Do not disclose information about teacher violations until there is a conclusion: Many concerns remain

Many people are concerned about the regulation that 'individuals and organizations are not allowed to disclose information during the inspection, examination, and handling of violations by teachers without an official conclusion from a competent authority' in draft 5 - the Law on Teachers that will be submitted to the National Assembly for its first comments.

The latest draft of the Law on Teachers (5th draft) at point b, section 3, Article 11 has "Things that cannot be done". One of the things that organizations and individuals are not allowed to do towards teachers is "Publicizing information during the process of inspection, examination, and handling of violations by teachers when there is no official conclusion from the competent authority or spreading and disseminating inaccurate information about teachers". Talking to Thanh Nien Newspaper reporters, parents, teachers as well as lawyers all have many concerns about this.

Cases of teachers hitting students on the head, pinching ears; beating students until their fingers were broken; using electric wires to hit students or "asking for support with a laptop"... have been reported by public opinion and the press recently.

REGULATIONS TO PROTECT TEACHERS?

Currently teaching at a public high school in Ho Chi Minh City, Mr. Hung Nam (the character's name has been changed) told Thanh Nien Newspaper reporter: "The reality of recent times shows that many negative incidents of teachers in the process of performing their duties have been mostly known through public opinion, and it seems that parents, in addition to helplessly complaining, can only ask for help from public opinion agencies such as the press. I am concerned that if this provision in the draft law is passed, will it lead to violations and negative incidents of teachers, if any, being suppressed or covered up?"

As a parent with a child studying in District 1, Ho Chi Minh City, Ms. Thu Ha (character's name has been changed) expressed her perspective: "Recently, public opinion has contributed to speaking up, and authorities have stepped in to handle many negative issues related to teachers such as overcharging, "class funds", "school funds"... Citizens have the right to reflect on the negative issues of individuals and organizations in all fields, not just teachers. And when sharing and reflecting information, any citizen must be responsible before the law for what they say."

On October 24, informing the press about new points in the draft Law on Teachers submitted to the National Assembly for first comments at the 8th Session, the Center for Communications and Events (Ministry of Education and Training) said that the regulations on the rights and obligations of teachers, and on what is not allowed to do, are aimed at increasing protection for teachers. The information sent to the press said: "This regulation is necessary to protect teachers, especially in the context of strong development of social networks and online media as it is today. If teachers commit violations, there will be sanctions according to regulations. The characteristics of teachers' professional activities are special, if there is no plan to protect teachers, the affected subjects will not only be teachers but also students".

However, in response to this, Mr. Hung Nam frankly said: "Teachers need to be protected by a friendlyeducational and working environment, eliminating formalities; teachers need to be protected by having a confidential information channel so that teachers dare to speak, dare to debate, dare to criticize educational decisions, the situation of "king's law losing to village customs", about "little kings" in schools...".

In 2019, a teacher at an elementary school in Tan Phu District, Ho Chi Minh City was discovered by parents beating many second grade students through a hidden camera in the classroom. Public opinion and the press simultaneously reported, on October 22, the People's Committee of Tan Phu District, Ho Chi Minh City issued a decision to force this teacher to quit his job.

PROTECT HONOR AND PRIVACY BUT BE TRANSPARENT

As a private teacher, Mr. Le Hoang Phong, founder of the YOUREORG Education and Training Organization, said that there are many benefits that the education sector and the community will gain when publicizing the violations (if any) of teachers. The first is to ensure transparency, helping parents, students and the whole society have an accurate view of the quality and professional ethics of teachers. Transparency is also a way to affirm the education sector's commitment to core values ​​such as honesty, fairness and responsibility.

Disclosure of misconduct helps prevent negative behavior and helps teachers, as well as other individuals in the profession, become more aware of their roles and responsibilities. When people know that misconduct can be disclosed, this will become a driving force for each individual to self-control their behavior and conduct themselves appropriately. This will not only create a positive working environment but also maintain the trust of parents and society in the teaching staff.

Mr. Le Hoang Phong said that point b, section 3, Article 11 of the draft Law on Teachers has a progressive point in order to protect the honor and privacy of teachers, ensure accuracy and avoid false information. "However, this regulation has potential shortcomings that reduce the transparency of the inspection process as well as can lead to the risk of covering up internal violations. Limiting the disclosure of information during the investigation process can inadvertently create conditions for some individuals or organizations to abuse their power to cover up violations. In addition, the regulation does not encourage the participation of society and monitoring organizations in reflecting and detecting violations. While society has the right to know about acts that affect the quality of education, this regulation makes public opinion "blind" to problems in the education system," Mr. Phong said.

Mr. Phong suggested that to achieve maximum effectiveness, the draft Law on Teachers needs to adjust and supplement the information disclosure mechanism at each stage of the investigation, ensuring transparency while still protecting the privacy of teachers. In addition, it is necessary to establish independent feedback channels from the community, allowing parents and students to contribute information responsibly.

What do lawyers say?

Lawyer Nguyen Minh Thuan (Saigon Vietnam Law Firm) said that in his personal opinion, the regulation that "information cannot be made public during the inspection, examination, and handling of violations by teachers without an official conclusion from the competent authority or spreading or disseminating inaccurate information about teachers" is inappropriate.

"First, Article 16 of the Constitution (2013) stipulates: "Everyone is equal before the law". Even a teacher is a person, a citizen, so he must comply with this provision. Second, Article 119 of the Constitution stipulates: "The Constitution is the fundamental law of the Socialist Republic of Vietnam, with the highest legal effect. All other legal documents must comply with the Constitution". Therefore, if the draft Law on Teachers stipulates that it is not allowed to "publicize information during the inspection, examination, and handling of violations by teachers when there is no official conclusion from the competent authority or to spread and disseminate inaccurate information about teachers" is contrary to the Constitution.

Third, if the above regulation of the draft Law on Teachers is passed, it will lead to a situation where other professions also "ask" to be regulated by regulations of a similar nature, and thus will result in many negative consequences arising," lawyer Nguyen Minh Thuan frankly said.

Master, lawyer Kieu Anh Vu (KAV Lawyers Law Firm), believes that it is sufficient to stipulate that "inaccurate information about teachers cannot be disseminated or disseminated". "Reflecting information honestly and accurately, especially press reports on violations, fighting against violations of the law and negative phenomena in society, including in the field of education or of teachers (if any), there is no reason to restrict or prohibit. However, any individual or organization that publicly discloses information related to teachers must be responsible for the disclosure of that information. If there is a violation, there are now adequate sanctions to handle violations of the act of publicly disclosing false information", said Master, lawyer Kieu Anh Vu.

Source: https://thanhnien.vn/khong-cong-khoi-thong-tin-sai-pham-nha-giao-khi-chua-co-ket-luan-con-nhieu-ban-khoan-185241103185220717.htm