The case of 8 male students being forced to take off their clothes: The assistant principal cried and explained, the superintendent received the consequences?

Due to the suspicion that students brought electronic drugs to school, a superintendent at Hermann Gmeiner Private High School (Go Vap, Ho Chi Minh City) asked 8 male students to take off their clothes to check. The incident caused a stir in public opinion, the supervisor admitted his shortcomings and took the initiative to resign.

The incident also made Ms. Vo Thi Lan Huong - Vice Principal in charge of the school, had to cry. Huong cried because more than 30 years of construction, the school's prestige in an instant suddenly shattered.

She is also sad for a young teacher who has just graduated from school, who works very well but is too inexperienced, with a hasty way of handling it. She felt sorry for this teacher who couldn't control her anger for a moment, had to receive a bitter and painful lesson when she first entered the profession.

"Teacher is very young, born in 1999. Normally, he is a responsible and enthusiastic person in his work. When working with the school's Board of Directors, he cries a lot. He will learn from the experience. This sad thing"- Ms. Huong shared

She herself also regrets because: "If only that day, I was at school, surely the above story would not have happened".

Ms. Huong further informed, as soon as she knew the incident, she asked the superintendent to make a report, and at the same time invited parents and students to apologize, and report to the Department of Education and Training. to ask for directions.

The Department of Education and Training also requested that the Hermann Gmeiner Private High School learn from experience in handling situations and punish students in a positive way, avoiding haste to negatively affect students.

According to the lawyers, with this behavior, the superintendent can be fined from 5-10 million dong, or can criminally handle 2-5 years in prison.

Lawyer Le Ba Thuong - Ho Chi Minh City Bar Association said that the law stipulates that students are respected and protected; be treated equally, democratically, have the right to complain to the school and educational management levels about the decisions made against themselves (stipulated in Clause 2, Article 35 of Circular 32/2020/BGDDT).

At the same time, it is stipulated that teachers must not offend the honor and dignity; physically infringing upon students and colleagues (Point a, Clause 1, Article 31 of Circular 32/2020/BGDDT).

"With the behavior of the teacher forcing 8 students to take off their clothes to check whether they have hidden e-cigarettes or not, it has offended the dignity of the students," said lawyer Thuong.

According to lawyer Thuong, with acts of insulting honor and dignity, infringing on students' bodies but not reaching the level of criminal prosecution, teachers will face an administrative fine of an amount from 5,000,000 VND. VND to 10,000,000 VND (Article 28 Decree 04/2021/ND-CP).

In the case of insults that cause serious consequences that can cause mental disorders to students, teachers may be criminally handled and may face imprisonment, which can range from 2 to 5 years. and will be banned from holding certain positions, practicing or doing certain jobs for a period of 5 years (Article 155 of the Penal Code 2015).

Meanwhile, Lawyer Nguyen Van Hau - Chairman of the media agency of the Vietnam Bar Association also affirmed that this is a violation of the law.

According to Mr. Hau, Vietnamese law has very strict regulations on the right to freedom, privacy and property rights of citizens. Students have the right to refuse the teacher to search their bags and bodies, if they feel that this behavior infringes on the body.

"Searching, especially for children, only the competent authorities have the right to search. Specifically, in Clause 1, Article 140 of the Criminal Procedure Code 2003, stipulating the search of people and accommodation. , workplace, location is conducted when there is a ground in the person or the place of residence or workplace contains criminal tools such as objects, criminal property.

In this case, I think the behavior is not correct. The act of taking off all clothes can embarrass the students, the superintendent violates the law in that the inviolability of the body, especially for children of a developing age, can cause serious harm. psychological effects on the students," Lawyer Hau said.

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