Student sues teacher for not coming to class for 7 months

Modified 30 Oct 2018, 10:45 am

A student filed a suit against her English teacher for allegedly failing to turn up for classes for seven months at SMK Taun Gasi, a school in Kota Belud, Sabah.

Nafirah Siman, who has since turned 18, sued Jainal Jamran for allegedly not turning up to teach English classes in 2015 when she was in Form 4.

The suit was filed through law firm Roxana & Co on Oct 16. It also named the school's headmaster Suid Hanapi and SMK Taun Gusi, the Kota Belud district education officer, the Sabah education director-general, the Education Ministry and the government as defendants.

A check with the court records showed that the case has been fixed for mention for Nov 19.

Nafirah claimed in her suit that Jainal had failed to turn up to teach English from February 2015 until October 2015 except for one week when the Education Ministry and state Education Department officials visited the school.

She claimed that despite multiple complaints including from a Fullbright senior English teacher assistant grantee seconded to the school and the school's English Department's head, the authorities which were the Education Ministry, the state Education Department and the headmaster failed to act.

Favourable comments

Further to that, she claimed headmaster Suid tried to cover-up the absenteeism by asking the teacher to "fabricate" his attendance to show that he was only absent for two months.

The suit also alleged that Suid intimidated students to give favourable comments about the teacher.

Nafirah is seeking a declaration that the defendants are in breach of their statutory duty under the Education Act by failing to ensure that she was taught English during the period of absenteeism and that this violated her constitutional right for access to education.

She also wants a declaration that there was a breach in duty and misfeasance in public office.

She also seeks exemplary, general and aggravated damages as well as cost.

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