Press release June 26, 2019
ANEF and CPED are calling for an ambitious reform of the disciplinary procedure for teacher-researchers.
Disciplinary proceedings in situations of sexist and sexual violence are once again the subject of heated debate. While two amendments to the Civil Service bill tabled by the government on this subject have now been adopted by the Senate, ANEF (Association nationale des études féministes) and CPED (Conférence Permanente des charg-es de mission égalité et diversité) wish to share their observations and expectations regarding the operation of this procedure.
First of all, our associations welcome the amendment authorizing victims, heard as witnesses in disciplinary proceedings, to be accompanied during the hearing by the person of their choice. This change meets a number of challenges: restoring a balance in relation to the accused person, and reassuring the victim, who often experiences this procedure as an ordeal, sometimes with the feeling that he or she is the only one being questioned.
indictment.
ANEF and CPED are also delighted that more and more establishments are taking up the issue of sexist and sexual violence, with more referrals to the disciplinary section, and more frequent and stronger sanctions. To enable a global vision and reflect on avenues of evolution, a working seminar was organized in October 2018 by ANEF, with the participation of CPED, JuriSup, CLASCHES, and people with expertise in this procedure. On this occasion, many
Equality officers and members of disciplinary sections have reported malfunctions in the procedure when teacher-researchers are accused of gender-based or sexual violence.
The general observation is that there is a lack of training and resources, and a lack of understanding of the principles of the law within the disciplinary sections of many establishments: confusion between the
between criminal and disciplinary proceedings, between the investigation stage and the trial stage, are frequent. The lack of human resources, but also of time, training and a feeling of legitimacy to carry out the investigation is glaring among section members. What's more, due to the rarity of referrals and the lack of transparency regarding sanctions taken in other establishments, disciplinary sections do not have sufficient guidance on the sanctions applicable in a given situation.
All this generates a great deal of unease among the members of these sections, and all too often leads to flawed procedures or inappropriate sanctions. This reality on the ground must be taken into account in the debate.
on developments in disciplinary procedure.
In addition to the findings, the seminar also provided an opportunity to consider possible avenues for change, which were submitted to Frédérique Vidal's cabinet on June 13. ANEF and CPED expect the Ministry to commit to reforming the way disciplinary bodies operate. In particular, they call for
- that consideration be given to broadening the scope of referrals beyond just school presidents,
- that the sanctions taken be recorded and made accessible on a national scale, while of course respecting anonymity,
- that measures to protect students who report such situations of violence be put in place, along the lines of those introduced by the law on whistle-blowers in the civil service.
ANEF and CPED remain mobilized and are at the disposal of the Ministry and the government to pursue the reflection on this subject.
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