A legal practitioner, Clement Opoku Gyamfi, has weighed in on a viral video showing a school head allegedly involved in a sexually compromising situation with a female student.
According to the lawyer, while the age of the student is important, it is not the only factor the law considers.
He explained that there are certain principles which place teachers in the role of guardians, making such conduct a serious breach of responsibility.
These include the principle of fiduciary duty – a legal obligation of trust, requiring someone in a position of authority or responsibility, like a teacher, to act in the best interest of those under their care; and the legal doctrine of loco parentis – a principle that places teachers or school authorities in the role of parents while students are in their care.
“The head teacher has breached fiduciary duty as a parent in the school,” he stated, noting that this is not the first reported offense by the said authority.
He added that beyond the possible administrative sanctions by the Ghana Education Service (GES), such as removal from office, due process must still be followed.
“It is only proper that the head teacher is excused from his duties and made available for investigations, but he must also be given the opportunity to be heard,” he said.
Touching on the legal framework, Mr. Gyamfi cited Section 103 of Act 29 of the Criminal Offences Act, which defines indecent assault.
He clarified that such an act could occur knowingly or unknowingly, and anyone could either be the actor or the victim.
“In the case of this head teacher, it is going to be very difficult because of the breach of fiduciary duty,” he explained.
He contrasted the situation with consensual relationships between colleagues in a workplace, which, unlike teacher–student affairs, are not considered criminal since neither party is under the care or authority of the other.
The legal practitioner stressed that the allegations are grave, and the head teacher could face both administrative and criminal consequences if found culpable.
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