NOVEMBER 4 — The Minister of Education recently stated that a teacher who was suspected of molesting nine primary school children had been transferred to another school as part of Ministry procedure. It is also of concern that with regards to reports made against teachers suspected of molesting students, the Minister stated that “Disciplinary action against them is determined on the courts”.
The practise of transferring teachers who are suspected of sexually molesting children to a different school has been going on for decades. The public, especially parents, are appalled with the Ministry’s approach of transferring a suspect to a different school pending investigations, as this could be risky for children in the school where the suspect has been transferred to.
When the investigation of an alleged sexual abuse by a teacher is being undertaken, the education authorities should firstly inform the Social Welfare Department’s Child Protectors to enable them to assess the well-being of the children involved and submit a report. The authorities should also immediately redesignate the suspect to a desk job where he (or she) does not have any contact with children. The practice of transferring a teacher to another school where the suspect still has contact with children should be halted. When balancing the interests and safety of children with the rights of the alleged offender, the children’s right to protection from sexual abuse must come first. The interest of the accused is still protected if investigations are expeditious and transparent.
It must be stressed that when a child complains of sexual molestation or assault by a school teacher, very often the parents only inform the principal or education authorities expecting the education authorities to take the appropriate action. Many parents do not want to file a police report for many real reasons, including not wanting to subject their children to further trauma caused by any tedious and non-child-friendly process of criminal justice (police investigation, medical examination and the court process).
The education authorities do not have to depend on the courts alone to determine their course of action to ensure child protection. It is noteworthy that following a police case in 2001 against a public servant who had allegedly molested students at a school premises, and consistent with the government’s General Orders (Conduct and Discipline) 1993 Regulations, the Education Disciplinary Board had acted to terminate the services of the public servant concerned, despite the fact that he was not found guilty by the relevant criminal court (ref: PSD website)
The Education Disciplinary Board recorded their justification that “the contact or presence of the officer in a school could adversely affect the safety especially of the students of said school…. there is no way to control the behaviour of the perpetrator even if he had been transferred to another school…. recurrence is feared since the previous cases are not known to members of the public”. This is a clear example of the Education Ministry acting with authority to safeguard the interest of children.
The outcome of a properly conducted internal inquiry can determine the appropriate disciplinary action to be taken if found necessary.
The Ministry of Education must pave the way in showing how Malaysia is serious about protecting the well-being of children by ensuring that best practices in accordance with General Orders, The Child Act 2001 and our government’s commitment to Convention of the Rights of the Child are not merely spoken about, but are actually acted upon.
Policy makers in the Ministry of Education need to work together with school authorities at both the district and state levels to ensure education staff in departments and schools are trained and empowered to take the necessary steps to stop all forms of abuse of children. Clear, standardised procedures and effective protocols to follow must be made available to all concerned and implemented effectively.
* Loh Cheng Kooi & Melissa Mohd Akhir are from the Women’s Centre for Change, Penang.
** This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail Online.
