Court orders that PSVE pay wages to dismissed teachers

~ Assistant to be re-instated ~

PHILIPSBURG--The Court of First Instance has ordered Foundation for Academic and Vocational Education (FAVE) to pay monthly salaries to two dismissed members of St. Maarten Academy Preparatory Secondary Vocational Education's (PSVE's) teaching staff retroactively from May 24 until their labour agreements are legally terminated.

The Court further ordered that PSVE's assistant disciplinary coach F.A.L. be reinstated in his job until his contract has been legally terminated.

Three PSVE staff members were suspended by their employer on February 20, after allegations had surfaced that they had been involved in inappropriate behaviour, conversations and interactions with at least four female students.

The teachers were dismissed as of May 15. Two of them filed an injunction against their dismissal in separate procedures, in which they requested payment of their salaries until the court decided whether their labour contracts had been legally terminated.

F.A.L. was employed as an assistant disciplinary coach, while R.E. was a gym teacher at PSVE. Both also sought reinstatement in their jobs. The court ruled in the gym teacher's injunction on July 5, while the court decision in the assistant's case was presented on Friday.

In both cases, the Court ordered FAVE to continue paying wages until the contracts are legally terminated. Both men were dismissed without the consent of the Director of the Department of Labour Affairs.

The allegations of sexual misconduct date back to February 2011, when five female students signed a statement in which they accused three school staff members of indecent behaviour. Their statement cited "extensive suggestive, sexual comments."

In February 2012, the school manager provided FAVE with an "Incident Report on students' accusations of inappropriate behaviour, conversations and interactions" of the three teachers. In the report it was stated that in 2011, a group of four students had levelled allegations against the teachers, who had denied the allegations.

The teachers were suspended on February 20, 2011, to enable FAVE to investigate the complaints. Four days later, the school's management team advised FAVE to dismiss the three teachers.

On March 12, FAVE formed an investigating committee to look into the accusations. This committee filed a report on April 4. FAVE discussed the contents of the report with the teachers later that month. They were both immediately terminated as of May 15.

In their letters of dismissal, it was stated that they were being terminated for making indecent, sexual remarks and for improper behaviour towards female students.

In the gym teacher's case, the court stated that it was its "preliminary assessment" that the documents provided by the school were insufficient to sustain the conclusion that he had been guilty of the alleged behaviour.

Source: http://www.thedailyherald.com/islands/1-islands-news/29898-court-orders-that-psve-pay-wages-to-dismissed-teachers-.html

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