The Ministry of Education, Skills, Youth and Information is delaying its guidance to the board of John Mills Primary School until a formal court decision is made on the recent dismissal of pornography charges against the school’s suspended headteacher.

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 from the position of director until the case is resolved.

When the matter went to trial in October, Robinson’s lawyer, Hugh Wildman, argued that his client should be freed because the nine-year delay in trying the case violated his constitutional rights. The case was dismissed and a verdict of not guilty was given. A formal judgment is expected soon.

However, tension is building between the head of the school’s Parent Teacher 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 Jamaica Observerthe ministry said it was awaiting the official ruling.

“We were informed in the media about the outcome of the court’s decision. Per protocol, we await the official ruling to ensure the school board is provided with appropriate guidance. The court decision was requested by the head of our legal services unit in the ministry. In the meantime, the principal remains suspended until he is officially notified by the school board,” the Ministry of Education wrote.

Trought said he was happy the ministry had sought the court order and hoped it would be handed down shortly. However, he said the question still remains whether Robinson will be able to return.

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

Trought was adamant in his position that Robinson should not be allowed to return to school given the circumstances in which his case was dismissed.

“We don’t want him to come back as director. We say, ‘Yes, the courts have released him, but we don’t think he should go back to school,'” he told
Sunday Observer.

In outlining the general approach when allegations of misconduct between a teacher and student are reported in the public education system, the Ministry of Education said the protocol is to be investigated.

“The Child Protection and Family Services Agency and the Child Abuse and Sexual Offenses Investigation Center 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 required to take steps to notify the appropriate authorities. In addition, if disciplinary action is 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 public school teacher may have disciplinary action taken against him for misconduct in school, neglect of duty, inefficiency, irregular attendance, persistent tardiness, lack of discipline and any other conduct which may amount to professional misconduct.

In addition, the regulation provides that if a teacher is suspended, the minister may, on the recommendation of the board of directors of the institution, withhold that part of the salary not exceeding one quarter. If the investigation finds that the tasks for which the teacher was suspended were not proven, then they are paid the proportion of their salary withheld.

Education Minister Dana Morris-Dixon said the ministry has a zero-tolerance approach to any acts of sexual abuse and takes all allegations made seriously.

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