Student/learner allegations of teacher sexual misconduct: A teacher’s right to privacy and due process

Abstract

Much is at stake when it comes to sexual misconduct of teachers in the USA and South Africa. Both countries expect of all teachers to report abuse of children to the respective social services and law enforcement agencies: failure to do so can, in the USA, lead to the suspension of a teaching licence. This article focuses on (i) the extent to which members of the public are entitled to the names of teachers against whom allegations of sexual misconduct have been made, (ii) who should investigate complaints of sexual misconduct, and (iii) to what extent teachers may insist on privacy in such circumstances. These matters are discussed from a USA and RSA comparative perspective, with specific reference to the fact-finding process and school governing bodies' governance role in the South African public education sector, and the school officials' roles in the USA. From a discussion of how the USA have thus far dealt with this dilemma, it seems that teachers should be entitled to protection against the damage that unproven allegations of sexual misconduct could do to their reputations. Some of the recommendations that are made to redress the South African situation are that the fact-finding process after a complaint of sexual misconduct has been filed must be managed smartly, and that Magistrates must undergo some form of in-service training to make them aware of the basic fact-finding errors they frequently commit at this level.