SCHOOLS are where learning and growth are supposed to thrive, yet cases of inappropriate behaviour are making the news instead, with several reports of sexual misconduct involving teachers and students going viral.
While the “Management of Sexual Misconduct Guidelines in Education Institutions under the Education Ministry” (see infographic) was released on Nov 3 last year, stakeholders are pressing for more comprehensive training for teachers, stricter enforcement of existing guidelines, and clearer indicators of boundaries in teacher-student relationships. Experts warn that failure to maintain appropriate boundaries often leads to abuse and sexual misconduct.
Prof Datuk Seri Dr Ashgar Ali Ali Mohamed of the Ahmad Ibrahim Kulliyyah of Laws at the International Islamic University Malaysia (IIUM) said the existing guidelines are ineffective in preventing grooming or boundary-violating behaviours that can lead to sexual abuse.
While the guidelines elaborate on the definitions, types, factors and implications of sexual misconduct, the roles of the sexual misconduct management committee, and the procedures for handling cases, disciplinary actions, and the implementation of interventions for sexual misconduct, he stressed that more needs to be done.
He asserted that no matter how comprehensive a policy is on paper, it will be ineffective unless communicated to students and teachers, and strictly implemented.
“The sexual harassment policy should be enforced by ensuring every student, parent and school employee receives a copy or summary of the policy and complaint procedures, along with regular reminders.
Prof Ashgar“Schools, in collaboration with the Education Ministry, should put in place a policy and procedure manual clearly stating that sexual harassment and assault are punishable offences that will result in stern action being taken against any teacher or student found guilty,” he said.
Explaining the different categories of sexual harassment in schools and universities, Prof Ashgar said it can emanate from lecturers or teachers to students and vice versa, as well as between students themselves, taking various forms such as verbal, physical and non-verbal.
“Verbal harassment entails any upsetting or insulting words directed at someone because of their gender. For example, certain nicknames like ‘stud’, ‘babe’, ‘chick’, or ‘sexy’ may have certain connotations.
“Non-verbal harassment may include leering (staring) or sexual gesturing (movements).
“Physical harassment is any unwanted physical contact. This may include, but is not limited to, touching, grabbing or pinching in a sexual way,” he said, adding that these actions may be regarded as sexual assault, which is a criminal offence.
He also emphasised the importance of teachers having a clear understanding of what constitutes sexual harassment and the need for greater awareness and education among students to protect their dignity and rights, while calling for improved training on how to report suspected abuse.Early this year, the Prime Minister’s Department (Law and Institutional Reform) and the Education Ministry signed a memorandum of understanding to combat under-reporting of sexual offences against children.
During the March 16 event, Education Minister Fadhlina Sidek warned that teachers who sexually exploit their students would be sacked.
She said teachers must be prepared to undergo training, receive guidance, and have the confidence to report any cases of misconduct that occur in their respective schools.National Union of the Teaching Profession (NUTP) secretary-general Fouzi Singon said the NUTP has been at the forefront of addressing complaints related to sexual harassment in schools.
Fouzi“The union has consistently emphasised the importance of professional conduct among its members, advising teachers to avoid any physical contact with students to prevent misunderstandings and accusations.
“This precautionary measure is crucial in safeguarding the well-being of both educators and students,” he said, adding that during briefings and training sessions, the topic of sexual harassment is frequently highlighted.
This, he explained, is to ensure that educators are well-informed and vigilant about maintaining appropriate boundaries.
He said the establishment of the sexual misconduct management committee, as provided for in the “Management of Sexual Misconduct Guidelines in Education Institutions under the Education Ministry”, is a significant step towards addressing sexual harassment.
“The committee’s role involves developing clear, actionable guidelines and protocols to ensure that incidents are handled with the utmost sensitivity and fairness.
“Through continued vigilance, education and clear guidelines, it is hoped that incidents of harassment will be significantly reduced, thereby promoting a healthier and more respectful atmosphere within our educational institutions,” he said.
The appropriate action against teachers who cross boundaries should depend on the severity and nature of the infraction, Universiti Tunku Abdul Rahman (UTAR) Department of Psychology and Counselling head and lecturer Tay Kok Wai said.
He added that these factors should be considered when creating a policy and procedure for dealing with cases of sexual misconduct between a teacher and a student.
Tay“For minor infractions where the teacher may have unintentionally crossed a boundary, a formal reprimand, coupled with mandatory training on professional ethics and boundaries, can be an appropriate response.
“In cases of more serious or repeated boundary violations, a temporary suspension can be warranted.
“This allows time for a thorough investigation and serves as a clear message that such behaviour is unacceptable,” he said, adding that the suspension period can also be used for the teacher to undergo further training and counselling.
He said allowing a teacher to retire or resign might be considered in cases where it is mutually agreed upon and serves the best interests of the students and the institution.
“However, this should not be used as an escape route to go off scot-free, especially in severe cases.
“The goal of any action taken should be to protect students, uphold the ethical standards of the educational profession, and ensure that appropriate boundaries are maintained,” he said.
