Former Teacher Ordered to Compensate Student RM85,000 for Abuse

In a significant legal ruling, a former primary school teacher in Selayang has been mandated to pay RM85,000 in damages to a student following an incident where she hit him on the head with a broomstick. This decision, rendered by Judicial Commissioner Datuk Hazizah Kassim at the Shah Alam High Court, marks a pivotal moment in addressing student protection and highlights the importance of appropriate disciplinary measures in educational environments.

The case revolves around an occurrence during a Malay language lesson on October 18, 2019, wherein the teacher, identified as a 60-year-old female educator, struck the then eight-year-old boy on the head with a broomstick. The impact resulted in significant bleeding and necessitated five stitches. The traumatic event unfolded as the student was returning to his seat, following an incident where the teacher used the broomstick to chase another classmate.

Judicial Commissioner Datuk Hazizah Kassim’s ruling overruled a previous decision by the Selayang Sessions Court, which had dismissed the suit against the teacher, the school head, and the Malaysian government. Datuk Hazizah emphasized the inappropriateness of using a broom as a tool for instilling compliance among students, stating, “The education sector must advance in educating students. Every educator should realise and be aware of the perimeter of a child’s right to protection under the laws enforced in Malaysia.”

While Hazizah ordered the teacher, referred to as the first defendant, to pay RM15,000 in general damages, RM70,000 in exemplary damages, and RM5,000 for appeal costs, the court upheld the original decision to dismiss the case against the school head and the government. Lawyers representing the parties included Azmer Md Saad and Nur Zalikha Noor Kashfi for the plaintiff, and Ruslan Hassan and Mohd Zali Shaari for the teacher. Senior federal counsel Nur Aifaa Che Abdullah represented the school head teacher and the government.

The ruling underscores the critical nature of safeguarding the wellbeing and rights of students within the educational setting. Hazizah’s judgment reflects a broader commitment to enforcing protective laws for children, ensuring that educational institutions remain safe environments for learning and development. The case serves as a cautionary tale about the limits of disciplinary actions and the need for educators to employ methods that respect student rights.