Madam Justice of the Supreme Court Minnet Hafiz-Bertram reserved judgment today in the cases of suspended principal and vice principal of Escuela Secundaria Tecnica Mexico (ESTM), Juanita Lucas and Celia Carillo.
The women, who had been in charge of the institution since 2005, filed suit after then-Chief Education Officer Maud Hyde ordered them suspended following complaints from parents and students and a Ministry-ordered investigation.
Attorney for the educators, Magali Marin-Young, contended to Amandala on Wednesday evening following the second day of trial that the decision to discipline any member of staff is made by the school’s managing authority – in this case, its 13-member Board of Directors – under the Education Act. The Education Rules further authorize the managing authority to conduct investigations based on complaints or suspicions of unprofessional behavior or misconduct.
According to Marin-Young, four heads of department at the school, located in San Roman, Corozal District, wrote in January of 2008 to the Board lodging formal complaints against Principal Lucas and Vice-Principal Carillo. The Board, headed by former Chair and former CEO of the Social Security Board, Narda Garcia, began investigations and met with both sides on January 15 and 23.
After the United Democratic Party’s general elections victory on February 7, 2008, Garcia resigned from her post (she is now communications director for the Opposition People’s United Party) and in response 23 of the school’s 30 teachers at the time organized a sick-out on February 28 to show that they were, as a student told Orange Walk Channel 10’s Fortunato Noble, “sick of the administration.” (The quote was aired on a Channel 7 News report on February 29.)
Newly-appointed Education Minister Patrick Faber, after meeting with all concerned, appointed an investigative team to look at all sides of the problem. This team led an open meeting with concerned parents and staff members and prepared a report, but Marin-Young told us that he does not have that power and that he compounded his error by failing to consult with the Board.
At an ESTM Board meeting in March of 2008, CEO David Leacock and Maud Hyde presented the report of the investigative team and effectively demanded that the Board take a decision then and there on the fate of the two administrators, but the Board was able to resist and insist on conducting their own investigation. Teachers’ sick-outs were held again on April 1 and 2 in response to the Board’s decision, or lack thereof.
Minister Faber, according to Marin-Young, then referred the report to the Corozal District Education Council who wrote to Hyde recommending that the investigation continue and that Lucas and Carillo be put on paid leave.
Hyde instead suspended the administrators for 30 days, extended the suspension until June of 2008, and the suspension continues indefinitely. Carlos Castillo is acting principal and Oscar Santana is acting vice-principal.
Lucas and Carillo are seeking a favorable ruling on their constitutional motion alleging that their rights to due process and a fair hearing and to work at their profession without interference was violated by the decision by the Ministry. They are also seeking a judicial review to quash the then-Chief Education Officer’s decision to suspend them.
Witnesses heard over three days of testimony included CEO Leacock, Narda Garcia and others. Samuel Shepherd of the Solicitor General’s office is representing the CEO and related defendants.
An article in the Amandala of Sunday, April 20, 2008, (#2229) written by Dr. Isabel Tun, discussed the ESTM crisis and the accomplishments of Lucas and Carillo in turning around a school that had reportedly gone through seven principals since its establishment in 1983 and carried a poor academic record and reputation for violence from students.
These, Dr. Tun argued, were largely reversed under their administration, and outweighed any allegations of a “draconian management style,” one of the complaints leveled against them.
Marin-Young told us that the merits or demerits of the complaints themselves are not being questioned, only the actions of the Ministry in apparently taking over the role of the Board.