Free Sexual Misconduct: The Raising Issue of in South African Schools

Several instances of sexual misconduct in South African schools have elevated the issue to being a national concern. The South African media recently has numerously reported how schools across South Africa are becoming more dangerous for both pupils and teachers. Consistently sexual misconduct incidents in schools across the country continue making news headlines. Young women in particular are affected by this in one of the places they are most vulnerable at which is at school. It is quite clear that we as a nation have laws that should protect our children from any form of sexual misconduct in schools and to effectively punish the transgressing teachers. However, the reality truth is that several forums and the integral oppositional nature of all these practices make effectively dealing with sexual misconduct in schools a serious challenge. The problem to address is what raises free sexual misconduct in schools. In this essay, I will discuss factors that lead to sexual misconduct in schools, how it can be prevented or solved using the Existentialism theory. And also I will look at the effects of this crisis and what the department of basic education has done to address this crisis and why I tend to align myself this topic.

Sexual misconduct is a broad concept which means any act including, but not limited to, any verbal, non-verbal, written or electronic communication or physical activity directed toward or with a child or a learner regardless of the age of the child or a learner that is intended to establish a romantic or sexual relationship which is committed without the consent or by force, intimidation, coercion or manipulation with a learner or a child. Sexual abuse, sexual violence, and sexual harassment are the extreme types of sexual misconduct. Existentialism can be well defined as a view point that highlight one’s freedom, choice, and existence. It also allows the individual to express their own meaning of life and try to make balanced choices regardless of existing in an irrational world.

How Sexual Misconduct Occur in South African Schools?

Sexual misconduct can occur in a form of sexual abuse, sexual harassment and sexual violence. These incidents take place in an office, classroom and even in school toilets. Abusers in the school environment can be educators, coaches, caretakers and in some instances other learners. Not all people working within the school environment are predators, it is a small percentage of educators who exploit their positions and powers to exploit their learners. It is very disturbing on how whenever these stories breakout, we are often alarmed at the number of victims and how long it has taken for these incidents to be exposed. This is because sexual harassment or abuse in schools is very hard to report, identify and address compared to when it is in a work place or home. Two things have become popular and had a massive effect on the prevalence of sexual misconduct in schools: Social media and text messaging. Almost 80% of the school learners own smartphones and almost 94% now are into social medias. Classroom sexual predators have been exploiting these new, unsupervised modes of communication to develop improper relationships with leaners out of the sight of parents and the principal.

Sexual harassment can occur in the form of ultimate forced sexual act, abusive language, gestures and touching. There was a case where an educator had sexually abused 8 learners in the school. Learners were called in individually to explain what transpired to the South African Council for Educators investigator. One of the learner indicated that the educator brushed their thighs and breast in class whilst teaching them. The other incident was of a teacher who was facing five charges of sexual assault. This male teacher was accused of touching the private parts of a girl learner and in turn the teacher had forced the learners to also touch his private part.

Effects of Sexual Misconduct on Learners

Any form of sexual misconduct against a learner rob them of their childhood, interfering with their emotional, psychological and physical health development. It deprives a learner of their inherent constitutional right to equality and dignity. The impact on leaners directly affected may include a drop in self-esteem, confidence and may contribute to absenteeism and emotional withdrawal. In terms of educational impact, the global research indicated that poor academic performance is common amongst learners who are sexually misconducted. His/her education becomes disrupted since well they find it hard to concentrate during the lesson. In terms of physical impact, a learner specifically girls may end up contracting sexually transmitted diseases and getting pregnant.

Following the secretary generals comment: “We [are] also angered that we are no seeing a decline in this kind of conduct from our own colleagues that are supposed to be caring for our children, because teaching is nothing but caring for our children.”

To see the decline in this kind of conduct from our own colleagues is always by reminding them South African educators that they have the legal moral duty to refrain from any form of sexual misconduct. This must also be taken as a matter of urgency by the department of basic education and the South African Council for Educators (SACE) to deal harshly with the educators that are found guilty of this kind of conduct and they should face dismissal and deregistration from the SACE to never teach again. By so doing I believe there will be a decline on this incident in our schools.

How Existentialism Theory Can Help Us to Solve This Crisis?

Using existentialism in this case a teacher can use his or her position to provide pathways for learners to explore their own values, meaning and choices. Instead of being involved with learners in a sexual way, I believe existentialism can help educators to search for their true selves and their true personal meaning in life and their direction and purpose in this profession of teaching and also it will assist in them in recognising their personal responsibilities and to become more responsible without the help of any laws, traditions or ethnic rules. Existentialism will also help educators to liberate their minds from confusions that’s lead him/her in abusing their powers in every situation he/she finds himself in. It will also give the educators the knowledge that school exist to aid children or learners in knowing themselves and their place in the society not to abuse them. This theory will also help educators in helping learners to develop authentic self, to develop a sense of responsibility in a learner, to prepare a child for social adjustment and will also help the educator in delivering the liberal curriculum to the learner. Educators who apply this theory will have freedom to do things their own way in terms of teaching and learning as personal pursuit to define identities and to live authentically without harming others in any way. This theory will give both learners and educators in knowing their roles and responsibilities in education.

What Did the Department of Basic Education to Address This Crisis?

The department of basic education, South African council for educators Act 31 of 2000 the constitution of the republic of South Africa 1996 has instituted a range of strategies in assisting schools with this crisis. There are specific laws, policies and legislative frameworks implemented to regulate such behaviours in schools. This laws applies to cases in which a learner has been sexually violated by school officials. These laws aimed at protecting learners from all forms of misconduct they may come across from educators and other learners, and also to support the school in responding to such cases. The DBE takes every reported case seriously because it is their main priority to ensure that each and every learner is safe within school premises. Department of basic education has also granted the parents of victims the opportunity to open a criminal case against the perpetrator in the local police station if the conduct can be classified as offence such as rape, statutory rape or sexual assault. The child or the parent should also inform the school authority about the incident and the school authority must report the incident for it to be investigated by the DBE, SACE for disciplinary proceeding against the perpetrator to be conducted. The SACE act provided code of conduct for educators which regulate their ethics. The SACE Act stipulated that Sexual misconduct is a breach of educator’s code of ethics and will result in a penalty.

My Point of View and Ways to Neutraliaze This Crisis

I respect all the viewpoints on sexual misconduct in schools and they are all true. All I can say is that our department is not doing enough to hinder this sexual misconduct crisis. It is quite evident that they only take the incidents seriously only when it starts to trend on social media platforms. The school authority also somewhere somehow hide such issues to the public because they believe that it is in the best interest of the school reputation and the community. Such decisions are bad for our country. I strongly believe that the department and the schools have what it takes to put end to this. They can start by implementing the following policies: a school safety policy, and the code of conduct for learners. This policies will make it clear on what is acceptable interaction between the educator and a learner, including what is unacceptable behaviour. I also suggest that the school authority must encourage the learners to report any unusual encroachment and remarks made by an educator. Learners must also be taught to question the motive of an educator who wants to meet with them after school hours alone. If also the DOB can improve the responsiveness of system in reported cases, I believe the confidence in the profession will be restored instantly. Also in forming forums that will empower girls to defend themselves since well they are mostly the target.

Conclusion

South Africa has a robust policy of frame works dedicated to preventing and responding to school misconducts. A major challenge lies in the lack of monitoring and evaluating the implementation of these policies to make schools more conducive for learning. To effectively address this crisis I believe that it is important that school authorities should engage parents and more and community members in combating such issues since well they impact them also.

References

1. Coetzee, S, A (2012) Law and Policy Regulating Educator on Learners Sexual Misconduct. University of South Africa.
2. Burton, P & Leoschut, L. (2015). Optimus Study on Child abuse, Neglet and Violence in South Africa. Research Bulletin , 6. Capetown: centre for justice and crime.
3. American Association of University Women. (2021). How Schools Can Address Sexual Harassment: A Step-by-Step Guide for Educators. Retrieved from https://www.aauw.org/resources/article/step-by-step-guide-for-educators/
4. National Center for Education Statistics. (2021). Indicators of School Crime and Safety: 2020. Retrieved from https://nces.ed.gov/programs/crimeindicators/ind_20.asp
5. Quinn, K. (2021). Addressing Sexual Harassment in Schools: An Overview of State Laws. National Conference of State Legislatures. Retrieved from https://www.ncsl.org/research/education/addressing-sexual-harassment-in-schools-an-overview-of-state-laws.aspx
6. Stemple, L., & Meyer, I. H. (2020). Sexual Victimization by Gender Identity Among U.S. High School Students. Pediatrics, 145(6), e20193458.
7. U.S. Department of Education, Office for Civil Rights. (2021). Title IX and Sex Discrimination. Retrieved from https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html