The Supreme Court of Justice (STJ) has ruled that a teacher exhibited inappropriate behavior on four occasions while supervising locker rooms used by girls aged 11 to 14. The court emphasized that this occurred at times when the students were expected to be changing clothes, a fact the teacher could not disregard.
The ruling noted that the girls were in puberty, a stage characterized by significant physical, psychological, and emotional changes, which makes them particularly vulnerable. It is crucial to maintain their privacy, especially in school settings, a fact the teacher should have recognized.
The court highlighted that this developmental stage makes it essential to shield children from any invasive adult behavior to help them understand that such actions are unacceptable without a valid reason, particularly involving a male teacher in a position of authority.
The STJ also pointed out that two of these incidents occurred after a disciplinary warning about a parent’s complaint, which worsens the severity of the teacher’s conduct.
The teacher claimed his actions aimed to expedite the students’ exit to prevent COVID-19 exposure, as per the school’s contingency plan. He stated he knocked on the locker room door and opened it slightly or called for the students, entering only when they didn’t respond.
However, the tribunal found no plausible justification for his actions. As the incidents happened post-class, if urgency was necessary, he should have sought assistance from female staff or called the students loudly from outside.
The judges emphasized that schools must ensure a safe learning environment where students’ rights and dignity are respected and safeguarded, requiring teachers to demonstrate exemplary conduct.
They added that parents rely on trust when choosing schools, especially private ones, and such behavior severely undermines this trust.
The teacher, dismissed following a disciplinary procedure, appealed the decision. While the first court sided with the school, and a subsequent appeal required the school to reinstate him, the Supreme Court has now justified the dismissal.
