Demoted Coniston Public School assistant principal gets job back on appeal

Joanne Pintley was accused of having personal instead of professional relationships with several students during her time as Assistant Principal at Coniston Public School's unit for students with emotional, behavioural and mental health issues.

The accusations and subsequent departmental investigation into her conduct came after she raised issues in 2016 that the Auburn Street Unit had a "well-entrenched toxic culture and was dysfunctional".

As a result of the investigation, on December 6, 2018, Ms Pintley was demoted from assistant principal to classroom teacher.

She appealed to the NSW Industrial Relations Commission. This week Commissioner John Murphy ordered Ms Pintley's reinstatement as a deputy principal.

Mr Murphy said he found the disciplinary action imposed was "excessive for the misconduct alleged against the appellant".

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Speaking on behalf of Ms Pintley, her agent Pia Cunningham said the ruling had vindicated her client and ended a three-year battle to clear her name.

"She felt she had to defend her honesty, integrity and good character, her once-impeccable reputation, her professionalism and competence as an assistant principal, and to fight to have her well-earned promotion and entitlements fully restored," Ms Cunningham told the Mercury.

"Today, in the Industrial Court, despite a three-year battle, the associated trauma and embarrassment, Ms Pintley was vindicated", she said.

Ms Cunningham said the teacher with 33 years experience had been punished for speaking out.

"After months of witnessing what is tantamount to mistreatment of the vulnerable children in their care, herself suffering bullying, undermining of her position and expertise when attempting to introduce systems and procedures ... for the well-being of students and staff, and after physical assaults, and with all her efforts to seek support and help to resolve these serious issues meeting with disinterest, Ms Pintley made the difficult decision to formally report her ongoing concerns," Ms Cunningham said.

Ms Pintley went on stress leave in September 2016, and upon her return to work in October, it was evident "that her superiors and colleagues had closed ranks".

"Instead of her concerns being taken seriously, investigated and resolved in an unbiased manner at school level, she found herself having to not only defend her integrity, reputation, expertise and ability to perform her duties as an experienced and highly capable assistant principal," Ms Cunningham said.

"She also had to suffer the indignity of demotion, after vexatious and frivolous allegations and statements were made against her, months after she left the school, and when she was still on on Worker's Compensation."

According to the judgement, in 2015 Ms Pintley was appointed Assistant Principal at Coniston Public School and assigned to the Special Education Unit known as the Auburn Street Unit attached to the main school.

In February 2018 she was advised by the Department's Employee Performance and Conduct Directorate, (DEPCD) of a number of misconduct allegations made against her.

The allegations that were sustained by the DEPCD investigation were that Ms Pintley purchased birthday presents for students in the unit and bought a student sports shoes.

She was also found to have engaged in inappropriate or unnecessary physical contact with students by hugging them and by telling them that she loved them.

Ms Pintley was found to have told a teacher, who was trying to implement strategies from a behaviour specialist, to leave the child alone.

When another student threw paint over a teacher she "took no action to address the student behaviour". She was also found to have instructed a teacher to be present in the classroom "for an entire day in order for him to complete your own son's assignment about chickens rather than assisting in the class".

More than ten allegations were not sustained, including claims she visited a student outside of school hours on Mother's Day 2016 and attended his Saturday football events during winter sport in 2016. The allegation that she was "laughing and issuing no consequences when a student placed a sandwich in a teacher's face" was also not substantiated.

Nor was the allegation she provided staff passwords to students to access the blocked You Tube website to view inappropriate and violent material including Eminem music videos and video games.

Mr Murphy said "some" disciplinary action was warranted for the sustained allegations.

"That will be in the form of a demotion to classroom teacher for a period of approximately one year ending on Monday 9 December 2019, from which date the appellant is to be restored to, and paid at the rate of pay applicable to, the classification of Assistant Principal."

He was confident Ms Pintley "is capable of resuming the role of Assistant Principal".

"I am also confident that the appellant will take valuable lessons from her experiences at CPS and will take care to conduct herself in a manner which will not expose her to the sorts of allegations that have been the subject of these proceedings."

Ms Pintley's agent went a step further. "They only sought to voice these concerns after she made her complaint and the investigation of Ms Pintley was underway," Ms Cunningham said.

"This, in itself, is highly suspicious, since they are also bound by the same legal obligation to report unprofessional, dangerous or otherwise questionable conduct as soon as they become aware of it," she said.

"The determination of demotion was made based not on evidence, but rather, insinuation, gossip, hearsay, innuendo and , at times, outright lies."