教代会参与公立高校教师师德失范处理程序机制的完善路径

Faculty Congress Participating in the Improvement of the Procedures and Mechanisms in Handling Teachers’ Moral Ethics Anomie in Public Universities

加强师德师风建设是党中央高度关注的工作。师德失范处理有助于守牢师德师风底线,增加高校的管理权力,广泛影响着教师权利,具有行政性特征,应当适用正当程序。基于正当程序要素和教代会功能,公立高校教代会在师德失范处理正当程序中理应发挥重要作用、承担应然角色。通过考察,教师权利保障中教代会发挥的作用仍存在提升的空间,程序文本的制定与审议、回避和听证等程序缺乏教代会的参与。从教代会应源头参与的程序上考量师德失范的处理机制,制定师德失范处理办法,参与提升师德失范处理的效率,成立以教代会工作机构为主体的第三方机构,完善教代会参与师德失范处理正当程序的路径,将有助于高校教师师德失范处理程序机制的完善。

Strengthening the construction of teachers’ moral ethics is a job of great concern to the Chinese Party Central Committee. The handling of teachers’ moral ethics anomie helps to keep the bottom line of teachers’ moral ethics,increases the management power of a university and widely affects the rights of teachers. It has administrative characteristics and should be subject to due process. Based on the elements of due process and the function of the faculty congress, the faculty congress of a public university should play an important role and assume its due role in the due process of dealing with teachers’ moral ethics anomie. Through investigations,there is still room for improvement in the role played by the faculty congress in the protection of teachers ’rights,and the procedures for the formulation and review of procedural texts,avoidance,and hearings lack the participation of the faculty congress. Considering the handling mechanism of teachers ’ moral ethics anomie from the source of participation of the faculty congress,formulating measures to deal with teachers’ ethics anomie,participating in improving the efficiency of handling teachers’ ethics anomie,establishing a third-party organization with the faculty congress working organization as the main body,and improving the teachers participating path in the faculty congress’ due process of dealing with teachers’ ethics anomie will help improve the procedural mechanism of normative handling of teachers’ ethics anomie in universities.