Having sex inside the premises of a school can not be grounds for expulsion. This was the decision of the Constitutional Court on the case of two students of a military institution, who were thus sanctioned, after the school’s directors found a video that proved that behavior.
For the high court, the expulsion is a disproportionate sanction considering that this behavior , although it can be reproached by coexistence manuals, is part of the intimate sphere of people and does not affect third parties.
The Court ordered the institution to reintegrate the students and reinitiate the disciplinary process against them, but respecting their guarantees and linking their families, counselors in psychology and social work.
The topic has sparked a discussion about the regulations and limits of schools and students. For Fernando Vita, rector of the Leonardo Da Vinci school and representative of Uncoli (Union of International Schools), “sexuality is part of the human being and of his privacy; everyone should take it individually. ”
The educator believes that the manuals of coexistence of schools take into account issues related to the daily management of a community, “but under no circumstances are things that are above the law and things that enter the sphere of development person, who belong to privacy. This should not be regulated by a manual of coexistence. “
However, he considers that “we should teach the boys to make intelligent decisions. One can not say if it is right or wrong if they have sex in one place or another. Each being must choose at what moment sexuality takes him forward. But definitely, a classroom is not the right place. But this should not become an academic debate, it is not an academic debate. “
Violation of rights and mental health
The child psychiatrist Álvaro Franco believes that the ruling is very appropriate because, according to him, the educational institution “did everything wrong” and is the main responsible for the violation of the right to privacy. And although it clarifies that the sexual encounter between the two students could have been an inappropriate act within the educational institution, it corresponded to an intimate act that should have been respected.
Franco also believes that the school acted wrongly by expelling the students instead of employing a corrective pedagogical strategy with the students, focused on the formation of values: in this case, the values of intimacy and respect. Two concepts that, according to the expert, should be instilled from the earliest ages so that children understand that sexuality is an intimate act.
One can not say if it is right or wrong if they have sex in one place or another. But definitely, a classroom is not the right place.
For Claudia Sandoval, clinical psychologist and member of the Options Group – an organization that works on the prevention and therapeutic approach of victims of sexual violence – families, youth and the institution must be articulated in the management of this situation. Teens need guidance: ” This is a learning opportunity. It is necessary to talk with them about what the implications of their sexuality are, to ask them how they are taking care of themselves, what their expectations are and what they know about having a protected, responsible sexuality “.
Now that the students will be reintegrated into the school, it is key to have an open discussion with their classmates, bearing in mind that a recording existed (or does exist). According to Franco, it is very likely that these students can be bullied and discredited, so it is essential to focus on the repair of the damage and a mental health intervention among the students.
According to Franco, the school must be responsible for repairing the damage: “You must ask for excuses because it was the one that violated the right to privacy, respect and education. Must repair in terms of psychological treatment costs required by students for the damage they suffered and should reflect on how to act in these situations, “he explains.
Sandoval insists on the importance of working with the whole group: “(the video) is a way to violate their privacy, emotional abuse. Therefore, any information that has to be deleted. This must be clear: you can not allow this information to be shared because it can generate a terrible emotional effect on the couple . Everyone should have the responsibility that this information should not be asked or shared. ”
The expert believes that this is an experience for the school to ask what is missing in the manual of coexistence. Situations like these should be clear and sufficiently spread among the educational community.
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