THE RIGHT TO DEFENSE IN DISCIPLINARY PROCEEDINGS AGAINST TEACHING STAFF

Abstract

The right to defence in disciplinary proceedings against teaching staff in Spain is a fundamental guarantee to ensure a fair and lawful process. Its importance lies in protecting professional and personal rights against administrative sanctions. Through a legal and case-law analysis, this study examines the regulatory framework (Spanish Constitution, TREBEP, Law 39/2015) and procedural principles (immediacy, adversarial). Practical cases and court rulings are reviewed to assess the application of these guarantees. The study identifies that the right to defense is based on: clear notification of charges, full access to the case file, and the right to present evidence and arguments.

However, the exclusive use of the “educational inspection report” as sole evidence violates the principle of immediacy and adversarial principle, creating risks of defencelessness. Jurisprudence has annulled sanctions based on unchallenged reports. The effectiveness of the right to defence depends on transparency in evidence collection and the teacher’s active participation. Lack of reasoning in decisions or denial of evidence are recurring flaws that weaken the legitimacy of the process. Ensuring a balanced procedure is crucial, allowing teachers to challenge evidence and access administrative or judicial remedies. Jurisprudence underscores the necessity of strict adherence to procedural guarantees, preventing arbitrary sanctions and preserving legal certainty in the educational sector.