Female teachers are not spared.

They are often subjected to inappropriate, perverse behaviour and assault from underage male students, especially in all-boys schools, some educators have said.

And attorneys-at-law have indicated that youngsters carrying out these acts against their teachers can, if it should come to that, be punished in the courts of law.

One of the teachers relayed an incident in which a boy used a piece of broken mirror to see under her skirt while class was in session.

“He was seated at the front of the class and there is no reason to think into it or think anything of it. It turns out that the young man had a piece of broken glass on his foot, and then he stretched out his foot up under the opening at the front of the teacher’s desk,” the history teacher told the Jamaica Observer.

“And under the desk, his foot was under my skirt while I was sitting down around the table. His foot was positioned in such a way that he can easily see the reflection on the glass,” she recalled.

The woman said she was shocked by the “blatant disrespect”, which was carried out so casually.

“I had no idea. From where I was sitting, the boys in the front row, I can see their upper body… I’m not seeing their bottom half, and then I am not really focusing down there because I have no reason to. I realised something was up when I heard some of the boys around the back giggling and whispering amongst themselves.”

Defence attorney Alexander Shaw explained that the conduct is just “plain wrong” and should be discouraged with consequences. However, he said he is not convinced that it rises to the level of criminal prosecution.

“Assuming that a student is charged for possibly the offence indecent assault. The challenge a prosecutor would encounter is that indecent assault is not defined by our Sexual Offences Act or the Offences Against the Person Act. So ordinarily, it is the common law that one has to look to for resolve.

“And the common law has always coupled indecency with some form of physical act in determining whether a particular conduct meets the indecent assault threshold. No well-thinking person would dispute that this sort of conduct is indecent. But the apprehension of physical violence required for an assault to be made out is not very clear to me, and a criminal tribunal will grapple with same.”

Shaw argued that it is a violation of one’s dignity and sexual autonomy.

“But the only recourse I can readily see is with respect to the new Sexual Harassment Act, which places the burden on employers to make the workplace free from sexual harassment.

In addition, the teacher said the matter was brought to the attention of the grade supervisor and the boy was suspended.

“I reported it immediately. I did not even address the student. I went straight to the principal. I felt so disgusted. This was a grade eight class full of 14-year-old boys. It is totally unacceptable,” she told the Sunday Observer.

One teacher at an all-boys institution in Kingston added, “I have not spoken to anyone in particular about it, but I know I have come across this in conversations though. I’m sure people experience it, but women will be more reluctant to discuss.”

Another teacher recalled a totally different situation. In her case, she was actually touched by a student.

“I was slapped on my bottom by a young man in grade seven. Grade seven! He did it in such a way to say it was an accident and his hand just accidentally touched me. I had just started at the all-boys institution and had that particular class for about a week or so. I am telling you, I was completely shocked. It was shocking — the fact that he did it, his reaction, and also the reaction from some of the other boys who were present,” she said.

Attorney Sayeed Bernard told the Sunday Observer that a student’s age doesn’t prevent him from facing the law for such an act.

“The student could be charged with indecent assault under Section 13 of the Sexual Offences Act, and if under the age of 18, he would have to report to the family court with a view to answering the charges,” he said.

“If such student is found guilty then he could get what is termed a probationary sentence, including community service etc. This is to be viewed as a stern warning to such offender to cease and desist forthwith.”

Bernard noted that if the student continues to portray such indecent behaviour, then the courts would be well placed to deal with it and sentence him accordingly.

“If he is so deemed a habitual offender, then the sentencing regime empowered from the Criminal Justice (Administration) Act would ensue,” he added.

Meanwhile, the teacher added that the arguments tend to be that boys will be boys and things along that line. And so some of these issues are not dealt with properly.

“At the time, I reported the incident to the form teacher and the administration got involved. I was encouraged to even bring the matter to the police because several students witnessed it and wrote reports about what exactly they saw. But at the end of the day, it was my decision, and I decided not to prolong or take it that far,” she told the Sunday Observer.

“The young man apologised and he was suspended for quite some time. I don’t regret that decision because I have not had any other incident like that with any other student, and a year later I had that young man in another one of my classes and no lines were crossed. If it was an ongoing situation, maybe I would’ve taken another approach.”

Joyce Hewett, past president of Woman Incorporated, told the Sunday Observer that she would urge “extreme caution in hauling” underaged boys before the courts.

“It is best for all schools to have clear and explicit rules and policies regarding behaviour of a sexual nature, including sanctions on a graduate scale. There must be periods of open discussion so that all concerned parties are clear on appropriate behaviour,” she argued.

See related article on page 16