LAY PRINCIPALS IN CATHOLIC SECONDARY COLLEGES Catholic Education Commission of Victoria Procedures March 2006
CONTENTS 1 PREAMBLE: THE TEACHING MISSION OF THE CHURCH... 2 1.1 THE CHURCH AUTHORITY... 3 2 OVERVIEW: THE CATHOLIC COLLEGE PRINCIPAL... 4 3 RESPONSIBILITIES OF THE PRINCIPAL... 6 3.1 THE MISSION OF THE CATHOLIC COLLEGE... 6 3.2 FAITH DEVELOPMENT AND RELIGIOUS EDUCATION... 6 3.3 EDUCATIONAL LEADERSHIP... 6 3.4 PASTORAL CARE... 7 3.5 STAFF MANAGEMENT... 7 3.6 ADMINISTRATION AND FINANCIAL MANAGEMENT... 7 3.7 STRATEGIC PLANNING... 8 4 RESPONSIBILITIES OF THE CHURCH AUTHORITY... 9 4.1 SELECTION AND APPOINTMENT... 9 4.2 REMUNERATION AND CONDITIONS... 9 4.3 PASTORAL CARE AND SUPPORT... 9 4.4 PRINCIPAL INDUCTION... 9 4.5 REGULAR NEGOTIATION OF LEADERSHIP GOALS... 9 4.6 PERFORMANCE REVIEW... 10 4.7 REAPPOINTMENT.... 10 5 SELECTION AND APPOINTMENT OF PRINCIPALS... 11 5.1 CONSULTATION... 11 5.2 ADVERTISEMENT... 11 5.3 CRITERIA AND ADDITIONAL INFORMATION... 12 5.4 PROCESSING OF APPLICATIONS... 13 5.5 INTERVIEW PANEL... 13 5.6 THE CHAIRPERSON... 14 5.7 TIMELINE... 15 5.8 SHORT LISTING... 16 5.9 CONTACTING REFEREES... 17 5.10 THE INTERVIEW... 17 5.11 POST INTERVIEW PROCEDURES SUCCESSFUL APPLICANT... 18 5.12 POST INTERVIEW PROCEDURES UNSUCCESSFUL INTERVIEWEES... 19 5.13 APPOINTMENT... 19 6 INDUCTION OF NEWLY APPOINTED PRINCIPALS... 20 6.1 PRIOR TO ASSUMING APPOINTMENT... 20 6.2 ON ASSUMING THE POSITION... 21 6.3 COMMISSIONING... 21 7 APPOINTMENT OF AN ACTING PRINCIPAL... 22 7.1 SHORT-TERM APPOINTMENTS... 22 7.2 MEDIUM / LONG-TERM APPOINTMENTS... 22 8 PERFORMANCE REVIEW OF THE PRINCIPAL... 23 8.1 THE PURPOSES OF THE REVIEW PROCESS... 23 8.2 OVERVIEW OF THE PROCESS... 23 8.3 PHASE ONE: DEVELOPMENT OF AGREED LEADERSHIP GOALS... 24 8.4 PHASE TWO: ANNUAL REPORT ON PROFESSIONAL PERFORMANCE... 26 8.5 PHASE THREE: FORMATIVE APPRAISAL... 27 8.6 PHASE FOUR: SUMMATIVE APPRAISAL... 29 APPENDICES... 33 APPENDIX 1: EMPLOYMENT CONTRACT VERSION 1 RELIGIOUS INSTITUTE OWNED COLLEGES: FOR PRINCIPALS OF SECONDARY COLLEGES... 33 APPENDIX 2: EMPLOYMENT CONTRACT VERSION 2 REGIONAL COLLEGES: FOR PRINCIPALS OF SECONDARY COLLEGES... 39 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 1
1. PREAMBLE: THE TEACHING MISSION OF THE CHURCH The Catholic Church establishes schools because it has in a special way the duty and right of educating, for it has a divine mission of helping all to arrive at the fullness of Christian life. (Canon 794#1) Canon law continues to provide guidance: A Catholic school is understood to be one which is under the control of the competent ecclesiastical authority or of a public ecclesiastical juridical person, or one in which a written document is acknowledged as Catholic by the ecclesiastical authority. (Canon 803#1) The diocesan bishop has the right to watch over and inspect Catholic schools situated in his territory, even those established or directed by members of religious institutes. He has also the right to issue directives concerning the general regulation of Catholic schools; these directives also apply to schools conducted by members of a religious institute, although they retain their autonomy in the internal management of their schools. (Canon 806#1) Thus Catholic secondary schools established and auspiced by the Church, conduct a ministry that is informed by the Gospel message and the person of Jesus Christ. The call of the Church is to evangelise, spread the good news of Jesus Christ and to invite to membership of the kingdom. The Catholic school shares that mission. It is to be a school for the human person and of human persons because the promotion of the human person is the goal of the Catholic College. (The Catholic School on The Threshold of The Third Millennium, 1997 (CSTTM), #9) The Catholic school is also called to offer excellence in education for that which does not reproduce the characteristic features of a school cannot be a Catholic school. (The Catholic School, 1977, #25). Further, Canon Law states clearly that: Those who are in charge of Catholic schools are to ensure, under the supervision of the local Ordinary, that the formation given in them is, in its academic standards, at least as outstanding as that in other schools in the area. (Canon 806#2) It must always be remembered, however, that it is in the person of Christ that the fullness of truth concerning man [sic] is to be found. (CSTTM, #9) At the same time, the Catholic school must be related to the world of politics, economy, culture and society as a whole. (CSTTM, #16). As recipient of substantial levels of public funding, the school owes a duty of accountability to the wider society in which it is located. Page 2 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
Similarly, as a part of that society, the Catholic school remains subject to civil law and regulation. This condition relates not only to matters of curriculum and financial accountability, but also to the management of human resources and employment. In the same way, the Church Authority which carries ultimate responsibility for the school is subject to those same canon and civil laws. Thus the Church Authority, as an employer, is subject to appropriate industrial agreements, legislative and common law and other statutory requirements. Furthermore, it is subject to principles of justice derived from the Gospel and outlined in a range of documentation covering Catholic social teaching (cf. Rerum Novarum, Laborem in Exercens). Catholic secondary schools in Victoria are governed in a variety of ways: by religious institutes, by diocese, by individual parishes, by groups of parishes through the Association of Canonical Administrators, separately, or a combination of these. This document presents roles, responsibilities and procedures applicable to all these models of governance. They are intended to ensure good professional practice and mutual justice in the process of employment of a Catholic College Principal and in the ongoing employment relationship. They attempt to encompass the requirements of civil and canon law in the context of the right relationships to which the Gospel calls us. 1.1 The Church Authority Throughout this document, the term Church Authority is used to refer to the person or persons carrying legal responsibility for the College and thus having authority and responsibility as employer. The Church Authority may be a religious institute, a diocese, an individual parish, an Association of Canonical Administrators, or a combination of these. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 3
2. OVERVIEW: THE CATHOLIC COLLEGE PRINCIPAL The Catholic College Principal is the agent and representative of the appropriate Church Authority in matters pertaining to the leadership and management of the College. That leadership is acted out in the personal, spiritual and professional conduct of the Principal. The Principal s leadership style needs to be in accordance with the mission of the Church and therefore be collaborative, respectful of the principles of subsidiarity and faith filled. The Principal is normally the Executive Officer of the College Board or Council. As such, he or she is responsible for carrying out the policies of the relevant Church Authority within the context of that College. He or she carries specific responsibility for: ensuring that the College religious education program is conducted in accordance with current diocesan policies and guidelines; delivering curricula which are relevant to student needs and in accordance with regulatory requirements; ensuring that all staff meet appropriate professional standards; providing for appropriate pastoral care for staff and students; conducting the College as a Christian community in accordance with the teachings of the Catholic Church and the charism of the Religious Institute; accounting to relevant authorities for educational outcomes and the financial management of the College; engaging, deploying, and terminating staff as necessary to conduct the College in accordance with the annual budget approved by the Religious Institute ( Annual Budget ); administering the College in accordance with the Annual Budget and the College s Vision and Mission statement as approved by the Religious Institute; ensuring the proper care and maintenance of College property within the limits set in the Annual Budget; ensuring compliance with all legal obligations relevant to the conduct of the College; facilitating adequate planning to ensure appropriate development for the College; liaising effectively with appropriate external agencies; and ensuring that the public image of the College is in accordance with the College s Vision and Mission. In turn, the Principal can expect the support of the Church Authority through: provision of just working terms and conditions genuine and supportive communication maintenance and communication of reasonable expectations of the Principal Page 4 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
pro-active provision of pastoral care of the Principal assisting with the Principal s efforts to deal effectively with the complex dynamics of Catholic secondary education preparedness to negotiate leadership goals with the Principal initiating of informal and formal review processes for the Principal s professional performance planning, in conjunction with the Principal, of professional development opportunities and appropriate enrichment leave. These are indicative of significant and onerous responsibilities carried by the Church Authority. It is acknowledged that they may, at times, extend beyond a particular body s level of expertise or comfort. However, it is appropriate that those responsible for the school owe a duty of care to the school for its direction and well-being and to the Principal as an employee of that Church Authority. It is envisaged that appropriate elements of these functions be delegated and / or that external consultants with a comprehensive understanding and appreciation of Catholic secondary education be utilised in these processes. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 5
3. RESPONSIBILITIES OF THE PRINCIPAL The responsibilities of a Principal are delegated from the Church Authority that controls the College and include a number of identifiable functions that are common irrespective of a College s setting. The Principal acts as the Church Authority s legal agent in undertaking these functions. The Principal will work in collaboration with this authority, staff members and the broader College community to achieve the identified goals of the College. All responsibilities of the Principal are executed within a context and framework of ministry that is inspired by the values and vision of the Gospel, and which seeks to enhance the Catholic identity of the College at all times. In the exercise of these responsibilities, the Principal is right to expect a mutuality of responsibility, that is, he or she can expect to receive the full care and support of the Church Authority in its role as employer. Specific duties associated with the role of the Principal are: 3.1 The Mission of the Catholic College The Principal must be cognisant of the College s vision and mission statement, be prepared to review and develop this at appropriate intervals of time, and use it as a point of reference with staff, the College Board or Council, parents and students in establishing priorities and in decision making. 3.2 Faith Development and Religious Education Central to the mission of the College is the Principal s role in establishing and nurturing a community where the Gospel of Jesus Christ is genuinely lived and cherished. Essential aspects of this role include: a. maintaining a visible presence and support for faith development activities including the prayer life of the College, liturgy and personal formation programs for students, staff and parents; b. responsibility under the authority of the Bishop of the diocese for the provision of religious instruction by means of a religious education program and for the maintenance of acceptable standards of religious education in accordance with the policies and guidelines of diocesan authorities; c. maintenance and development of the particular charism of the College. 3.3 Educational Leadership The Principal is charged with the responsibility of educational leadership. Specific functions associated with this responsibility are: a. ensuring that the curriculum of the College is responsive to the needs and expectations of students and parents, in line with statutory requirements; Page 6 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
b. ensuring that processes of ongoing curriculum review and development are built into the life of the College; c. creating a College climate in which the rights and responsibilities of students, teachers and parents are recognised in a manner which enables the delivery of an effective teaching and learning program; d. creating and maintaining a College climate where the professionalism of teachers is emphasised and directed towards the development and delivery of quality teaching and learning programs; e. accountability to statutory authorities and governments for the delivery of effective educational programs. 3.4 Pastoral Care The Principal is responsible for the provision of appropriate pastoral care for all students and staff, including the provision of specialist services where appropriate. This includes accountability for statutory responsibilities (such as mandatory reporting) associated with the welfare of students and staff. 3.5 Staff Management The Principal is responsible for all aspects of human resource management including: a. creating an atmosphere based on Gospel values, in which cooperation is valued above conflict; b. developing an understanding of and ensuring compliance with relevant federal and state legislation pertaining to the employment of staff, relevant awards and agreements, CECV, diocesan and school policies; c. deploying staff in an efficient and educationally effective manner; d. facilitating the just resolution of any interpersonal or workplace conflict; e. employment and induction of new staff members under guidelines provided by the Church Authority; f. planning and enacting programs of professional development for staff members; g. undertaking cyclical processes of professional review and appraisal with staff members. 3.6 Administration and Financial Management The Principal, is responsible for the effective administrative and financial management of the College. Specific responsibilities include: a. administration of College finances within the agreed annual budget; Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 7
b. establishment of effective procedures for the management of data collected by Catholic educational authorities, governments and statutory authorities and accountability for the accuracy of this data; c. supervision of the proper care and maintenance of College property and compliance with statutory regulations regarding all property services; d. contributing to clear and regular communication with the Church Authority, the College Board or Council, Catholic education authorities, government and other statutory authorities; e. acting as executive officer of the College Board or Council; f. maintaining effective and regular communication with parents; g. liaising with official organisations associated with the College and with the Catholic Education Office; h. provision of long term planning for the financial viability of the College in conjunction with the Board or Council. 3.7 Strategic Planning The Principal must undertake a leadership role in longer term planning that involves collaborative goal setting for the College as a whole, and as part of the Catholic education sector. Strategic planning also seeks to forecast and anticipate future needs with respect to factors such as changing enrolment patterns, the provision of new facilities, and planning responses to new patterns in educational provision. Page 8 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
4. RESPONSIBILITIES OF THE CHURCH AUTHORITY In its role as owner of the Catholic College, the Church Authority is responsible for ensuring that the educative mission of the Church is successfully carried out in that College in a manner mindful of local traditions and the charism of a Religious Institute which may conduct the College. In this, the Church Authority works closely with the College Board or Council and especially with the Principal. In that context, the following practices and procedures are designed to enhance that relationship, the Principal s professional performance and the quality of the College s educative mission: 4.1 Selection and Appointment 4.1.1. Selection and appointment of the Principal must be just, utilising transparent processes. The accompanying Procedures document provides such a process and whilst acknowledging the uniqueness of each College, the use of those procedures is expected. 4.2 Remuneration and Conditions 4.2.1 It is the responsibility of the Church Authority to provide remuneration and working conditions that accord with determinations of the Salary and Conditions Board. 4.3 Pastoral Care and Support 4.3.1 The Church Authority, as employer, owes a duty of loyalty to the Principal and should be proactive in ensuring that the Principal is cared for and supported. The effectiveness of the College as a Catholic educational institution remains the responsibility of the Church Authority and it is incumbent on that Authority to ensure the existence of a healthy professional relationship between Principal and Church Authority. This does not preclude robust discussion and debate, where it is necessary, but this must always be carried out in an appropriate forum and in an atmosphere of mutual respect. 4.4 Principal Induction 4.4.1 The Church Authority is responsible for establishing and implementing a process of induction for the newly appointed Principal. This process should begin from the time the appointment is made and merge with a program of ongoing support over coming years. 4.5 Regular Negotiation of Leadership Goals 4.5.1 It is the Church Authority s most serious responsibility to negotiate meaningful leadership goals with the new Principal. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 9
It is these leadership goals that will form the basis for annual, formative and summative review at the appropriate times. 4.6 Performance Review 4.6.1 Having appointed a Principal, the Church Authority of a Catholic College has a responsibility for the person and his/her professional well-being, demonstrating in its relationship with him/her the Gospel values of trust, justice, acceptance and commitment to mutual growth. 4.6.2 The review of a Principal s professional performance, on agreed terms, provides the Church Authority and the Principal with an opportunity to evaluate their relationship and its outcomes within the context of the purpose and mission of the College, its traditions and stage of development. 4.6.3 Informal assessment of a Principal s performance is continually made by most groups associated with the College and perhaps most closely by the Church Authority. Because such assessment can be ad hoc and subjective, the Church Authority has the obligation to protect the Principal from unbalanced and wrongly perceived critical assessment while, at the same time, bring to the Principal s attention the matters that may have given rise to such perceptions. 4.6.4 The matter of the review of the Principal s professional performance is one of diplomacy and sensitivity. The Principal has a highly visible role within the College community. Any critical review of the Principal, implicit as well as explicit, must be structured to preserve the utmost confidentiality and the personal standing of the Principal within the College. 4.6.5 These matters can be effectively addressed by a transparent process that is clearly criterion based. It is fundamental that the Principal and the Church Authority have a mutual understanding of the leadership goals on which the Principal s professional performance will be assessed and decisions about future contracts will be made. 4.7 Reappointment 4.7.1 In the penultimate year of the Principal s Contract a Summative Appraisal of the Principal is scheduled to take place. Following its conclusion, the decision concerning reappointment will be made by the relevant Church Authority. Page 10 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
5. SELECTION AND APPOINTMENT OF PRINCIPALS While the autonomy and uniqueness of each Catholic College in Victoria is acknowledged and valued, the following Procedures are provided in the interests of equity and transparency. They are designed to ensure that Church Authorities and Principals are able to maintain and enhance the particular charism and local ownership of the College, and, at the same time, are treated fairly, in a fashion comparable across Victorian Catholic secondary Colleges. 5.1 Consultation 5.1.1 When the Church Authority of a College, owned and operated by a parish or a group of parishes or by a diocese, decides to move towards the appointment of a Principal, the Director of Catholic Education should be informed of its decision. Consultation can then occur whereby general diocesan policy can be explained and sensitively adapted, where required, to local circumstances. 5.1.2 When a Religious Institute decides to move towards the appointment of a lay Principal in a College under the jurisdiction of that Institute, the Institute informs the Director of Catholic Education as a matter of courtesy. The Institute is invited to make use of the resources of the Catholic Education Office throughout the process of interview and appointment. 5.1.3 It is desirable that as much time as possible be made available for the process of selecting and appointing a Principal so that a person currently holding a position of responsibility in his/her present College can give adequate notice to his/her employer. 5.2 Advertisement 5.2.1 Advertising for the position of Principal on the Internet and in the Catholic and daily press will be undertaken by the diocesan Catholic Education Office (or by a Religious Institute) on behalf of the College. The content and format of the advertisement should relate specifically to the College involved and comply with general policies of the Church and diocesan authorities and relevant equal opportunity and anti-discrimination legislation. 5.2.2 Advertisements pertaining to parish and diocesan Colleges will be placed under the banner of the College. Applications will be directed to the diocesan Catholic Education Office. Director of Catholic Education Director of Catholic Education Catholic Education Office Catholic Education Office PO Box 3 PO Box 576 EAST MELBOURNE 3002 BALLARAT 3353 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 11
Director of Catholic Education Director of Catholic Education Catholic Education Office Catholic Education Office 181 McCrae Street PO Box 322 BENDIGO 3550 WARRAGUL 3820 5.2.3 Advertisements pertaining to a College under the jurisdiction of a Religious Institute will be placed by the Institute under the banner of the College or of the Institute. Applications will be directed to the Institute for processing. 5.2.4 A closing date for applications will be specified in the advertisement. 5.2.5 All applications for parish and diocesan Colleges will be formally made on a standard form drawn up by the diocesan Catholic Education Office. Religious Institutes may use forms of their own devising. 5.2.6 This form will include a request for the names and addresses of three referees, at least one of whom is a Parish Priest. 5.2.7 While the appropriate Catholic Education Office or the Religious Institute meets all administrative costs involved, the cost of advertising in the press nominated by the Church Authority will be met by the College. 5.3 Criteria and Additional Information 5.3.1 It is the responsibility of the Church Authority, desirably in consultation with the College Board or Council, to articulate the criteria on which the appointment will be based and to publish these for applicants information. 5.3.2 Criteria should include: clear reference to the applicant s commitment to the Catholic Church the availability of a current Criminal Records check. 5.3.3 The Church Authority will prepare and supply an appropriate information package for intending applicants. This will include: a copy of the published criteria a comprehensive profile of the College, including the stated goals/directions of the College and a structural analysis addressing issues that will impact on the Principal's role model of governance, enrolment situation, College image and ethos, etc. an indication of the salary and conditions applicable Page 12 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
reference to any particular conditions pertaining to the appointment the timeline for the process an indication that the Church Authority reserves the right to contact referees of its own choosing. 5.3.4 Intending applicants should also be advised that they are required to provide CERTIFIED COPIES of: evidence of identity (e.g. birth certificate or passport) and, where necessary, evidence of change of name (e.g. marriage certificate) Victorian Institute of Teaching registration (or existing capacity to obtain such registration) initial teaching qualification accreditation to teach Religious Education in Victorian Catholic Schools further academic qualifications In addition to the above, applicants from outside Victorian Catholic education are required to provide statements of service from current and previous employers. 5.4 Processing of Applications 5.4.1 In the case of parish and diocesan Colleges, the diocesan Catholic Education Office will acknowledge all applications, obtain references and other information sought on the application form and compile and distribute them to members of the Interview Panel. Religious Institutes will carry out this function for Colleges under their jurisdiction. 5.5 Interview Panel 5.5.1 The task of the Interview Panel is to recommend to the Church Authority the person chosen for the position of Principal. Only for very grave reasons would the Church Authority choose not to accept the recommendation of the Interview Panel. 5.5.2 All proceedings of the Interview Panel must be strictly confidential and no information gained from applicants should be divulged to any persons or organisation outside the Panel. 5.5.3 Current staff members of the College are not appointed to the Interview Panel. 5.5.4 It is important that the Interview Panel becomes familiar with the leadership needs of the College. This familiarization may involve Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 13
the Canonical Administrators, College Board/Council, staff, students and parents. 5.5.5 For parish and diocesan Colleges, the Interview Panel should usually comprise: (a) a representative of the Church Authority and two nominees of the College Board or Council including the Chairperson of the Board or Council; (b) an educationalist, with current expertise in secondary education, who is not connected with the College and who is nominated by the Church Authority. It is recommended that this be a current or former Principal of a Catholic secondary College; (c) a nominee of the diocesan Director of Catholic Education; (d) where appropriate, a nominee of the Leader of the Religious Institute which appoints religious to the staff by formal agreement. 5.5.6 For Colleges under the jurisdiction of a Religious Institute, the Interview Panel should usually comprise: (a) one or two representatives of the Religious Institute; (b) one or two nominees of the College Board or Council including, normally, the Chairperson of the Board or Council; (c) an educationalist, with current expertise in secondary education, who is not connected with the College and who is nominated by the Religious Institute. It is recommended that this be a current or former Principal of a Catholic secondary College. (d) a nominee of the diocesan Director of Catholic Education. 5.5.7 Attention should be given to an appropriate gender balance in the composition of the Panel. 5.5.8 Panel members should: (a) ensure they are available for all meetings and all interviews; (b) familiarise themselves with the role description and other requirements of the position; (c) make sure candidates fulfil basic criteria; (d) develop, with the Chairperson, questions that relate specifically to the published criteria and allow for breadth of coverage with clarity and consistency; (e) declare any prior knowledge or working relationship they may have with any of the applicants. 5.6 The Chairperson 5.6.1 The Chairperson of the Interview Panel is appointed by the Church Authority. In the case of parish and diocesan Colleges, Page 14 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
this appointment occurs after consultation with the diocesan Director of Catholic Education. 5.6.2 The major role of the Chairperson is to oversee the process of interview, including appropriate correspondence, to ensure that it is fair and just, that it complies with appropriate policy and procedures and to the requirements of employment law. 5.6.3 The responsibilities of the Chairperson include: (a) developing a process to brief and provide opportunities for panel members to understand their role; (b) establishing a workable timeline for the process within the established timeframe; (c) ensuring distribution of relevant documentation; (d) ensuring the Director of Catholic Education or the Leader of the Religious Institute (and/or their delegate as appropriate) is informed of progress at each stage of the process; (e) ensuring that the name of the preferred applicant is forwarded to the Church Authority; (f) ensuring the maintenance of accurate official files and records to be forwarded to the appropriate authority at the conclusion of the process; (g) providing feedback, based on documentation, to applicants if required; It may be appropriate for the Chairperson to seek the advice of the Director s nominee or other experienced panel members in briefing the Panel. 5.6.4 The Chairperson of the Panel should ensure that at the initial meeting the following points are covered: (a) the timeline for the process; (b) the role of the Panel; (c) clarification of the published selection criteria; (d) clarification of the difference between essential and desirable criteria; (e) the necessity for absolute discretion and confidentiality about applicants' data; (f) the role and expectations of panel members before they meet to shortlist; (g) legislative requirements; (h) responsibilities of the Chairperson. 5.7 Timeline 5.7.1 The timeline developed by the Panel should include: the closing date for applications; Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 15
the date by which short listing will be completed; and the date/s on which interviews will be carried out. 5.7.2 The timeline should be made available to the Church Authority and the diocesan Director of Catholic Education. It should be included in the package of information sent in response to enquiries. 5.7.3 Except in exceptional circumstances, the Church Authority should be in a position to announce the appointment within eight weeks of the first appearance of the advertisement. 5.8 Short Listing 5.8.1 Short listing for interview is the task of the whole panel. 5.8.2 Process: (a) All applicants who meet the published selection criteria should be considered for short listing for an interview. (b) Each applicant must be assessed on the degree to which the published criteria are met. This assessment must be based on data grounded in evidence. This evidence is identified in each candidate's letter of application, curriculum vitae, written references and through communication with referees. It must be characterised by fairness and objectivity and give due attention to legal requirements. (c) Interview Panels must be able to clearly justify the reasons for their shortlist, both to themselves and to other authorities if required. (d) Those applicants not to be given an interview should be informed by the Church Authority, in writing, before any interviews take place. (e) Applicants short listed for interview will be invited by the Church Authority and informed of the composition of the Interview Panel. (f) The Church Authority will forward to the Bishop, via the diocesan Director of Catholic Education, a schedule of short listed applicants for ratification. This ratification must be received by the Church Authority prior to any applicant being invited for interview. If the Church Authority is not directly involved in the process of short listing, this schedule is to be made available by the Chairperson of the Panel to that authority for approval. (g) If applicants who have not been included on the shortlist require feedback in relation to their meeting the established and published criteria, this feedback can be objective because it is grounded in evidence. Page 16 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
5.9 Contacting Referees 5.9.1 Referees are assisted by being provided with a number of areas on which to comment, such as suitability, readiness, and skills for the position at this stage of the applicant's career. They should also be provided with a copy of the published criteria. 5.9.2 Contact with referees should be made by the Chairperson of the Interview Panel or his/her delegate prior to or after an interview, if there are gaps or further questions that arise in the Panel's deliberations in the short listing process or during interview. 5.9.3 If the Panel is seeking further information from referees by telephone, members of the Panel should formulate questions of clarification. 5.9.4 Caution should be exercised with regard to the provisions of the Privacy Act if the Panel considers contacting persons other than those nominated by the applicant. The applicant must be informed that other referees may be contacted at the discretion of the Church Authority. 5.10 The Interview 5.10.1 The purpose of the interview is to: (a) (b) (c) (d) gain clarification and amplification of the detailed written information available on each applicant, not a repetition of material already provided in the curriculum vitae; gain a deep understanding and knowledge of the applicant as a person, of his/her underlying attitudes, aspirations, goals, skills and leadership style, in order to build a real picture of the applicant; assess the candidate on a set of predetermined criteria in the context of the above knowledge and understanding; decide the relative strength or merit of each applicant to meet the requirements of the position. 5.10.2 Interview questions should be consistent with the overall vision and mission of the College. 5.10.3 In the event of the Panel being unable confidently to recommend a preferred candidate, it may recommend to the Church Authority that the position be re-advertised or that an alternative course of action be pursued. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 17
5.11 Post Interview Procedures Successful Applicant 5.11.1 The Chairperson of the Panel informs the Church Authority of the Panel s recommendation. 5.11.2 Prior to any contact being made with the successful applicant, the Church Authority refers the nomination to the Bishop through the diocesan Director of Catholic Education. Similarly, the Bishop notifies the Church Authority of his ratification through the diocesan Director. 5.11.3 After the Bishop s ratification of the appointment has been received, the successful applicant is contacted by the Church Authority and asked to attend a meeting where a written offer of the position is made. The successful applicant may wish to discuss the details of the contract with the Church Authority and may wish to have a member of the Principals Association in Victorian Catholic Secondary Schools (PAVCSS) or other nominated person present. The Church Authority may also wish to be represented by the diocesan Education Office or other nominated person. 5.11.4 Prior to inviting acceptance of the written offer and to any public announcement, the Church Authority should reach mutual agreement with the successful applicant on the following matters: (a) the proposed starting date; (b) (c) (d) (e) the salary; other conditions related to employment, eg. duration of contract, long service leave, superannuation, annual leave, enrichment leave, relocation costs (where necessary), etc. in accordance with the current Determination of the Salary and Conditions Board for Lay Principals Under Contract in Victorian Catholic Secondary Schools; details associated with the public announcement of the appointment, including notification to the College Board or Council prior to announcement to the College community; and subsequent arrangements eg. meeting with staff etc. 5.11.5 Once agreement on these matters has been reached, the Church Authority should seek written acceptance from the preferred applicant. Both parties should be aware that, at this stage, a valid contract exists. The Bishop s ratification of the appointment is a non-negotiable requirement. Page 18 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
5.12 Post Interview Procedures Unsuccessful Interviewees 5.12.1 Once a contract is in place, and prior to announcement of the appointment, unsuccessful applicants who were interviewed should be notified by telephone by the Chairperson of the Panel or delegate. This initial notification should be followed by a formal letter from the Church Authority. The Chairperson of the Panel (or delegate) should be prepared to give feedback orally, preferably at a later date, if required. 5.13 Appointment 5.13.1 When the matters referred to in 5.11.4 (above) have been agreed to and unsuccessful interviewees have been informed, the Church Authority and the appointee are free to announce the appointment at an agreed time and by mutually agreed means. The appointee should be afforded the opportunity personally to inform significant people prior to announcement. If the appointee is currently employed in another College, it is important that announcements in both Colleges are coordinated. 5.13.2 At this point, a formal letter of appointment from the Church Authority to the appointee is prepared and sent; the letter of appointment is to include a statement of the agreed terms and conditions associated with the offer of appointment and to indicate that a formal letter of acceptance from the appointee to the Church Authority is required. 5.13.3 Once the appointment process is finalised, the Church Authority initiates an induction process for the appointee. This process would include introduction to and familiarisation with the College and its community and negotiation of a set of leadership goals for the initial period of the contract. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 19
6. INDUCTION OF NEWLY APPOINTED PRINCIPALS 6.1 Prior to Assuming Appointment 6.1.1. Before the appointee assumes the Principalship, he/she is likely to retain significant responsibility at his/her present College, usually until the end of the school year. That must remain the appointee s principal professional focus. At this point, then, an induction process must of necessity be introductory in nature. Emphasis should be on welcoming the appointee. 6.1.2. If the appointment is an internal one (for example, if a Deputy Principal is appointed to the Principal s position) it is clear that the induction process will be of a different nature. Similarly, if the appointee lives at a considerable distance from his/her new College, or if the appointee has considerable experience as Principal in other schools, different modes may be called for. 6.1.3 Prior to the appointee assuming the position, the Church Authority should: a) nominate a representative, who possesses an understanding of the school context and relevant educational experience and expertise, to liaise with the appointee; b) ensure that contractual matters are finalised and the contract of employment is signed; c) provide broad familiarisation with the College as appropriate. This should include: initial introduction of the appointee to the College community arranging of introductory meetings with senior staff of the College assisting with the relocation process where a residential relocation is necessary; (while relocation remains the responsibility of the appointee, necessary removal costs are a matter for negotiation between the appointee and the Church Authority S&CB, Det. No. 20, 11.3) informing the PAVCSS of the appointment ensuring that the appointee receives College newsletters, magazines, etc. until such time as the appointment is assumed encouraging the appointee to engage in any induction program, such as mentoring, offered by the PAVCSS and the Catholic Education Office. provision of other information to the appointee as requested or as deemed appropriate. Page 20 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
6.1.4 It is normal practice for an appointee to apply for a reasonable number of days leave from his/her present position to visit the new College prior to the end of the College year. Granting of such leave is at the current employer s discretion. 6.2 On Assuming the Position 6.2.1 Once the appointee has assumed the position of Principal, the induction process continues in a more intensive manner. The role of the Church Authority s liaison person increases in importance as it is his or her responsibility to ensure a more comprehensive introduction to the life of the College for the newly appointed Principal. This may include: introduction to staff provision of a comprehensive overview of issues facing the College (demographics, development plans, curriculum issues, staffing issues, relationships with significant groups, etc.) provision of an overview of the financial situation of the College introduction to management/administrative staff and processes introduction to other significant persons in the life of the College and its organisation (e.g. Canonical Administrators, legal advisors, etc.) familiarisation with plant and facilities introduction to the Board or Council and its processes introduction to the Parents and Friends Association and arrangements within that organisation ensuring that College policies and documentation are available for the Principal s use. Where a Religious Institute is the Church Authority and there is a desire to maintain a particular charism within the College, the Institute should provide ample opportunity for the new Principal to be immersed in the spirit of the Institute. 6.3 Commissioning 6.3.1 It is highly recommended that a formal commissioning ceremony be conducted as close as possible to the beginning of the school year. In some schools, it may be appropriate to conduct this in the context of a Sunday liturgy, while in others the school community is a more appropriate grouping. The ceremony should always highlight, inter alia, the religious nature of the College and the Principal s position as an educational and faith leader. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 21
7. APPOINTMENT OF AN ACTING PRINCIPAL 7.1 Short-term Appointments 7.1.1 In an instance of short-term replacement of a Principal (for a period of less than one College term) the appointment is normally made by the Church Authority as an internal matter. The diocesan Director of Catholic Education should be notified and relevant details should be forwarded for information and records. 7.2 Medium / Long-term Appointments 7.2.1 Where the term of appointment of an Acting Principal is likely to exceed one College term or equivalent, the ratification of the Bishop is necessary. The Church Authority should seek this ratification through the diocesan Director of Catholic Education. Page 22 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
8. PERFORMANCE REVIEW OF THE PRINCIPAL The Performance review of the Principal will remain in its current form until such time as the Review of the Registered Schools Board is implemented and its impact on the Performance Review of the Principal is discussed. 8.1 The Purposes of the Review Process The review process is structured to: provide ongoing feedback to the Principal confirm and affirm the work of the Principal encourage the Principal as a reflective practitioner identify areas in performance requiring further development provide an avenue to robust, structured professional conversation between the Principal and the Church Authority as employer provide a means of accountability to the Church Authority and to the wider College community provide opportunity for the Church Authority to make appropriate input into the direction of the College inform decisions about the Principal s further professional development inform decisions about future contracts. 8.2 Overview of the Process 8.2.1 The process is predicated on the existence of a professional relationship between the Church Authority and the Principal. It provides the opportunity for the Principal to be constantly selfcritical by regularly considering performance in concrete terms. 8.2.2 The process, using a Management by Objectives (MBO) approach, is continuous and ongoing, with particular peak-points at the end of each year and at the time of each of the appraisals. 8.2.3 The process of review has four major components: 1. regular negotiation, between the Principal and the Church Authority, of agreed leadership goals encompassing the role of the Principal; 2. an annual written report by the Principal to be discussed with the Church Authority; 3. a mid contract formative appraisal, validated by a small visiting Panel; 4. a summative appraisal during the penultimate year of contract that will inform the Church Authority s decision about a further period of contract. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 23
8.2.4 It is intended that the two appraisals should not be too onerous, as they should be a time when the Principal s ongoing reflection on performance is synthesised. The appraisals are considered to be a part of the overall review process and not a one-off event. 8.2.5 Throughout this process, the Church Authority may delegate any or all of its designated functions (other than the decision regarding the offer of a further period of contract) to the Chairperson of the College Board or Council, or may choose to act jointly with the Chairperson of the Board or Council. 8.2.6 It is recommended that the Principal and the Church Authority consider the use of an independent consultant to facilitate the process of negotiating the criteria to be used. The use of such a facilitator should not, however, detract from the importance of the professional relationship between Principal and Church Authority. 8.2.7 The appraisals will take into account the responsibilities of the Principal to the Employer as per Clause 5 of the Employment Contract as well as negotiated leadership goals. 8.3 Phase One: Development of Agreed Leadership Goals 8.3.1 As stipulated in the Contract of Employment drawn up between the Principal and the Church Authority, both parties will meet to negotiate a series of leadership goals by which the Principal s performance will be evaluated. This will occur initially at the beginning of the Principal s appointment and recur on at least an annual basis preferably by no later than the start of each school year during the term of the contract. These goals will be documented and signed by both the Principal and the Church Authority. It may be appropriate for either party to seek external assistance in formulating these goals eg. diocesan Diocesan Catholic Education Office, Religious Institute, PAVCSS. 8.3.2 Initially, leadership goals will reflect the needs of the College and its stage of development as perceived by the Church Authority and the Principal. However, as growing awareness emerges regarding the needs of the College, these goals should be reviewed annually to include reference to particular skills and qualities that are required for the Principal to lead in a manner consistent with the values and ethos of a Christian community. 8.3.3 These leadership goals must: reflect the shared vision of the Church Authority and the Principal Page 24 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
reflect priorities articulated in the College s development plan be subject to the influence of the Principal be attainable in the context of the College have clear, measurable or observable outcomes, expressed in ways that allow for the identification of indicators of achievement for each particular goal be regularly re-negotiated between the Church Authority and the Principal (i.e. remain current) 8.3.4 While leadership goals should be practicable and achievable, they should also provide the opportunity for Principal and Church Authority to stretch beyond the status quo. Clearly, the differing nature of various goals will be taken into full account in any process of review. 8.3.5 Leadership goals should be developed in each of the following areas: Religious Dimension, which may include - the spiritual leadership of the Principal - religious education and faith development of students - the public image of the College - maintenance and development of the charism of schools under the jurisdiction of a Religious Institute. Effective Learning and Teaching which may include - curriculum provision - standards of professional practice of staff - accounting for educational outcomes - management of resources for effective teaching Pastoral Care which may include - pastoral care of students - appropriate pastoral care of staff Management and Administration which may include - management of the human resources of the College - administration of the finances of the College - supervision of the College's property and the proper care and maintenance of that property - compliance with legal requirements - planning Community, which may include - development of the College as a Christian community Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 25
- development of appropriate relationships with parents - development of relationships with parishes and the wider Church - development of links with the wider community - liaison with external agencies. 8.3.6 While it is important that all these areas are addressed each year, the stage of development of the College will dictate that some will receive greater emphasis than others in a particular year. 8.3.7 Development of agreed leadership goals is a critical function, as the process: provides a platform for robust professional discussion between the Principal and the Church Authority, and provides the basis on which appraisal of the Principal s professional performance will be made at each level of the review process (annual, formative and summative). 8.3.8 This process should occur at least annually. Either the Principal or the Church Authority may deem it desirable or necessary to re-negotiate leadership goals at any time depending on circumstances that may arise. 8.4 Phase Two: Annual Report on Professional Performance 8.4.1 Towards the end of Years 1, 2, 3, 5 and 7 of the initial sevenyear contract (or Years 1, 2 and 4 of subsequent five-year contracts), the Principal will provide a written report to the Church Authority addressing each of the agreed leadership goals and providing evidence to demonstrate the extent to which that criterion has been met. 8.4.2 While in some cases, it may be possible to quantify this evidence, often it will not. The provision of qualitative or descriptive evidence is an important part of this process. 8.4.3 The Principal will meet with the Church Authority to discuss this report. The report will be used as a basis for: negotiating revised leadership goals for the following year identifying emerging strengths and weaknesses in the Principal s leadership developing a professional development plan for the Principal. 8.4.4 The effectiveness of this stage of the review is wholly dependant on the integrity of both parties. It provides, among Page 26 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
other things, a formal opportunity for the Church Authority to affirm the Principal or express any concerns that may be held about the Principal s performance. In the latter case, these matters can be addressed by the development of specific new leadership goals in the area of concern. Integrity in the process of Annual review will ensure that there are no surprises when the matter of further contract arises. 8.4.5 Nothing in this document prevents the Church Authority and the Principal from meeting more frequently to review leadership goals or performance. 8.5 Phase Three: Formative Appraisal 8.5.1 A formative appraisal of the Principal s professional performance will be conducted in the middle year of a contract. 8.5.2 While being a light touch process, this formative appraisal is intended to be a time of professional learning for the Principal, providing an opportunity for synthesised reflection on the early years of the contract, validated by peers. 8.5.3 At the same time, it is a reality check, providing a nonthreatening opportunity for both Principal and Church Authority to verify their perceptions of performance with those of the wider College community. It may also identify shortcomings in the Principal s performance that may be addressed prior to the summative appraisal in the penultimate year of contract. 8.5.4 For parish, diocesan and regional colleges, during the fourth term of the year prior to the middle year of contract, the Director will write to the Church Authority and to the Principal reminding them of the necessity to conduct such an appraisal during that year. For Congregational schools, the Religious Institute may assume this responsibility. 8.5.5 The Principal prepares a written self-assessment, addressing the negotiated leadership goals and providing quantitative and/or qualitative evidence of the extent to which each criterion has been met since the beginning of the contract. The Annual reports for previous years will provide the bulk of material to be included. 8.5.6 For parish, diocesan and regional colleges, a Panel will be appointed by the diocesan Director of Catholic Education and the Church Authority. The Panel should consist of two experienced Catholic educators, one nominated by the Principal and the other nominated by the Church Authority Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 27
and a third person nominated by the diocesan Director of Catholic Education. 8.5.7 For schools under the jurisdiction of a Religious Institute, a panel will be appointed by the Religious Institute. The Panel should consist of two experienced Catholic educators, one nominated by the Institute and one by the principal and a third person who shall be agreed to by the Institute and the diocesan Director of Catholic Education. 8.5.8 The Panel will consider the Principal s report and conduct a limited validation exercise within the College community. 8.5.9 At a time mutually acceptable to panel members, the Principal and the Church Authority, the Panel will visit the College to interview the Principal and the Church Authority (or representative) and consult with a small sample of the wider College community (staff, Board or Council, parents, students). The Panel may choose to use a combination of survey, interview or observation in developing its perceptions. 8.5.10 The Panel may negotiate with the Principal to develop a small survey instrument for distribution to a representative sample of the College community prior to the College visit. Any such instrument will be based on the leadership goals agreed between the Principal and the Church Authority. Similarly, interviews will be structured around the agreed leadership goals. However, the panel may take into consideration other matters that may require attention in the future. 8.5.11 The validation process at this stage of the review would normally be completed in one or two days. 8.5.12 The Panel will prepare a brief report, commenting on: particular strengths noted the extent to which the Principal s and the Church Authority s own perceptions match those of the community anomalies they have observed areas in which the Principal might develop particular strategies in coming years; aspects of College life that may warrant development of additional leadership goals. 8.5.13 The Panel will meet with the Principal to discuss the report in its draft form and provide the opportunity for the Principal to respond to any issues arising. Page 28 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
8.5.14 The Panel presents the report to the Principal and to the Church Authority who will present a copy to the Chair of the College Board. 8.5.15 The report of the formative appraisal process remains confidential to the Principal, the Church Authority and the Chair of the College Board as it is basically a working document for Principal and Church Authority, designed to guide the setting of leadership goals in the coming period. 8.5.16 The Principal and the Church Authority will meet in the normal manner at the end of the year to review leadership goals for the following year. 8.6 Phase Four: Summative Appraisal 8.6.1 In the penultimate year of the Principal s contract, a summative appraisal of the Principal s professional performance will be conducted. The particular focus of this appraisal will be on the provision of advice to the Church Authority in the matter of a further contract for the Principal. 8.6.2 For parish, diocesan and regional colleges, during the fourth term of the year prior, the diocesan Director will write to the Church Authority and to the Principal reminding them of the necessity to conduct such a summative appraisal during the following year. For schools under the jurisdiction of a Religious Institute, the Religious Institute may assume this responsibility. 8.6.3 Because this appraisal will lead to a decision about reappointment of the Principal it is of necessity more rigorous. 8.6.4 The Principal will prepare a self review drawing on his/her own reports of previous years and the material provided by the Panel in the formative appraisal process. 8.6.5 That report will address each of the leadership goals that have evolved and been agreed upon with the Church Authority over previous years. The Principal will provide evidence either qualitative or quantitative of the extent to which he or she believes each of those leadership goals has been met. 8.6.6 For parish, diocesan and regional colleges, a Panel will be appointed by the diocesan Director of Catholic Education and the Church Authority. The Panel will consist of at least three persons having appropriate educational experience and expertise, one nominated by the Principal (who may be a peer), one by the Church Authority and one by the diocesan Director of Catholic Education. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 29
8.6.7 For Congregational schools, a panel will be appointed by the Religious Institute. The panel should consist of at least three persons having appropriate educational experience and expertise, one nominated by the Principal (who may be a peer), one nominated by the Institute along with a third person who shall be agreed to by the Institute and the diocesan Director of Catholic Education. 8.6.8 The Chair of the panel will be determined by the Church Authority. 8.6.9 In the formation of this Panel, attention should be given to appropriate gender balance and to the need for all members to have a comprehensive understanding of Catholic secondary education. 8.6.10 The Principal s nominee on the Panel is not present as advocate for the Principal, but rather, for the professional expertise and experience he or she brings to the role. 8.6.11 If the Principal and the Church Authority have made use of an external consultant to develop leadership goals, it is recommended that this consultant not be included as a member of the summative appraisal Panel. 8.6.12 Using a combination of survey of the College community, interviews and observation, the panel will review the Principal s work over the period of appointment by evaluating the evidence provided by the Principal to indicate achievement in each criterion. 8.6.13 Surveys and interviews should be negotiated with the Principal. Once the form and content of the survey has been agreed, it will be provided to potential respondents along with a stamped, addressed envelope for return to the Chair of the Panel. 8.6.14 The Panel may also ask that an invitation to request a survey form or to present for an interview with the Panel be posted in the College newsletter and/or on the staff notice-board. 8.6.15 The survey and interviews would generally be confined to the leadership goals that have been negotiated during the term of the Principal s appointment. 8.6.16 Similarly, it is critical that a vaguely expressed need for change not be part of the decision-making process. If a need for change is felt by significant members of the College community, this must be articulated in terms of leadership goals. Page 30 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
8.6.17 Respondents should be made aware that, while data will be included in the report only in aggregated form, the principles of natural justice 1 demand that, if the Principal s future expectation are to be negatively affected, the right of reply includes knowledge of sources of critique. This implies the possibility of disclosure of the source of particular pieces of data. Accordingly, neither anonymity nor confidentiality can be guaranteed to respondents. 8.6.18 The summative appraisal panel will prepare a report that addresses: commendations on the Principal s professional performance if the recommendation is that the Principal is offered a further contract, future directions for the Principal s professional development a recommendation to the Church Authority with respect to the future employment of the Principal. 8.6.19 Prior to finalising its recommendations, the panel will prepare a draft report which will be offered to the Principal for response. The panel may choose to adapt the draft in the light of the Principal s response. 8.6.20 The Panel should generally confine their considerations to the agreed leadership goals and base their recommendation on these leadership goals, acknowledging that goals are of various sorts. Ambitious goals, designed to stretch the Principals vision, for example, should be considered quite differently from mechanistic goals that reflect minimum performance. 8.6.21 The Panel will recommend that: a contract be offered to the Principal, or the Principal s contract not be renewed, or the Principal be offered a contract subject to certain conditions (which may include addressing specific new leadership goals 1 The rules of natural justice apply when a decision is being made that affects the rights, interests, status or legitimate expectations of a person. A legitimate expectation to an entitlement is a right or liberty that will not be removed without providing an opportunity to the person to put their case to the decision maker. A decision maker must give a person a reasonable opportunity to present his or her case and to hear the other side of any dispute or case before making a decision. The information disclosed to the person must be sufficiently precise to enable the person to properly present his or her case. The person must be informed of the matters to be considered by a decision maker and allowed adequate time to prepare submissions on these matters. In summary, the person has the right to be heard and the right to be provided with the details of the allegation they have to answer. (From the Victorian Institute of Teaching information pamphlet The Rules of Natural Justice. (n.d.)) Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 31
proposed by the Panel and presenting for a further summative appraisal within a designated time). The length of the contract being offered must be in accord with the appropriate Salary and Conditions Board determination regarding length of contract. 8.6.22 If the Panel s recommendation is that the Principal not be offered a further term of contract, clear reasons for such a decision must be articulated in the report. 8.6.23 The draft of the report and recommendations will be discussed with the Principal before it is presented to the Church Authority. This will provide the Principal with an opportunity to respond to any issues that the Panel has identified. 8.6.24 It is not required of the Panel that it includes the Principal s response to identified issues although it may choose to do so. While it is desirable that agreement is reached on the content of the report, should the Principal disagree with the content, the report will stand. The Principal may choose to append a written response to the Panel s report. 8.6.25 The report is presented to the Church Authority, the Chair of the College Board and to the Director of Catholic Education. 8.6.26 At a mutually agreed time the Church Authority will meet with the Principal and the Panel to discuss the contents of the report. 8.6.27 The report belongs to the Principal and the Church Authority and a copy is made available to the Director of Catholic Education. The Church Authority and the Principal may agree to present an outline of the process to sections of the College community. Any such presentation provides an opportunity for affirmation of the Principal s leadership. 8.6.28 Parts of the report may be made available to selected sections of the College community. This remains a matter for the Principal in consultation with the Church Authority. Page 32 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
VERSION 1 RELIGIOUS INSTITUTE OWNED COLLEGES APPENDIX 1 Between: EMPLOYMENT CONTRACT FOR PRINCIPALS OF SECONDARY COLLEGES [Insert Name of Employee] ('Principal') and [Insert name of Ecclesiastical Authority] ('Employer') RECITALS A. [Insert Name of School] ('College') is a Catholic secondary college conducted by [Name of Religious Order or Institution] ('Institution/Order'). B. The Employer is the [Insert Position in the Institute/Order] and is authorised by the Institute/Order to conduct the College and engage the Principal. C. The Employer has offered to appoint the Principal as principal of the College and the Principal has accepted the appointment on the terms and conditions set out in this contract. OPERATIVE PROVISIONS Term of Appointment 1. The Employer must appoint the Principal to be the principal of the College on the terms of this contract from [insert date] until [insert date] or such earlier date as may be determined by either party in accordance with clauses 17 or 18 ('Termination of Contract'). 2. The Principal must serve the Employer as principal of the College during the Term of Contract in accordance with the terms of this contract. Delegation 3. The Employer may from time to time delegate any powers, rights or authorities in relation to the conduct of the College to the College Board or other delegate, and the Principal must comply with all directives of the Board or delegate within the scope of such delegation. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 33
Religious Obligation 4. The Principal must strive to help students to understand, accept and appreciate Catholic teachings and values, and must in the performance of the role of principal of the College and at all times by personal example, avoid whether by word, action or lifestyle, influence upon students that is contrary to the teachings and values of the Catholic Church. Role of Principal 5. Subject to clause 6, the Principal will be responsible to the Employer for: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) ensuring that the College religious education program is conducted in accordance with current diocesan policies and guidelines; delivering curricula which are relevant to student needs and in accordance with regulatory requirements; ensuring that all staff meet appropriate professional standards; providing for appropriate pastoral care for staff and students; conducting the College as a Christian community in accordance with the teachings of the Catholic Church and the charism of the Religious Institute; accounting to relevant authorities for educational outcomes and the financial management of the College; engaging, deploying, and terminating staff as necessary to conduct the College in accordance with the annual budget approved by the Religious Institute ('Annual Budget'); administering the College in accordance with the Annual Budget and the College's Vision and Mission statement as approved by the Religious Institute; ensuring the proper care and maintenance of College property within the limits set in the Annual Budget; ensuring compliance with all legal obligations relevant to the conduct of the College; facilitating adequate planning to ensure appropriate development for the College; liaising effectively with appropriate external agencies; and (m) ensuring that the public image of the College is in accordance with the College's Vision and Mission. Page 34 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
6. The performance of the Principal's duties as specified in clause 5 is subject to the following conditions: (a) (b) The Principal must comply with all reasonable and lawful directives of the Employer and/or the Employer's authorised delegates. The Principal must comply with all policies approved by the Employer and/or the Employer's authorised delegates for application to the College. Remuneration and Benefits 7. The Employer must: (a) (b) provide to the Principal the remuneration and benefits determined from time to time by the Salary and Conditions Board of the Catholic Education Commission of Victoria; [other matters to be agreed] Performance Reviews 8. At the commencement of the Term of Contract and by no later than the start of each school year during the Term of Contract the Employer must, in consultation with the Principal, determine performance criteria in respect of the Principal's duties and responsibilities stated in clause 5 against which the performance of the Principal can be assessed. 9. The Employer must give the Principal written confirmation of the performance criteria. 10. The Employer must conduct a formal appraisal of the Principal's performance: (a) (b) (c) at the mid-point of the Term of Contract; during the penultimate year of the Term of Contract; and at other times if requested to do so by the Principal with the approval of the Diocesan Director of Catholic Education 11. The Employer may conduct additional formal appraisals at any other time provided the Principal: (a) (b) is advised in writing of the appraisal and the reasons for conducting it; and is given sufficient advance notice to prepare adequately for the appraisal. 12. All appraisals must be conducted in accordance with the current statement relating to Lay Principals in Catholic Secondary schools Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 35
issued by the Catholic Education Commission of Victoria or a similar process approved by the Religious Institute. Contract Renewal 13. The Employer has absolute discretion to decide whether or not to renew this contract at the expiry of the Term of Contract. 14. A decision whether or not to renew this contract should be made by the Employer and notified to the Principal in writing no later than one year prior to the expiry of the Term of Contract. 15. If the Employer decides to renew this contract the Employer should follow the procedure for contract renewal set out in the current statement relating to Lay Principals in Catholic Secondary schools issued by the Catholic Education Commission of Victoria. 16. An offer to renew this contract for any period after the expiry of the Term of Contract must be duly authorised by the Employer in writing and unless it is in writing it is void and of no effect. Termination 17. Subject to clause 18, this contract may be terminated at any time during the Term of Contract by either party giving to the other a minimum of six month's written notice, or in the case of the Employer by making a payment in lieu of all or part of such notice. 18. The Employer may, after consultation with the appropriate Director of the Catholic Education Office, terminate the employment of the Principal without notice at any time in the event that the Principal commits serious misconduct justifying summary termination. Changes to Appointment of Employer 19. The parties acknowledge that during the Term of Contract changes may occur in the person occupying the position of [Insert Position in Institution/Order], and the Principal agrees to: (a) (b) the assignment of the rights and obligations of the Employer under this contract to any person appointed to the position of [Insert Position in Institution/ Order] during the Term of Contract from the date of such appointment and that person will thereafter be the Employer for all purposes under this contract; and the release of the Employer from liability under this contract from the date upon which that person ceases to be [Insert Position in Institution/Order] for any reason. Page 36 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
Grievance Procedure 20. If any dispute arises between the Principal and the Employer over this contract, including any dispute concerning the termination or nonrenewal of this contract, the parties must make genuine efforts to resolve the dispute in accordance with the process set out in clause 21 and neither party may institute any legal proceedings, including claims under industrial relations and/or discrimination legislation, until the mediator appointed under clause 21(d) certifies in writing that reasonable efforts have been made by both parties to resolve the matters in dispute as provided for in clause 21(f). 21. The process for resolving disputes between the parties is as follows: (a) (b) (c) (d) (e) (f) (g) the party raising a dispute must give written notice of the matters in dispute to the other party; that party must respond to the other in writing within a reasonable period given all the circumstances, but in any event not later than 7 days after receiving written notice of the matters in dispute; the parties must meet without delay and make a genuine endeavour to resolve the dispute; if the dispute remains unresolved after such meeting either party may submit it to mediation by a mediator agreed between the parties and in default of agreement appointed by [ insert name of an appropriate independent person such as the relevant congregational leader ]; the parties must cooperate with the mediator and make genuine endeavours to resolve the dispute during the mediation; the mediation must continue until the dispute is resolved or the mediator certifies in writing to both parties that the matter has not been resolved after reasonable efforts have been made by both parties to resolve the dispute; and unless otherwise agreed each party will bear their own costs of the mediation and half of the costs of the mediator. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 37
Executed as an agreement. Signed by [NAME OF EMPLOYEE] in the presence of Signature of witness Name of employee Name of witness (print) Signed by... on behalf of THE EMPLOYER in the presence of Signature of authorised person Signature of witness Name of authorised person (print) Name of witness (print) Office held Page 38 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
APPENDIX 2 Between: VERSION 2 REGIONAL COLLEGES EMPLOYMENT CONTRACT FOR PRINCIPALS OF SECONDARY COLLEGES [Name of Name of Employee] ('Principal') and The Association of Canonical Administrators of [Insert Name of School] RECITALS A. [Insert Name of School] ('College') is a Catholic secondary college conducted under the canonical authority of the Archbishop of the Archdiocese of Melbourne ('Archbishop') or the appropriate Diocesan Bishop of Ballarat, Sandhurst or Sale ( Bishop ). * B. The Archbishop/Bishop has appointed the Canonical Administrators listed in Attachment 1 ('Canonical Administrators') under canon law to be the Association of Canonical Administrators of the College. C. The Canonical Administrators have independent authority to conduct the College and are jointly and severally liable for its operation. D. The Canonical Administrators have offered to appoint the Principal as principal of the College and the Principal has accepted the appointment on the terms and conditions set out in this contract. OPERATIVE PROVISIONS Term of Appointment 1. The Canonical Administrators must appoint the Principal to be the principal of the College on the terms of this contract from [insert date] until [insert date] or such earlier date as may be determined by either party in accordance with clauses 17 or 18 ('Termination of Contract'). 2. The Principal must serve the Canonical Administrators as principal of the College during the Term of Contract in accordance with the terms of this contract. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 39
Delegation 3. The Canonical Administrators may from time to time delegate any of their powers, rights or authorities in relation to the conduct of the College to the College Board or other delegate, and the Principal must comply with all directives of the Board or delegate within the scope of such delegation. Religious Obligation 4. The Principal must strive to help students to understand, accept and appreciate Catholic teachings and values, and must in the performance of the role of principal of the College and at all times by personal example, avoid whether by word, action or lifestyle, influence upon students that is contrary to the teachings and values of the Catholic Church. Role of Principal 5. Subject to clause 6, the Principal will be responsible to the Canonical Administrators for: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) ensuring that the College religious education program is conducted in accordance with current diocesan policies and guidelines; delivering curricula which are relevant to student needs and in accordance with regulatory requirements; ensuring that all staff meet appropriate professional standards; providing for appropriate pastoral care for staff and students; conducting the College as a Christian community in accordance with the teachings of the Catholic Church; accounting to relevant authorities for educational outcomes and the financial management of the College; engaging, deploying, and terminating staff as necessary to conduct the College in accordance with the annual budget approved by the Canonical Administrators ('Annual Budget'); administering the College in accordance with the Annual Budget approved by the Canonical Administrators; ensuring the proper care and maintenance of College property within the limits set in the Annual Budget; ensuring compliance with all legal obligations relevant to the conduct of the College; Page 40 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
(k) (l) facilitating adequate planning to ensure appropriate development for the College; liaising effectively with appropriate external agencies; and (m) ensuring that the public image of the College is in accordance with the College's Vision and Mission. 6. The performance of the Principal's duties as specified in clause 5 is subject to the following conditions: (a) (b) The Principal must comply with all reasonable and lawful directives of the Canonical Administrators and/or their authorised delegates. The Principal must comply with all policies approved by the Canonical Administrators and/or their authorised delegates for application to the College. Remuneration and Benefits 7. The Canonical Administrators must: (a) (b) provide to the Principal the remuneration and benefits determined from time to time by the Salary and Conditions Board of the Catholic Education Commission of Victoria; [other matters to be agreed] Performance Reviews 8. At the commencement of the Term of Contract and by no later than the start of each school year during the Term of Contract the Canonical Administrators will, in consultation with the Principal, determine performance criteria in respect of the Principal's duties and responsibilities stated in clause 5 against which the performance of the Principal can be assessed. 9. The Canonical Administrators must give the Principal written confirmation of the performance criteria. 10. The Canonical Administrators must conduct a formal appraisal of the Principal's performance: (a) (b) (c) at the mid-point of the Term of Contract; during the penultimate year of the Term of Contract; and at other times if requested to do so by the Principal with the approval of the Diocesan Director of Catholic Education 11. The Canonical Administrators may conduct additional formal appraisals at any other time provided the Principal: Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 41
(a) (b) is advised in writing of the appraisal and the reasons for conducting it; and is given sufficient advance notice to prepare adequately for the appraisal. 12. All appraisals must be conducted in accordance with the current statement relating to Lay Principals in Catholic Secondary schools issued by the Catholic Education Commission of Victoria. Contract Renewal 13. The Canonical Administrators may decide at their absolute discretion whether or not to renew this contract at the expiry of the Term of Contract. 14. A decision whether or not to renew this contract must be made by the Canonical Administrators and notified to the Principal in writing no later than one year prior to the expiry of the Term of Contract. 15. In all instances the Canonical Administrators should follow the procedure for contract renewal set out in the current statement relating to Lay Principals in Catholic Secondary schools issued by the Catholic Education Commission of Victoria. 16. An offer to renew this contract for any period after the expiry of the Term of Contract must be duly authorised by the Canonical Administrators in writing and unless it is in writing it is void and of no effect. Termination 17. Subject to clause 18, this contract may be terminated at any time during the Term of Contract by either party giving to the other a minimum of six month's written notice, or in the case of the Canonical Administrators by making a payment in lieu of all or part of such notice. 18. The Canonical Administrators may, after consultation with the appropriate Director of the Catholic Education Office, terminate the employment of the Principal without notice at any time in the event that the Principal commits serious misconduct justifying summary termination. Changes to Appointment of Canonical Administrators 19. The parties acknowledge that during the Term of Contract changes may occur in the persons comprising the Association of Canonical Administrators for the College ('Association'), and the Principal agrees to: (a) the assignment of this contract to any person appointed by the Archbishop to be a member of the Association during the Term of Page 42 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006
Contract such that the person so appointed becomes jointly and severally liable under this contract with the other members of the Association from the date of the appointment; and (b) the release of any person who ceases to be a member of the Association during the Term of Contract from liability under this contract from the date upon which that person ceases to be a member of the Association for any reason. Grievance Procedure 20. If any dispute arises between the Principal and the Canonical Administrators over this contract, including any dispute concerning the termination or non-renewal of this contract, the parties must make genuine efforts to resolve the dispute in accordance with the process set out in clause 21 and neither party may institute any legal proceedings, including claims under industrial relations and/or discrimination legislation, until the mediator appointed under clause 21(d) certifies in writing that reasonable efforts have been made by both parties to resolve the matters in dispute as provided for in clause 21(f). 21. The process for resolving disputes between the parties is as follows: (a) (b) (c) (d) (e) (f) (g) the party raising a dispute must give written notice of the matters in dispute to the other party; that party must respond to the other in writing within a reasonable period given all the circumstances, but in any event not later than 7 days after receiving written notice of the matters in dispute; the parties must meet without delay and make a genuine endeavour to resolve the dispute; if the dispute remains unresolved after such meeting either party may submit it to mediation by a mediator agreed between the parties and in default of agreement appointed by [ insert name of appropriate independent person such as the relevant bishop ]. the parties must cooperate with the mediator and make genuine endeavours to resolve the dispute during the mediation; the mediation must continue until the dispute is resolved or the mediator certifies in writing to both parties that the matter has not been resolved after reasonable efforts have been made by both parties to resolve the dispute; and unless otherwise agreed each party will bear their own costs of the mediation and half of the costs of the mediator. Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006 Page 43
Executed as an agreement. Signed by [NAME OF EMPLOYEE] in the presence of Signature of witness Name of employee Name of witness (print) Signed by... on behalf of THE ASSOCIATION OF CANONICAL ADMINISTRATORS OF. COLLEGE in the presence of Signature of authorised person Signature of witness Name of authorised person (print) Name of witness (print) Office held Page 44 Lay Principals in Catholic Secondary Colleges CECV Procedures, March 2006