  • offensive hand or body gestures
  • physical contact such as patting, pinching or touching
  • provocative posters with a sexual connotation
  • persistent and unwelcome social invitations (or telephone calls or emails)
  • hints or promises of preferential treatment in exchange for sex
  • threats of differential treatment if sexual activity is not offered
  • sexual assault and rape.

2.2 Racial harassment

2.2.1 The person doing the harassment doesn’t have to be intending to racially harass for the behaviour to be racial harassment, it depends on how the person the behaviour impacts is affected by the behaviour.

2.2.2 Examples of racial harassment can include:

  • making offensive or hurtful remarks about a person's race, colour, or ethnic origins
  • copying or making fun of the way a person speaks
  • making jokes about a person's race, colour, or ethnic origins
  • calling people by racist names
  • deliberately mispronouncing or mocking people's names.
  • excluding behaviours

2.3 Bullying

2.3.1 Bullying is a form of violence or harassment conducted by one or more people against another or others, which undermines a person’s right to dignity, security or wellbeing.

2.3.2 Bullying may be direct or indirect, verbal, physical, or digital/online.

2.3.3 Bullying behaviour can be a single severe incident or behaviour that is repeated and its effect is cumulative.

2.3.4 Bullying constitutes or is perceived by the victim to constitute a real threat to health and safety.

2.3.5 There are four major forms of bullying in schools:

  • Student bullying - from students towards students
  • Workplace bullying – from adults towards adults
  • Bullying or harassment of adults by students
  • Bullying of students – from adults towards students

2.3.6 Bullying behaviour includes excluding, victimising, humiliating, intimidating or threatening a person. Bullying may also include harassment, discrimination or violence.

3 Reporting harassment

3.1 The Principal is responsible for implementing a process for reporting, recording and responding to complaints of harassment.

3.2 Behaviour which amounts to harassment of any kind should be dealt with, even if a complaint has not been made, to promote a culture of respect and safety.

4.   The Principal shall institute Procedures pursuant to this policy

POL.5.6.4 COMPLAINTS (Ratified 27.06.2022)

RATIONALE

  1.  It is important for two reasons that complaints be listened to in good faith and fairly; and that genuine efforts be made to resolve them as quickly as possible.

1.1 Procedurally, these features are part of fairness.

1.2 Practically, substantive justice is not considered to have been done to the complaint without procedural fairness.

      2.   The College has an obligation to deal with complaints so that caregivers, parents, whānau, students, teachers, and the school community can engage in and relate to education at the College in an open, honest environment.

GUIDELINES

 1          Complaints may be:

            1.1       of a general or specific nature
            1.2       made by students, international students, staff, parents, whānau or people in the     community
            1.3       about a particular incident, or an accumulation of apparently minor or major incidents
            1.4       made by telephone, in writing, or in conversations.

2          Complaints shall be listened to in good faith and fairly, treated seriously and professionally, and investigated and addressed as promptly as possible.

3          Procedures instituted shall protect and advise both parties of their rights.  That shall include both parties receiving copies of the nature of the complaint, and a written summary of the results of any investigation, and of the resolution or decision.

4          A report on the investigation of each complaint shall be written and that, along with further reports on subsequent investigations and the resolution or decision, shall be held for at least three years from the last action and/or after the student or teacher has left the College.

5          Training shall be provided for all designated people who deal with complaints.

6          A choice of who is to deal with the complaint shall be made available to the complainant if appropriate.

7          Any complaint dealing with a teacher’s classroom performance is to be directed to the Head of Faculty (HoF).  If the complaint is about a HoF, it should be directed to the Principal.

8          Any complaint about a staff or volunteer’s behaviour in the College or community shall be directed to the Principal.

9          Any complaint about student behaviour out of school but in uniform shall be directed to the relevant senior leadershipteam (SLT) member.

10        Any complaint from a parent or other student about a student’s behaviour within the school is to be directed to either the dean or HOF depending on the nature of the complaint.

11        Any complaint regarding serious misconduct of students at school e.g. drugs is to be directed to a member of the SLT.

12        All administration and support staff shall be made aware of the complaints policy and procedures.

13        Any complaint in writing shall be replied to in writing.  Written complaints and their responses are filed on staff/students files.

14        Any complaint (other than one about the Principal) received by the Board shall be directed to the Principal in the first instance, and brought to the Board only if the complaint is serious, in the sense that it involves a matter of teacher competence, conduct or discipline as defined in the Secondary Teachers Collective Agreement, the Education Act and other legal statutes.

15        Separate procedures exist for complaints of sexual harassment.

16        Any complaint made by, or about, an international student shall be managed by the same processes.  Any student shall have the right to request access to an interpreter.

17        Any complaint about the Principal shall be directed to the Chair of the Board.

18        Any complaint about a Board member shall be directed to the Chair of the Board.

19        Any complaint about the Chair of the Board shall be directed to the Deputy Chair of the Board.

20        The Principal shall institute Procedures pursuant to this Policy.

POL.5.7.2 Cybersafety Policy (Ratified 26.11.2018)

Rationale:

Newlands College will maintain positive cybersafety practices to promote a safe environment for staff, students and visitors.

Guidelines

  1. Digital citizenship - staff, students and guest users of the network are expected to model responsible digital citizenship and reflect positive ways to interact and behave online. This includes posting on social media.
  2. All students must electronically agree to the E-Learning agreement before enrolment to access the school network.
  3. All staff who use our network are subject to relevant professional standards.
  4. Staff and representatives of the school are required to be professional when interacting online with anyone in the school community.
  5. Issues relating to confidentiality, such as sighting student or staff information, reasons for collecting data and the secure storage of personal details and information (including images) are subject to privacy law.
  6. Newlands College retains the right to monitor, access and review all digital communications within the College network.
  7. Newlands College retains the right to audit at anytime any material on equipment that is owned or leased by the College. The college may also request permission to audit privately owned ICT devices/equipment used on the college site or at any college related activity.
  8. In serious incidents, advice will be sought from appropriate sources. If illegal material or activities are suspected, the matter may be reported to the relevant law enforcement agency and/or the relevant professional body.
  9. The Principal shall institute Procedures pursuant to this Policy.

Supporting Documents:

  • Online enrolment – E-Learning agreement.
  • Netsafe NZ
  • Education Council - Code of professional responsibility and standards for the teaching profession.

POL.5.8.1 FOOD AND NUTRITION (Ratified 28.05.2018)

RATIONALE

  1. The College is committed to providing a health promoting environment for students.
  2. Healthy nutrition practices and access to nutritious everyday foods in adolescence contribute to optimal health, growth and cognitive development, which in turn have been shown to influence a student’s ability to learn.
  3. Positive role modelling by staff supports school policy and actions and demonstrates leadership and commitment to students.

GUIDELINES

1. Students shall be encouraged to take responsibility for their own health through classroom programmes.

2. Staff shall be encouraged to role model healthy nutrition practices in the school environment and in their interactions with students.
3. Food choices made available in the College canteen shall be based on relevant Ministry of Health Food and Nutrition guidelines, and shall support and reinforce what students learn about nutrition in the classroom.

4. Nutrition education shall refer to, support, and reinforce, these recommendations as well as the provisions of the Ministry of Education curriculum.

5. Fruit and milk products (low-fat options) shall be available at all times in the College Canteen.

 6. Steps shall be taken to limit access to sugar-sweetened beverages in the school environment.

7. Steps shall be taken to moderate the sale of foods high in fat, sugar, or salt.

8. Appropriate food safety practices will be in place.

9. The preparation, packaging and storage of foods shall comply with relevant food safety laws.
10. The Principal shall institute Procedures pursuant to this Policy.

POL. 5.9. Physical Restraint and Seclusion Policy (Approved 27.03.2023)

Rationale

  1. Newlands College provides an environment that supports the achievement of all students’ and one that is safe for every member of the College community.
  2. On occasions, students exhibit behaviour that is challenging. This can pose a risk to both the student and to other students in terms of their learning. This can also be a health and safety risk to the emotional and physical safety of the student, other students, staff and the public.
  3. The College uses the following five principles, in relation to the use of physical restraint as part of the College’s processes and systems to manage challenging behaviour:

Principle 1: Physical restraint is a serious intervention. The aim is to minimise the use of physical restraint.

Principle 2: If there is an alternative to physically restraining a student, use the alternative.

Principle 3: The school is required to provide a safe physical and emotional environment for students and staff. Parents, students and the public have a legitimate expectation that the school environment will be a safe environment that supports learning.

Principle 4: The Ministry of Education, Te Mahu, publication Aramai He Tētēkura, February 2023 P24-25, provides for the circumstances when teachers and authorised staff members may physically restrain a student. In exercising these powers, teachers and authorised staff members must act reasonably and proportionately in the circumstances to achieve a safe environment for students and staff.

Seclusion is prohibited.

Principle 5: Students’ rights are protected under the Bill of Rights Act 1990.

GUIDELINES

  1. Physical restraint can only be used by teachers or authorised staff members. Teachers are people employed in a teaching position at a school. This includes a person with a Limited Authority to Teach, and a relief teacher employed by the employer (e.g. Board, sponsor or manager). All teachers are automatically authorised to act under the legislation. Only the Board may authorise a non-teaching staff member, e.g. Teacher Aide, for the purposes of  Education and Training 2020 Act section 99. Authorisation will be in writing and it may be revoked by the Board at any time.
  1. Where a student has a known behavioural issue or previous behaviour problems the College’s enrolment procedures will encourage parents and support networks to share this information. This will enable the College to,
    1. Provide the best support it can for the student to enable the student to achieve to their academic potential
    2. Minimises the risks of behaviour which may negatively impact the student’s academic and/or social development and well-being
    3. Put in place an individual behaviour plan if required, in consultation with the student and their parent/caregiver.
  2. If physical restraint is an element of any student’s individual behaviour plan, the Principal must ensure that the parent/caregiver of the student is notified when that plan is created.
  1. The College manages all student behaviour in accordance with its pastoral care systems, the School’s Health and Safety Policies and the applicable law. This places emphasis on preventative or de-escalation techniques, with alternatives to physical restraint to be used in preference. Seclusion is not an acceptable practice, although the use of time out is.   
  1. In accordance with current law,
    1. Physical restraint may only be used if it is necessary to prevent imminent harm to the student or another person,
    2. If such risk is considered to exist, the physical restraint used must be reasonable and proportionate to the circumstances
    3. The authorised staff member must reasonably believe there is no other option available in the circumstances to prevent the harm
  2. ‘Physical restraint’ means the use of physical force to prevent, restrict, or subdue the movement of the student’s body or part of the student’s body.
  1. Teachers and authorised staff members will need to use their professional judgement to decide what constitutes “a serious and imminent risk to safety”.
  1. The Principal will ensure adequate training is provided to staff who may be involved in the physical restraint of students
  1. The Principal shall institute Procedures pursuant to this Policy


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