eBulletin3_2011 - Catholic Education Office

ArticleTitle Interacting with studentsTeachers frequently express concern about touchingor restraining students. They are both forms of physicalcontact. Inappropriate touching can be assault or battery.It can potentially end up as a criminal charge, and possiblyalso civil action for trespass. To avoid either, physicalcontact has to be appropriate in the circumstances.Touching studentsPhysical contact with students should be approached withcaution, but there are several instances where it might beappropriate:• Restraining them in situations where they mightpresent a danger to themselves or others.• Saving them from impending harm.• If a student asks you to assist them in a way thatlegitimately involves contact (such as getting off ahorse).• Administering first aid.• Coaching them in certain sports.• Incidental touching (brushing past them in acrowded corridor).• Legitimate guidance (especially for very youngstudents).• Legitimate comforting of upset students.• Acceptable touching (such as shaking their handwhen they win an award).• You may find that students, particularly youngerones, will come up and hug you. You don’t have torecoil in horror, but be professional about it.• If students consistently do this, tell them it is not OK.You have a right to personal space too.• If a student appears uncomfortable with anytouching – back off immediately unless it is a genuineemergency.• Be aware of cultural differences.Restraining studentsHere is an interesting case note about a school fight:Moran v Victorian Institute of Teaching (Occupational andBusiness Regulation) [2007] VCAT 1311A fight broke out at a school, involving up to eight girls. Theteacher on duty, Mr Moran, had his teacher registrationcancelled due to his handling of the event. It was alleged:• He failed to intervene appropriately at the start, when thefight was just verbal.• He failed to intervene during the altercation.• He failed to render assistance to a student after the fight.He appealed.Tribunal’s findings:The teacher should have asserted his authority at theearly stages of the altercation, but not doing so was notserious misconduct. Not intervening during the fight wasnot incompetent but was an ‘error of judgment’. Failure toapproach [student B] after the fight to ascertain the extent ofher injuries amounted to serious incompetence.The Tribunal noted: ‘there is no immutable rule that a teacher shouldphysically intervene in a fight between students.’ Teachers should notplace themselves or other students in harm’s way. The Tribunal alsocriticised the school’s yard duty rosters, as another teacher failed toturn up for duty (sound familiar?).Result for the teacher:The cancellation of his registration was reversed, however a period ofsuspension was imposed. He was ordered, at his own cost, to attendcourses on professional development and student discipline.The above case is not a definitive statement of the law, andno criticism of the teacher concerned is intended. But wecan learn from such cases.What do we learn from cases like this• If you see a fight brewing, do something about itearly. You should do what you are reasonably capableof doing. Safety is your first concern (yours and yourstudents’).• A fight between small children will require a differentresponse from a fight between burly Year 12 ‘blokes’.• You don’t have to be on playground duty to beresponsible for the situation.• Start with a verbal warning to desist.• Send for help. A witness can never go astray.• If you can physically intervene, do it appropriately.• Make sure those around are as safe as possible.• If it looks really serious, call the police, and tell thestudents you are doing so.• If someone is injured attend to them and get medicalhelp if necessary.• If you know a fight will take place, do something aboutit before it happens.• Playground duty rosters should reflect the relativeneeds of the school.• The CEO has a policy on restraining students: http://www.ceocg.catholic.edu.au/policies/restraint.htmJohn AlatiSenior Officer, Human Resources CEO6234 5465, john.alati@cg.catholic.edu.au1 THE BULLETIN EDITION 1, 2011