Mr. Higginbottom, the Principal and Mrs.

Farringdon, the Guidance Councilor at Forest Mountain Primary, had been at loggerheads since their student days at Teachers College. Mrs. Farringdon had been married before she entered college, and there were now three children of the marriage, one of whom, Sonita, was a student at Forest Mountain Primary. Her family was of the Seventh day Adventist faith.

After being on staff for two years, Mrs. Farringdon found out that Sonita was being pressured by the School Chaplain to attend certain classes where the religious instructions were strange to her daughter. One morning, when the Principal was told by a teacher that she suspected that Sonita was being sexually molested by the driver of the bus that took her to school, the Principals retort was that she was not surprised because he was sure that Sonitas mother had a sexual relationship with another student when they were at college.

Discuss the issues involved in the series of events outlined above. Advise Mrs. Farringdon as to how she might treat the issues legally. What outcomes would you expect from any legal action that might be taken?

Religious liberty Defamation Sexual offence Breach of Child Care & Protection Act.

Sonita was being pressured by the school chaplain to attend certain classes where the religious instructions were strange to her.

No Persons shall be hindered in the

enjoyment of freedom of thought and of

religion, freedom to change their religion or belief, and freedom to join with others to propagate their religion or belief in worship, teaching, practice and observance.

The Constitution of Jamaica provides Section 21 Subsection 2 (21(2)) that, except with his own consent, (or, if he is a minor, the consent of his parent or guardian).

No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion or religious body or denomination other than his own.

States that; It shall not be required as a condition of the admission or attendance of any student in a public educational institution: That he shall attend or abstain from attending any Sunday School or place of religious worship;

(a)

that he shall attend or abstain from attending any Sunday School or place of religious worship;

(b)

that he shall, if his parent objects, attend any religious observance or any instruction in religious subjects at such institution or elsewhere;

If the parent of any student attending a public educational institution requests that such student be excused from attendance at any religious observance or any instruction in religious subjects at such institution or elsewhere, then, until such request is withdrawn, the student shall be excused from such attendance without forfeiting any of the other benefits of such institution.

A copy of this section printed in large type shall be kept posted up in a conspicuous place in every public educational institution.

Write to principal asking him to desist from having the child attend those functions.

Write to the school board chairperson requesting that Education Act, Section 18 be placed in a public space on the school compound in compliance with the statute.

Report to the ministry of education Report to ombudsman

Principals retort about Mrs. Farrington having sexual relationship with another student when they were at college.

Imputation of unchastity or adultery to any woman or girl.

Slander consists of defamatory meaning which is conveyed by the spoken word; it is transient in nature. The test is:

Did the words bring the teachers reputation in disrepute and is clearly points to Mrs. Farrington so any person listen would immediately identify her as the person to whom the principal was referring?

Were the word said in presence of at least one person who believed and as a result of believing now sees her in a lesser light

Was the statement maliciously made?

Write to the principal asking him to make public apology.

Bring legal action for defamation in court of law against the principal asking for special damages.

What is the duty of the principal as it relates to him receiving a report of possible sexual assault against a minor?

According to Section 6 of the Child Care and Protection Act (2004) any adult in authority has duty to report any acts of abuse against a minor.

The Act prescribes special duties of persons within the education fraternity as follows:

Any person who has information which causes him to suspect that a child has been, is being or is likely to be, abandoned, neglected or physically or sexually ill-treated or is otherwise in need of care and protection is obliged to make a report to the registry.

Separate and apart from that general rule which applies to every person, there is, according to this law, individuals who are described as prescribed persons.

A prescribed person has that same obligation when he is acting in the discharge of his duties and a prescribed person includes a school principal, teacher or other teaching professionals.

Failure to make a report as is required by the law will render a person, including a prescribed person, subject to penalties under the law. Where a person makes a report to the registry in good faith no blame worthiness is to be attached to that person. Reports that are made to the childrens registry are to be regarded as secret and confidential.

A person commits an offence if that person has sexual intercourse with, or engages in an act of grievous sexual assault upon, another person who is under the age of 16 years.

Anyone child under the age of 16 CANNOT give consent.

Criminal action against the driver

The driver would be charged according to Section 10 (4) of the Sexual Offences Act (2009) as person under 16 cannot give consent.

The driver will be presumed innocent until proven guilty unless the prosecution can provide evidence that manifests evidence beyond a shadow of a doubt that he was molesting the child.

Before a crime can be said to have been committed, there must be what is called an actus reus and mens rea.In this

particular case, it must first be proven that:

a) actus reus: actual penetration of the vaginal. b) mens rea: Intent to have carnal knowledge of

knowing she is under sixteen.

If it is proven that he had sexual relations with the child, he will be convicted of statutory rape unless it is his first offence, he is under 23 years old and shows that he had reason to believe she was over 16 years old.

This would be difficult as he transports her to school in uniform. If found guilty he will be imprisoned for life accordance with the Act.

Sanction against Mr. Higginbottom, principal for his breach of his duty a care giver under Section 6c of the Act, not to report the possible abuse: If found guilty he would be sanctioned according to the following sections of the Child Care and Protection Act: Section 6 (4) liable to a fine not exceeding of $500,000.00 and/or for maximum of six months imprisonment in a Resident Magistrate Court

Sanctions against Mrs. Farrington, mother for her breach of her duty as a parent under Section 7, It must be proven that she had no knowledge or suspicion of the abuse of her child and if proven.

She would be in breach of Sect 7 liable to a fine not exceeding $1million and /or imprisoned for up to 5 years before the Circuit Court.

Mr. Higginbottom & Mrs. Farrington to report the matter to CDA (Child Development Agency).

Mrs. Farrington to report the principal to the CDA To carry the child forthwith to report the bus driver to the police.

Create handout about Act showing teachers of their rights and responsibilities under the Act.