BUT angered by ministerial ‘interference’ over primary school sport
The Bermuda Union of Teachers has expressed “serious concerns” about the conduct of Crystal Caesar, the Minister of Education, in a reported student disciplinary matter that resulted in a PE teacher being placed on administrative leave.
The Royal Gazette understands that teachers at Port Royal Primary School are considering taking industrial action after Ms Caesar, intervened when teachers prohibited a male pupil from participating in an inter-school sports event last week.
According to a source, the teachers claim that Ms Caesar breached the Ministerial Code of Conduct.
The union references the Bermuda Public School Student Code of Conduct which it said sets out a clear chain of command in student disciplinary matters which, if not followed, raises questions under the ministerial code. The code warns against conflicts when ministers intervene in constituent matters.
The Ministry of Education has insisted that the minister did not act outside of her authority and confirmed that the issue is being addressed through “the appropriate internal processes”.
The Primary School Athletics Championships took place at the Flora Duffy Stadium across two days.
It is understood that matters came to a head on April 27 and resulted in an impromptu meeting being held at the stadium between PE teachers and education department officials.
The talks resulted in a 15-minute delay at the start of the event, which draws participants from all primary schools.
The source said that the minister directed department personnel to intervene to make sure the boy could compete, but teachers “took a stand”, warning that if the pupil was able to join the contest, the meeting would be “shut down”.
It was also claimed by the source that teachers were taking “systematic days off” and are considering industrial action in response to their colleague being placed on leave.
A spokesman for the BUT told the Gazette: “To our knowledge, the PE teacher remains on administrative leave. The BUT has followed up regarding the basis for the leave and has not received a substantive response to date.
“We have serious concerns around the way this has been handled by the minister including whether proper protocol was followed.
“Our concerns have been raised at the appropriate level. We are in discussion with the ministry about this matter.”
The BUT has been asked whether any formal industrial action is being taken or considered over the matter but has yet to receive a response.
The Bermuda Union of Teachers issued an opinion piece on the matter involving a teacher of Port Royal Primary School being placed on administrative leave.
It is published in full in today’s edition of The Royal Gazette.
A spokesman for the union said: “Under the Education Act 1996 and the Bermuda Public School Student Code of Conduct, the principal is the authority responsible for discipline at the school level.
“Suspensions are issued by school leadership, can be extended by the Commissioner of Education, and may ultimately be appealed to the minister — in that order.
“That chain matters. It is designed to ensure fairness, due process and consistency.”
It said when the chain is not adhered to, it undermines the code’s “own guarantee of due process”.
The BUT added: “ It raises legitimate questions under the Ministerial Code of Conduct, which warns against both real and perceived conflicts when ministers intervene in constituent matters, and it places the Government on uncertain legal ground when teachers, acting within their duties to protect students, are removed from classrooms as a result.”
The Ministry of Education was asked to respond to the statements within the opinion piece.
When asked specifically whether teachers were taking sick days, the spokesman replied: “We cannot comment on members’ personal leave that is taken in compliance with established collective bargaining agreement guidelines.”
Asked why the student was prohibited from participating, the spokesman said: “This is a school-level matter involving a minor and it would therefore be inappropriate for us to comment.”
A spokeswoman for the ministry told the Gazette: “At the outset, it is important to correct the characterisation that has been presented.
“Any suggestion that the minister acted outside of her authority or in breach of the Ministerial Code of Conduct is not accurate.
“The minister’s actions in this matter were undertaken within her statutory remit under the Education Act 1996, which includes responsibility for the oversight, supervision and proper functioning of the public education system.”
The spokeswoman said that in circumstances where concerns are raised, particularly those involving student welfare, “proportionality of disciplinary measures, or the application of established policies, it is entirely appropriate for the minister to seek information, require accountability and ensure that actions taken are consistent with governing frameworks, including the code of conduct and safeguarding obligations”.
She added: “To suggest that such oversight constitutes improper interference reflects a misunderstanding of the minister’s legal responsibilities.”
The spokeswoman said that the ministry would not provide comment on issues involving identifiable students or individual members of staff including “the status of any employee, the details of any disciplinary or administrative action and the circumstances relating to any individual student”.
The spokeswoman said the matters were subject to strict confidentiality and privacy requirements, which the ministry is obligated to uphold.
She said that the relevant matters are under review, that procedures are being followed and that the ministry remains engaged with stakeholders, including representatives of staff.
“The ministry’s priority remains the safety, wellbeing and fair treatment of all students, alongside maintaining a professional, accountable and well-governed education system,” she added.
“We will provide further updates where appropriate, consistent with our legal obligations.”
The Royal Gazette’s source shared a message that circulated via social media, which said: “We are told that a boy was told he could not run at inter-school sports. His parents then met with the Department of Education who agreed with the school’s position.
“His parents were still not satisfied and called Crystal Caesar. We have been told she directed DoE personnel to intervene which caused a delay to Monday’s qualifiers for primary track and field.
“One PE teacher was placed on administrative leave by the department due to upholding the request of the school.
“All PE teachers then took a stance in solidarity and said the boy will not run or else the meet will be shut down. Kalmar Richards [the Commissioner of Education] then threatened to write all PE teachers up if he did not run.”
Others were named for having “overstepped”.
The source said: “The teachers held firm and the boy did not run.”
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