MAY 20 ― When the issue regarding sexual harassment towards women and children in schools emerged recently, I was called to give my own opinion and thoughts both on social media and the media. There may be some lingering questions or debates asking what have I done during the 20 months of my tenure in the Education Ministry (MoE) to handle the predicament?

I admit, that one of the delayed agendas during my 20 months in the Education Ministry was related to handling the sexual harassment crimes at school which could have helped in making schools the safest place for children, which goes along with the principles I was bringing forward: love, happiness and respect.

However I, along with my officers who helped work with relevant parties such as UNICEF, NGOs and other agencies involved with this issue, could not implement this because I was asked by the Prime Minister then to return my post to him.

What I would like to highlight is that, on December 13, 2019, less than a month before I left the Education Ministry, I sent out a letter of instruction to the top administration of the Education Ministry to take action regarding the sexual harassment issues at school. Along with this article, I have attached a draft of the said letter. What is certain is that I have not seen nor heard any action taken regarding the instruction given inside the letter up to this moment.

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I have also instructed that a proposal paper be presented to the cabinet by the Education Ministry in 2020 for the said matter. However, it is now only a part of history, since I am no longer a cabinet member, and the fact that the minister that has replaced me has not shown any interest in advocating for this issue.

Now, I would like to share what I have tried to do in order to make schools a safer place for children who are the future generation of our country.  I would also like to do something before the situation gets abysmal.

What has been planned?

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The national education system must give serious weight to cases of misconduct and sexual crimes among students as they are acts that threaten the safety and well-being of individuals. Various efforts have been implemented by the government, especially by the Ministry of Education (MoE), the Ministry of Women, Family and Community Development (KPWKM), the Ministry of Home Affairs (MOHA), and the Ministry of Health of Malaysia (MoH) to combat sexual crimes against children. However, these cases are still happening and are very worrying. Accordingly, comprehensive, and holistic measures need to be taken to address the issue of sexual crimes among students in a more thorough, systematic, and continuous manner.

On behalf of the MoE during my tenure, I have earnestly realised and oversaw the issue of sexual crimes among students and believed that it needs to be totally addressed and overcome. At the same time, the government (not just the MOE, but all parties) was urged to proactively provide greater awareness on prevention and handling of sexual misconduct cases through initiatives based on three main strategies, namely: The prevention strategy, the handling strategy for cases of sexual misconduct against students, and the child-centred victim rehabilitation strategy. The initiatives mentioned below were originally part of the proposal that the MOE wanted to bring to the cabinet meeting for approval in early 2020, unfortunately, they were not brought in time due to the government change.  

Strategy 1: Prevention of sexual misconduct against students

This can be achieved through several mechanisms, including:

1. Identification of school hot spots

Based on the recorded statistics, the increase in cases of child sexual crimes is increasingly alarming. There are known portions of unreported or unrecorded cases, so it is believed that the number of sexual crime cases occurring in schools is much higher than the recorded statistics. The MOE must ensure that case reports are in accordance with procedures and properly documented. In addition, given the current financial and expertise constraints, it is important for the MOE to identify high-risk hot spot schools as appropriate intervention plans.

The construction of a hot spot map requires the following:

  1. Appointment of the appropriate MOE Division to be responsible for data updating and maintenance of the hot spot map.
  2. Identification of key data for the construction of the hot spot map.
  3. Data sharing between identified government and non-government agencies for the purpose of mapping hot spots of sexual crimes against children.
  4. Conducting predictive analytics to identify crime patterns for early intervention. Predictive analytics is also used to determine the level of intervention according to the severity of the situation. For this purpose, the Big Data Committee established in 2019 has been asked to help implement it.

The division responsible for monitoring this matter should have a monitoring board to ensure that cases in hot spots can be brought down and that any locations where there is a potential for this misconduct can be avoided.

2. Background check of school staff

School staff who are going to work with children must undergo a detailed background check. This role can be fulfilled by the Education Service Commission (SPP), the Human Resource Management Division (BPSM), the Malaysian Institute of Teacher Education (IPGM), the State Education Department (JPN), the District Education Office (PPD) and schools. Screening is included for any party that will directly deal with children (e.g., sports coaches, volunteers, teaching assistants, guards, canteen workers, etc.). Background screening is detailed by criteria, for example through psychometric tests, review of criminal cases and behavioural tendencies towards children, as well as review of sexual offenders against children in the Child Sex Offenders Registry system by the KPWKM.

3. Updating the curriculum and the implementation of teaching and learning Reproductive and Social Health Education (PEERS)

Weaknesses in the implementation of existing PEERS curriculum are often associated with the reason that students become victims of sexual crimes, which is the lack of exposure to sex education. The findings of various studies show that the existing delivery of sex education in Malaysia does not bring in any effect in combating the sexual symptoms of adolescents today. The ambiguity of some teachers in the implementation of teaching and learning (PdP) sex elements through the existing PEERS curriculum has caused some teachers to be unaware of sex education to students. Professional training of teachers by experts and key stakeholders in the context of sex, reproductive health, and improvements in PdP guidelines or materials are among the ways to address this issue.

Strategy 2: Handling cases of sexual misconduct against students

This can be done through a variety of mechanisms that are more up to date than the existing mechanisms. Among them:

1. Introduction of new SOPs for reporting sexual crime issues against children

On June 28, 2011, the MoE issued the Ikhtisas Circular Letter (SPI) Number 7 of 2011 Implementation of Standard Operating Procedure (SOP) 1: 3: 7 Reporting and Actions to Address Student Disciplinary Issues together with Guidelines on Handling Student Sexual Harassment detailing how to deal with sexual harassment cases. However, both the SPI and the guidelines do not reflect the latest developments. Therefore, the SOPs and guidelines should be replaced with new ones that are in line with the provisions of the Sexual Offenses Against Children Act 2017 [Act 792]. As an alternative action, I have issued a memo to the top leadership of the MoE dated December 13, 2019 (reference no: KPM. YBM 100 4/3/3 vol. 2 (23)) to immediately implement 'lower hanging fruits' efforts to protect school students. The plan was, in 2020, I would bring the paper to the cabinet for amendments to some of the more comprehensive MoE internal Acts and regulations.

The new SOP statistics and guidelines must involve reference experts and representatives from non-governmental agencies (NGOs) and government agencies who have expertise in addressing sexual crime issues. Clear terms of reference must be provided so that all parties involved are aware of their respective functions and responsibilities.

2. Pre-service, in-service training and monitoring

The training conducted is aimed at producing educators who are always sensitive, caring, and professional in curbing the issue of sexual crimes among students while maintaining the Child Protection Policy (CPP) in society. Therefore, in the aspect of pre-service and in-service teacher training, it is proposed that the IPGM and the Teacher Education Division (Bahagian Pendidikan Guru) be involved in formulating a comprehensive training programme to improve teachers' competencies in reproductive and sexual health education for students. From the aspect of SOPs and guidelines, the school staff need to be clear and concerned on the action plan in dealing with criminal cases that occur against children.

The purpose of the exercise is:

  1. To empower the way teachers teach to students on topics that cross the Peers element;
  2. Provide clearer disclosure on sexual crimes, ways to identify victims of sexual crimes and roles and responsibilities in ensuring the rights of children are protected;
  3. To increase the professionalism of the school staff in reporting sexual crimes committed against students through comprehensive procedures that will be introduced;
  4. Seek solutions to ensure that the authorities take appropriate action when receiving complaints;
  5. Implement an attitude of openness in listening to and receiving information provided by victims of sexual crimes and to ensure that all information is handled prudently, ethically and confidentially;
  6. Protect the reproductive and sexual health rights of every student by eroding the attitude and culture of maintaining the good name or image of the school so as to protect the conduct of sexual crimes involving the school’s community;
  7. To cultivate the attitude of always prioritizing the safety of students and to increase awareness among school staff so as not to underestimate the negative effects of sexual crimes which are very harmful to students;
  8. Strengthen the involvement and responsibility of school staff and authorities in preventing sexual crimes in schools on a consistent basis.

3. The role of officers in schools

Headmasters, Senior Assistants for Student Affairs (PKHEM) and counselling teachers are among the important individuals in ensuring that preventive and corrective actions are implemented efficiently.

1. The role of the principal/head teacher

Through the new SOPs and guidelines that will be introduced, principals/headmasters play a key role in liaising with superiors and ensuring the accuracy of the information provided. Among the main duties of the principal/headmaster are:

  1. Obtain complete information on the importance of PEERS in the school;
  2. Report incidents to the PPD, police, Social Welfare Department (JKM) and Suspected Child Abuse and Neglect Team (Scan) on complaints received from counselling guidance teachers or PKHEM;
  3. Act promptly and proactively in accordance with the provisions of Act 792; individuals who take a refraining attitude rather than reporting any case of sexual crimes against children should also face punishment. The headmaster is also an agent responsible for protecting the children;
  4. Ensure that students are given early exposure through awareness and education campaigns related to sexual crimes in schools.

1. The Role of the Senior Assistant for Student Affairs (PKHEM)

The PKHEM is responsible for assisting and supporting the handling of cases carried out professionally by the Principal/Headmaster and counselling teachers. The main task of the PKHEM is to ensure the safety of students in schools in accordance with certain procedures and rules. The PKHEM is also an assistant to the Principal/Headmaster in supervising and evaluating the performance of all school staff.

According to the new procedure, PKHEM's role is to:

  1. Inform the Principal/Headmaster of the complaints received;
  2. Ensure the confidentiality of information received from counselling teachers;
  3. Advise the Principal/Headmaster to expedite the official report to the PPD and other relevant agencies;
  4. Formulate plans involving PTA and the Parental and Community Involvement (PIBK) in programs in schools related to PEERS so that parents and the community can be clarified and be aware.

1. The role of officers at the district level

The Counselling and Careers Unit under the Human Development Sector at the PPD level plays an important role in providing accurate and thoughtful advice to schools that report sexual crimes. The PPD also acts as a facilitator between the agencies involved and implements interventions for the reporting of the liaison unit to coordinate reporting to the JPN.

1. The role of officers at the state level

The Counselling and Discipline Management Sector under the Daily School Management Division at the MoE level needs to play a role in reporting by coordinating with the complaints and liaison unit, BPSH as well as the improvement of training modules.

1. The role of parents and the community (through the cooperation of experts from public organisations and non-governmental agencies)

The collaboration of experts from public organizations and non-governmental agencies should be carried out collectively through the sharing of resources and expertise to maximize available resources and reduce associated costs. Among the things that need to be given emphasis and attention is the establishment of support networks at the district level. The support network at the district level includes various relevant authorities such as Scan under the MoH, the JKM under the KPWKM, Sexual Investigation, Abuse and Children Division (D11), the PDRM under the KDN and experts from non-governmental organizations certified by the KPWKM.

Each PPD should be equipped with a list and contact information of officers from each of the listed agencies so that advice and support can be provided on an ongoing basis. This information should be made available for public viewing and should be updated from time to time. Schools in one district are also encouraged to establish networks with the aim of sharing resources and best practices with each other.

4.  The sharing of information and skills to address the issue of sexual crimes among students as a means for mothers, fathers, and guardians to overcome sexual crimes.

In addition to the district and school levels, the main support network refers to educators, parents (especially through PTAs), school liaison officers (police) as well as experts in sexual crimes against children (counsellors, non-governmental organizations such as Malaysians Against Pornography (MAP), JEWEL or PS the Children). Each party involved is advised to succeed in the Child Sexual Crime Intervention Module in Schools (IHSAN Module) to increase awareness and cooperation at the school level. The skills to deal with sexual harassment issues and sharing information regarding it must be equipped amongst students, which can prove to be beneficial to their parents and guardians because it can act as a medium between both parties when it comes to solving sexual harassment issues.

5. Actions against the people in school who commit sexual misconduct against students

Enforcement of individuals found guilty of committing sexual offenses against children is of paramount importance. It is recommended that individuals who have been convicted of offenses be blacklisted from engaging in any form of employment involving children in accordance with existing laws and policies. For cases that are suspected and still in the investigation stage, it is recommended to execute cold storage and isolation of the individual without any interaction with the children until the case is completed. The government needs to change the existing procedures to ensure that the individuals who have been found guilty are subject to suspension and dismissal.

6. The updating of the curriculum and implementation of teaching and learning of Reproductive and Social Health Education (PEERS)

PEERS in the Health Education curriculum that is conducted in primary to secondary schools need to be reviewed based on suitability according to international standards such as the International Technical Guide on Sexuality Education (UNESCO, 2018). The Curriculum Development Division, MoE needs to take steps to track and monitor the implementation of the Health Education curriculum to see how effective the PEERS conducted in schools to date. This matter is also in line with the decision of the National Social Council Meeting No. 1/2019 to lead initiatives to strengthen Reproductive Sexual Education among Children, Adolescents, and the Community.

Strategy 3: Child centred approach

1. Through this approach, the welfare of the child becomes a priority, rather than the preservation of the good name of the teacher, principal, or school. For the sake of the children’s future, all reporting and prosecution procedures should focus on the interests of the child who is the victim.

2. In order to restore the confidence and also the soul of the child victim, they should be given counselling and medical approach appropriate to what befell them. They should not be made victims for the second time by making them go through cumbersome procedures as well as blaming them, this has happened in some cases.

3. Teachers, especially counselling and support teachers must be given awareness, training and understanding of the procedures. Structure of the support system must also be established so that this student-centred rehabilitation system can truly be successful. The failure of teachers and schools to understand this approach will cause the victim to experience additional stress as is often the case.

4. Included in this strategy is the process of facilitating reports made by victims and increasing the sensitivity of the school and school leadership to act immediately and not hide the case. This is so that students are more courageous to make complaints and do not feel that they have lost the cause.

Former education minister Maszlee Malik says it is very unfortunate that what has been planned could not be implemented in the last administration due to the change of power. — Picture by Yusof Mat Isa
Former education minister Maszlee Malik says it is very unfortunate that what has been planned could not be implemented in the last administration due to the change of power. — Picture by Yusof Mat Isa

Conclusion

It is very unfortunate that what has been planned could not be implemented in the last administration due to the change of power. However, this issue is an important issue and needs to be addressed immediately through appropriate policies.

My hope is that what has been planned, as a result of thorough discussions and studies, can be continued for the sake of the future of the children in school and also the future of the country. It is hoped that these proposed and attempted measures can help the current government to implement them in order to bridge the gap in the prevention and intervention of sexual misconduct cases as well as the understanding of peers among students and parties involved.

It is not too late for the MoE to continue what has been started for the well-being and safety of our children as they are the next generation, and for the sake of making school the safest place for children and other school administrators and staff at school.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.