When is it appropriate for a teacher to interfere physically in a student fight? That is the question Peter Moran recently asked the Victorian Civil and Administrative Tribunal (VCAT), and found there really is no answer.
On 23 July 2002 a fight broke out in the schoolyard of Langwarrin Secondary College. It was a physical fight between approximately eight 16-year old female students. Between 30 and 50 other students saw the fight. Also present was Peter Moran, a senior school teacher with 15 years’ experience and the school’s football coach. Moran witnessed the minutes leading up to the fight, and then the 30-second fight itself. He did not intervene physically in any way. His actions, or rather, inaction, led to the Victorian Institute of Teaching (VIT) cancelling his registration as a teacher after finding that he had committed an act of serious incompetence.
VCAT
Moran applied to VCAT to have the VIT decision reviewed. VCAT’s task was to determine whether or not Moran had been shown to be seriously incompetent as a teacher. They made several observations about the different stages of the fight.
- Before the fight
A large group of students was crowded together in a confined space, and Moran stood on the sidelines. The noise level in the area was loud, and while Moran did yell out several times (“break it up – go – leave”), he was largely unheard because of the general noise. VCAT found that Moran also waved his arms in the air in an attempt to disperse the crowd, but as he was standing behind the students none actually saw him. He made no move to infiltrate the students at this time, but it was found that it was physically possible for him to have done so at this time.
In video footage of the incident and the events leading up to it, Moran is inexplicably absent from the centre of the action for the three minutes of events leading up to the fight itself. The Tribunal found several students present perceived Moran as not taking control of the situation, and felt he should have done so.
- During the fight
In the 30 seconds of the fight, the Tribunal found none of the observers, including Moran, had a clear view of what happened to trigger the violence. The eight girls involved in the fight were described by the Tribunal as “not much less taller or less solid than the teacher”. It was clear Moran did not physically intervene in the fight, or come any closer to the centre when it began.
- After the fight
The group of students watching the fight quickly moved away afterwards.. Moran did not at any time go up to the girl, known to the court as B, who was injured during the fight. She was helped to the first aid room by her friends. Moran stood against a wall, some six metres away, maintaining his position even when the Vice-Principal came into the area seven minutes later. Friends of B hurled abuse at Moran during this time for his failure to intervene in the fight.
The Ruling
VCAT found that Moran’s failiing to assert his authority before the fight was puzzling, but his failure to intervene could not be characterised as serious incompetence – despite being a severe error of judgment. In terms of the fight itself, the Tribunal ruled that “there is no immutable rule that a teacher should physically intervene in a fight between students. There are many occasions when it would be physically dangerous to the teacher, or to one of the students, to do so. A teacher is not required to risk his personal safety, or that of another student in the discharge of his professional responsibility.”
They found teachers had a responsibility to protect students, but this did not extend to placing themselves physically in harms way or taking the risk of harming another child. It will come down to a judgment call on the teacher’s part. The fight in question was vicious with up to eight fully-grown teenage girls – they found that this was not a situation where Moran could have intervened physically without risk of harm to himself or to other students. Standing so far back from the fight was a serious error of judgment, but not serious incompetence.
The only instance of serious incompetence found by VCAT was Moran’s total inaction after the fight. They found that he should have approached B after the fight to ascertain the extent of her injuries and to ensure she received medical attention. He had seen the vicious fight, and the handfuls of hair on the ground, yet he retreated. It was found his actions after the fight were inexcusable, and had he shown appropriate concern and leadership then the incident may not have assumed the proportions it did in the mind of the school community.
While the VIT had permanently deregistered Moran as a teacher, VCAT found this out of proportion to his error of judgment lasting only minutes of his career. They suspended Moran from teaching until 1 January 2008. Despite this ruling Moran still cannot be employed in a State School after this date, due to disciplinary proceedings by the Education Department resulting in his dismissal in 2003.
How Can This be Avoided?
If there are no “real” rules for teachers to help them determine when it is appropriate to intervene physically in a fight between students, what should they do? VCAT recommended the teaching profession develop guidelines on this issue and educate teachers on appropriate strategies.
Schools are urged to develop their own protocols and ensure their teachers are well-versed on these matters so they can make appropriate judgment calls in what are clearly intense and serious situations.
If schools develop their own guidelines and teachers are educated to follow them then the school administration will be able to back their staff after any incidents, and we are less likely to see a repeat of the events involving Moran and the drama it has caused the school and the wider community. Societal attitudes dictate that teachers should protect their students, but schools need to regulate to ensure that their teachers are also protected.
For further information, please contact Leneen Forde on +61 3 9608 2243 or l.forde@cornwalls.com.au
or Anna Smits on +61 3 9608 2103 or a.smits@cornwalls.com.au
