• The manager of the institution is accountable for implementing, managing and sustaining the policy and procedures described in this document. These must be managed in such a manner that confidentiality is maintained at all times. The manager may be assisted in the process by a management committee.
• All educators are legally bound to report all matters of suspected child abuse (see paragraph 3.1.3, Step 1). Such matters must always be reported to the manager of the institution unless she or he is implicated in the abuse.

1.4.2 At EMDC level –

• The head of the Specialised Learner and Educator Support component will be responsible for managing the implementation of this policy in all institutions in the area of the EMDC. All incidents of abuse should be reported to this person.

Definitions

In this policy document, unless the context indicates otherwise, the following definitions apply:

“Alleged Employee Offender” means the employee or educator against whom a complaint has been laid.

“Alleged Learner Offender” means the learner against whom a complaint has been laid.

“Alleged Other Offender” means any other person against whom a complaint has been laid.

“Alleged Parent Offender” means the parent or guardian or person legally entitled to custody of a learner, including the learner’s primary caregiver, who may not legally be deemed to be the learner’s parent or guardian, against whom a complaint has been laid.

“Child abuse” means any action or inaction which is detrimental to the physical, emotional and developmental well-being of the child. It includes (but is not limited to) neglect, emotional abuse, physical abuse, sexual harassment and sexual abuse.

“Complainant” means a learner who has lodged a complaint of child abuse, stalking, intimidation or the breach of an interim or final protection order granted in terms of the Domestic Violence Act, no. 116 of 1998.

“Documentation” includes the following:

• Notes or letters from parents;
• Medical certificates from medical practitioners;
• Notes and letters from the learner;
• Drawings made by the observing employee or educator of injuries on the body of the learner;
• Any other form of information or evidence that could be used to verify the complaint.

“EAP” means Employee Assistance Programme. This programme serves as a systemic and preventative approach to resolving problems that employees may experience. The programme also focuses on intervention strategies and professional assistance to employees through counselling and guidance.

“EMDC” means Educational Management and Development Centre.

“Emotional Abuse” means a pattern of degrading or humiliating conduct towards a complainant which may include:

• Repeated insults, ridicule or name-calling;
• Repeated threats to cause emotional pain; or
• Repeated exhibition of obsessive possessiveness or jealousy which is such as to constitute a serious invasion of a complainant’s privacy, liberty, integrity and/or security.

“Educator” means an educator as defined in the South African Schools Act, no. 84 of 1996, or the Employment of Educators Act, no. 76 of 1998.

“Employee” means an educator as defined above and also an employee, head, administrative staff-member, support staff-member or contract worker as well as any educator appointed under the Employment of Educators Act, no. 76 of 1998, or the Public Service Act of 1994.

“Governing body” means a governing body as defined in the South African Schools Act, no. 84 of 1996.

“Head: Specialised Learner and Educator Support (H: SLES)” means the person managing the Specialised Learner and Educator Support component at an EMDC.

“Institution Manager” means the head of any mainstream school, school for learners with special education needs (ELSEN school), college, technical college, or any other institution within the jurisdiction of the WCED.

“Institution” means a mainstream school, ELSEN school, college, technical college or any other institution within the jurisdiction of the WCED.

“Intimidation” means uttering or conveying a verbal or non-verbal threat, or causing a complainant to receive a threat, which induces fear. It includes

• repeated threats to cause emotional pain, and
• repeated exhibition of obsessive possessiveness or jealousy which is such as to constitute a serious invasion of a complainant’s privacy, liberty, integrity and/or security.

“Labour Relations” means the Directorate: Labour Relations of the WCED.

“Learner” means any pupil enrolled in any institution within the jurisdiction of the WCED.

“Management” means the function of guiding the process and being responsible and accountable for the plan of action to be undertaken.

“Neglect” means any act or omission by a parent or any other person entrusted to care for a learner, which results in impaired physical functioning, impaired physical development, or injury or harm to the learner.

“Parent” means the biological, adoptive, foster- or step-parent or the guardian or person legally entitled to custody of a learner, including the learner’s primary caregiver (who may legally be deemed not to be the learner’s parent or guardian).

“Physical Abuse” means any act or threatened act of physical violence which may cause injury or even death to a learner.

“Referral” means the activation of the process in which the alleged child abuse will be followed up and the learner will receive support, therapy and/or counselling.

“Reporting” means giving all available information obtained from the learner to the appropriate body, either telephonically or by written report.

“SAPS” means the South African Police Services.

“Sexual Abuse” means any unlawful physical act of a sexual nature and includes indecent assault, sexual harassment, attempted rape and rape.

“Sexual Harassment” is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual. Sexual attention becomes sexual harassment if:

• the behaviour is persisted in, although a single incident of harassment can constitute sexual harassment; and/or
• the recipient has made it clear that the behaviour is considered offensive; and/or
the perpetrator should have known that the behaviour is regarded as unacceptable.

Sexual harassment may include unwelcome physical, verbal or non-verbal conduct, and is not limited to the examples listed below:

(a)  Physical conduct of a sexual nature includes all unwanted physical contact, ranging from touching to sexual assault and rape.

(b)  Verbal forms of sexual harassment include:

• unwelcome innuendoes, suggestions, comments, advances and phone calls of a sexual nature;
• sex-related jokes and insults;
• unwelcome comments about a person's body made in a person's presence and directed towards that person;
• unwelcome and inappropriate enquiries about a person's sex life; and
unwelcome whistling or suggestive sounds directed at a person or group of persons.

(c)  Non-verbal forms of sexual harassment include:

• unwelcome gestures and indecent exposure;
• the unwelcome display of sexually explicit objects or publications (pictures and printed text); and
• the sending of letters, faxes and electronic mail containing remarks with sexual connotations.

(d)  Quid pro quo sexual harassment (sexual blackmail) occurs when an employee or another learner influences or attempts to influence a learner's academic results, leadership position, standing at the school or sporting achievements in exchange for sexual favours.

“Stalking” means repeatedly following, pursuing, or accosting the complainant.

“TST” means the Teacher Support Team at an Institution as defined above.

Note to the employee: Although sexual harassment is included as a part of the definition of child abuse, the definition of sexual harassment, above, is provided to emphasise its seriousness. The definition is internationally accepted and is set out in the Code of Good Practice on the Handling of Sexual Harassment (Government Gazette, 17 July 1998).

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