Disciplinary action in the school system.

[kenny]

Hello All.

I'm partly writing this post to simply lay out the facts so I can get my head around it a bit better, any comments advice would also be appreciated though.

I have a family member who currently works in a high school as an integration aid. If you don't know what that means, basically she is the person who sits in on certain classes to assist the kids who need extra help. Some are either behind on work or maybe have some kind of physical or mental disability. I only mention this because it is kind of relevant I think.

So anyway. For a little while now there has been a kid causing her a bit of grief. He would be probably in year 10 or so, and seems to have taken a dislike toward her for some reason. He started out by just murmuring random obscenities at her when they crossed paths which evolved into a more direct 'fuck you' attitude. More recently though, he has been going so far as to run and catch up with her as she walks home from the school. He will then walk with her for a while and just abuse her verbally.

At this point you might be thinking ' just report the kid ' and yes, she has been doing this. The school coordinators seem to be getting less helpful though as time goes on.

The kid did receive a 2 day suspension about a week ago for meeting her at the gate and verbally abusing her. Since then it has continued though.

He even told his parents some wild story that she has actually been harassing him!! and as you can imagine, the parents of this kid believed him and made a formal complaint to the school. The school in question is known to be piss weak when it comes to supporting staff in these situations. So after this complaint by the parents, the school actually told her not to 'provoke the kid' .......... also this seems to have caused her to lose a bit of credibility as well.

The co-ordinator's are now expecting some kind of proof that this kid is actually verbally abusing her and threatening her.

Now. I find that the fact that she is an integration aid and not an actual qualified teacher, has lead to the school heads not supporting her as much as they should. Unfortunately she is not being viewed as equally important as other teachers.

So by now you can kind of get the idea of whats happening I hope... There is a kid harassing her at school... the school heads are piss weak and wont really do anything beyond the typical slap on the wrists ' you be a good boy now '.

Since the latest incident involving the parental complaint. This kid seems to have gotten it in his head that he has won the war. So a mate of his actually threatened her this afternoon saying ' you know my mate *such n such* ... i don't like how your treating him... its on !!! ' or something to that effect.

I have been hearing about this for weeks now and I'm sick of it. Basically the school has now told her ' keep your head down, don't make eye contact with him, don't respond when he insults you, be a sheep, take it and shut up'

What the fuck? Is this a school or a prison?

There are several options.

1) take it and live with it until he graduates

2) continue to push the school heads until they actually do something

3) go to the police and report it as harassment (considering the kid has followed her out of school to continue abusing her)

4) contact someone at the department of education regarding the fact that the school are standing by while a staff member is being made to fear for her physical and mental safety.

5) contact today tonight ???

The problem with going over her superiors heads is that they will get pissed off. I don't know if that would lead to her losing her job or anything but it's known to happen.

I don't know. My advice was to contact the police, because he sounds like the kind of kid who is going to end up in trouble with the law sooner or later anyway. Nip it in the bud if we can.

Anyway, thanks for reading if your still here. Maybe you guys have some advice on how she can effectively get around this situation without rocking the boat too much.

ps- I showed her tonight how to record video on her phone without being too obvious. So she is going to try get footage, or at least audio, of the kid harassing her if she can. Maybe that will be worth more than her word. Which in my opinion should count for something after over 15 years at the same fucking school.

Unfortunately I'm too old to just walk down to the school and knock the shit out of this kid without being arrested. If any of you guys are closer to 18 years old and live in melb I'll make you an offer you cant refuse

[hebrew]

i did a PD a while ago about harrasment and there are many options in a school for this situation, ou dont always havet o go to the school heads, there should be other avenues, if the principal or aide head will not take the complaint seriously you can go outside the school, contact the department or union if she is in the union they can provide advice, also other leaders within the school, now this is where it gets serious, if you register a complaint of harrsment with a head of school it is there responsibility to act upon it or they are actually considered involved in that harrassment and they have to act upon that. it is their duty of care. i woudl suggest seekign advice from an outside avenue such as the union or the department there should be a place to seek advice from. there has been cases where principals have been penalised for not acting upon such situations.

this person cant be fired for bringing up a case of harrasment. i would not put up with this kind of behavoir if it happened to me, i would seek advice as to what are the avenues to go down in this regard. i wish i could remember some of the details from the PD but i jsut did it to get through it. but yeah its not acceptable, and it needs to be dealt with, and if the heads of school do not take it seriously then they are accountable as well especially as it has been reported, i would write a letter to these people explaining the situation as well as documentation about informing these heads. i woudl speak with heads of department as well, i dont know about aides, but there is always someone who is the intergration aide leader, i would be speakign with them as well.

i wish i could offer some more information to help, but i can say seeking advice from outside the school about how to act would be benificial.

schools are accountable for a safe secure learning environment for both staff and students so it is not acceptable for it to be dismissed whether you are an aide or not.

its a sad story to hear abotu teacher aides being treated on a lower level than teachers, they do an important role within the school structure and they need to be valued as much as teachers. sometimes they do more work than what teachers can do, as they work on a one to one basis or on smaller groups. i have seen great work teacher aides do with student learning outcomes.

one thing i would suggest not to do is privately record the student, even though that is some evidence, i dont think it is permissable to record someone without their permission. unless it can be done as some learning outcome for students learning. but then you would need to be able to prove how that is, i think.

in terms of proof the complaint to the leaders of school is enough, they need to look into it, whether it is true or not. keeping a dairy of when things take place and what is said by both parties could be considered proof.

record when they speak to leaders of school about the complaint and what is said.

if this gets investigated then that can only be a good kick up the arse this school might need, to provide a safe environment for it workers as well as students.

anyway, i dont know if i have helped any but i woudl be seeking advice as i have said.

i will see what i can find out for you

[hebrew]

this may be of some assistance didnt have time to read it all

this is from the department of education in victoria it may be focused upon sexual harassment but, there may be some info about procdures for annoucing complaints

January 2008 1

COMPLAINT PROCEDURES:

FAQS

What is a complaint?

A complaint is an expression of dissatisfaction and may concern:

• inappropriate and unprofessional conduct;

• unlawful harassment, including sexual harassment;

• an occupational health and safety issue, including bullying;

• a particular incident;

• a practice, policy or decision (made or not made) that a complainant believes is unfair, unreasonable or

inappropriate;

• a workplace communication or interpersonal conflict.

A complaint can be made formally or informally, internally or externally by any Department employee. Staff who make a

complaint that is frivolous, vexatious or lacking in substance can have their complaint rejected in a complaint review.

What is the difference between a grievance and a complaint?

A ‘personal grievance’ relates to an individual employee and the impact of decisions or actions within the workplace that, in

respect to themselves, is considered to be unfair, inappropriate, contrary to Department policy or unlawful.

A ‘complaint’ may involve an individual employee or other employees in respect to actions and decisions that are considered

to be unfair, inappropriate, contrary to Department policy or unlawful.

In some instances a ‘personal grievance’ may arise from the outcome of ‘complaint’ procedures.

How is a complaint lodged?

If you have a complaint, you should lodge it with your immediate manager or principal outlining the nature of your complaint

and indicating that you would like to resolve the issue. Details that you may want to provide should include what/who you’re

complaining about, when it happened, how the problem has affected you personally or others within the workplace, any

steps you have taken to try to resolve the problem (it is okay if you haven’t) and your ideas on a possible outcome. If the

complaint is about your immediate manager or principal then discuss the issue with the manager one above or the regional

director.

Will my complaint be handled confidentially?

Your manager or principal must ensure that appropriate confidentiality is properly observed in relation to the management of

any complaint procedure. Every effort should be made to respect the confidentiality rights of the staff member involved.

However in some cases it may be necessary to inform other employees who are involved in the investigation or

management of the matter to ensure the complaint is investigated appropriately and that other people who may be involved

are accorded fair treatment. This should be done as discreetly as possible.

How will I be protected from victimisation?

The Department will not tolerate victimisation. Victimisation occurs when a person is subjected to or threatened with any

detriment for his or her involvement, in good faith in a complaint related matter. Victimisation for making a complaint of

discrimination, vilification or sexual harassment is also unlawful under relevant legislation. Your manager or principal should

take reasonable precautions to prevent victimisation by informing all parties involved that victimisation is not tolerated and

may be dealt with in accordance with the misconduct or unsatisfactory performance procedures.

Can I bring a support person?

Yes, you can bring a support person to interviews or meetings. The role of the support person is to provide professional and

moral support to the staff member concerned. The support person acts as a witness to the process but may not disrupt the

process, intervene during the meeting, direct the process, answer questions on behalf or act as an advocate for the staff

member. The meeting should be adjourned if the staff member wishes to seek advice from their support person. The

manager or principal may agree to the support person speaking on behalf of the staff member in order to assist in clarifying

particular matters. In such instances, the support person should not present arguments or opinion.

January 2008 2

What happens if I name witnesses in my complaint?

You may nominate the names of witnesses to support your complaint and who may be relevant to any formal investigation.

On receipt of these names, the manager or principal will determine which, if any, of these people will be interviewed and will

contact them directly. Witnesses will be advised to be mindful of confidentiality. As with the complainant, confidentially in

respect to the witnesses will be maintained to the extent necessary to properly investigate the complaint. It is sensible for

the complainant to advise the witnesses of the action being taken where appropriate. There may be circumstance where

that is not appropriate (e.g. where the complainant believes a witness to be hostile to you lodging a complaint). You have no

right to be present during the interviews with the witness. Once you have lodged your complaint, it is not appropriate to

approach witnesses about your complaint. A breach of this protocol has the potential to compromise the investigation of the

complaint and may be regarded as misconduct.

What is the role of the Conduct and Ethics Branch?

The Department’s Conduct and Ethics Branch is responsible for the implementation of policy and the provision of advice on

complaint resolution procedures, unsatisfactory performance, serious misconduct and equal opportunity complaints

(including sexual harassment). Complaints are not lodged with the Conduct and Ethics Branch. As noted above, you need

to speak to your immediate manager or principal, or if the complaint involves your immediate manager or principal, then you

need to speak to the manager one above or the regional director. If they are unsure of the process for dealing with your

complaint, the Conduct and Ethics Branch will provide advice on complaint resolution procedures.

What action can I take outside of the Department when making a complaint?

All staff have the right to take their complaint to an external body. These organisations include the State Services Authority,

the Merit Protection Boards, the Victorian Institute of Teaching, the Ombudsman’s Office the Victorian Equal Opportunity

and Human Rights Commission and the Human Rights and Equal Opportunity Commission. The nature of the complaint will

determine which organisation may be appropriate.

What is the role of the Merit Protection Boards?

The Merit Protection Boards provides an independent review process in respect to ‘personal grievances’. An individual

employee may only appeal to the MPB in respect to a ‘personal grievance’. In respect to the ‘complaints’ procedures, the

MPB may only get involved when an employee has a personal grievance resulting from the outcome of the complaints

procedures.

[hebrew]

Victorian institute of teaching VIT - should be able to advise you as well, they better as i see the fee teachers have to pay each year as a crock of shit if they dont.

there are avenues so dont just put up with it that is not acceptable

good luck for yoru friend i hope they get this sorted

[kenny]

Thanks for the Info.

I was actually wondering about the legality of filming the kid in action.

Often when she is walking to school this kid and his mates sit on a bench about 100feet from the school gate. So I figured if she got a little footage of them calling her out before she actually entered the school, that would not be the same as filming the kid during school hours. Technically she wouldn't be working at that point.

Anyway, hopefully It can be resolved before it goes too far. She is in her 50's mind you, people of her age don't need this kind of emotional stress.

[Smiling Cloud]

I think your friend should carry a recording device around with her so that whenever the little shit starts spouting off she can pull it out and say " you are now being recorded", even if its not permissable as evidence i don't think a year 10 student would know that.

I think the threat of recording him would intimidate him enoiugh so that he would leave her alone. And if he doesn't then she has a record that she can show both the principal and the students parents.

The point being that the student knows that if he steps out of line that there is now evidence and he cannot use his parents to pressure the school. It sounds like the kid is really testing the waters and it could lead to physical violence if it continues unchecked, especially seeing how the little shit is pretty much getting away with it. Is it a private school or something?

Or she should start carrying around mace and a phone book. If he wants to take advantage of no witnesses, then so should she.

[kenny]

Yea that's another option.. Actually telling him that he is being recorded might be a deterrent.

Its a public school by the way. Hence, none of the teaching staff give a shit. The heads don't want to know about it, they just want to do the absolute minimum required of them in these situations. And unfortunately, if taking the side of the parent = less work. They will take that path.

[hebrew]

but as i said that is not permissable by the department, so go above them, school can lbe azy but those principals have to answer to all sorts of regional directors and shit, so if you go to them then those principals have alot more at stake than anyone else to make sure this gets resolved in a decent manner yeah. less work isnt an option.

to play devils advocate here, the student could claim bullying by her pulling out a recording device and using that to record the situation, its a fine line. it depends how clued in this kid is, i am guessing hes a dumbarse fuck, but you never know. children are made to gow up too fast these days they are exposed to all sorts of information and if it is his thing to intimidate a teacher maybe he knows something about it?? dont underestimate what they know.

[marsha]

plant drugs in his bag! get him busted ;) or better still homosexual pornography that wont go down to well with his class mates he will never live it down!

[blangschpeer]

My fiancé is a teacher and filming is an absolute no no and will more than likely end in your friend being fired.

I'd approach the principal and say that things are getting way out of hand and she's thinking of calling the police/applying for a restraining order. That should at least get the message across how serious things are getting and make the staff actually get off their arse.

Good luck to your friend, I hope things go her way soon

[woof woof woof]

I like marshas idea. hehehe

it's not a good solution though.