CHENNAI: The Tamil Nadu School Education Department in a new Standard Operating Procedure (SOP) has mandated that headmasters, teachers, or any government school staff accused of sexual harassment or assault against students must be suspended within four days of a complaint being reported, based on a preliminary inquiry by the District Child Protection Officer (DCPO). This will take place in parallel to the police probe under the Pocso Act.
The SOP, which does not cover staff of private schools, outlines timelines for each stage of the disciplinary process and requires the action to be completed within approximately three months. It says action will be initiated against the disciplinary authorities if the timeline is not adhered to.
The SOP comes after School Education Minister Anbil Mahesh Poyyamozhi’s assurance that those involved in sexual violence against students will face not only criminal prosecution but also departmental action.
Activists call for child protection policy, say SOP a knee-jerk reaction
Until now, suspensions and other disciplinary measures were initiated following internal probes by department authorities. Going forward, the initial suspension will be based on the report of District Child Protection Officers (DCPO), who fall under the Social Welfare Department.
Under the newly issued SOP any teacher, staff member or student who suspects or becomes aware of a sexual offence under the Protection of Children from Sexual Offences (Pocso) Act must immediately inform the Special Juvenile Police Unit or the local police. The headmaster is also required to ensure the same-day reporting of the complaint to the Chief Educational Officer (CEO) and DCPO.
Interestingly, the SOP also calls for reporting to a “Child Welfare Protection Officer”, although no such position currently exists. If the allegation is against the headmaster, other staff must report the matter directly to the authorities without delay.
Complaints may be submitted in writing, over the phone or through the 1098 child helpline. Schools are also mandated to maintain a complaint register with details including the date, time, and nature of the offence. Disclosure of the child’s identity is strictly forbidden.
The findings should be sent in a sealed envelope to the CEO within two further days, clearly stating whether a prima facie case exists under the POCSO Act. If such evidence is found, the accused must be suspended on the same day by the competent authority.
Following the suspension, charges must be framed within seven days under the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The accused will have a week to submit a written defence. If the charges are denied, an inquiry officer must be appointed within seven days, and the inquiry report submitted within 30 days. A decision must then be made within 10 days. The accused will be informed and allowed 15 days to respond. The final order must follow within seven days, and must be proportionate to the offence.
Meanwhile, the activists said that the department issues such guidelines as knee-jerk reactions to increased reporting of cases from schools, but lacks a comprehensive child protection policy.