THE Ministry of Education, Skills, Youth and Information is delaying its guidance to the board of John Mills Primary School until a formal court judgment is rendered regarding the recent dismissal of pornographic charges against the school’s suspended principal.

Bradly Robinson was arrested and charged in 2015 following allegations that he shared lewd photos via WhatsApp with a student of the school. He was suspended as principal pending the outcome of the case.

When the matter was brought to court in October, Robinson’s attorney, Hugh Wildman, argued that his client should be freed because the nine-year delay in trying the case breached his constitutional rights. The case was dismissed and an oral judgment of not guilty was delivered. A formal judgment is expected soon.

However, tension is brewing between the head of the school’s Parent-Teachers Association (PTA) Mark Trought, and the school board over the way forward and whether Robinson should be allowed to return.

In a written response to questions posed by the Jamaica Observer, the ministry said it is awaiting the formal judgment.

“We have been made aware of the outcome of the decision of the courts in the media. As per protocol, we await the formal judgment to ensure the appropriate guidance is provided to the school board. The court judgment has been requested by the head of our legal services unit in the ministry. In the meantime, the principal remains on suspension until he is formally communicated with by the school board,” wrote the education ministry.

Trought said he is happy the ministry has requested the court judgment and hopes that it will be delivered in short order. However, he said the question still remains as to whether Robinson will be able to return.

“Once the written judgment becomes available, what is the procedure?” he questioned.

Trought has been adamant in his stance that Robinson should not be allowed to return to the school, given the circumstances under which his case was dismissed.

“We do not want him to return as principal. We are saying, ‘Yes, the courts have freed him, but we are of the position that he should not return to the school’,” he told the
Sunday Observer.

In outlining the general approach when allegations of improper actions between a teacher and a student in the public education system are reported, the education ministry said the protocol is to have the matter investigated.

“The Child Protection and Family Services Agency and the Centre for Investigation of Sexual Offences and Child Abuse are activated to make an assessment of the situation and conduct the necessary checks, speak with the child, and open any criminal investigation. If the school is notified, the school is compelled to take steps to notify the relevant authorities. Furthermore, should disciplinary actions be warranted, Section 55 of the Education Regulations is in place to guide the school,” the ministry wrote in its response.

Under Section 55 of the Education Regulations, a teacher in a public school may have disciplinary actions taken against them for improper conduct while in school, neglect of duty, inefficiency, irregular attendance, persistent unpunctuality, lack of discipline, and such other conduct as may amount to professional misconduct.

The regulations further state that where a teacher is suspended, the minister may, on the recommendation of the board of the institution, withhold such portion of their salary not exceeding one-fourth. If it is decided at the inquiry that the charges in respect of which the teacher was suspended were not proven, then they shall be paid the proportion of their salary withheld.

Education Minister Dana Morris-Dixon noted that the ministry has a zero tolerance approach regarding any acts of sexual abuse, and takes seriously any allegations made.

“All reports will be thoroughly investigated, and we will work closely with law enforcement and our child protection agency to ensure perpetrators are brought to justice. The safety and well-being of our students are paramount, and we ask stakeholders to join us in safeguarding our schools from unacceptable behaviours,” said Morris-Dixon.