Hymba Yumba Independent School statement in relation to NITV Living Black program: Duty of Care

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Responses for NITV from Hymba Yumba Independent School

For more than a decade, Hymba Yumba has provided a safe education space for jarjum (child/ren). We are proud of the many staff and Elders who have contributed to the growth of our school, building upon the traditions of First Nations culture, spirituality and identity.

The school has grown from a cohort of 50 students, to today’s population of almost 300 students along with 60 staff. This has been achieved due to our school community’s support for Hymba Yumba and due to our innovative approach to education.

At all times, Hymba Yumba prioritises the safety of our jarjum.

Hymba Yumba Independent School rejects the allegations made by NITV, which are part of a vexatious campaign by people from outside our school community. The following facts that are missing from NITV’s questions:

Hymba Yumba’s student population has remained stable across the last three years:
  • 2022: 299 students
  • 2023: 289 students
  • 2024: 296 students
• NITV’s claim that “a quarter of HYIS’s teachers have left” over the last 12 months is incorrect. In the past 12 months, four teachers and one “permission to teach” teacher have left. The movement of teachers during a national teacher shortage is common. In the year prior to Ms Brady becoming CEO, 21 staff (including 11 teachers) left the school.

The student attrition rate has decreased by 31% under Ms Brady’s leadership.

Girls’ bathroom incident: The basis of NITV’s question is incorrect. There is no exclusive senior girls’ toilet and there was no foetus as your program claims. The matter NITV refers to occurred in the late afternoon of 25 July 2023 and was reported immediately to Queensland Police by Hymba Yumba after cleaners had spoken to a senior staff member who was at work at the time. Police attended the school the next morning and, with a senior specialist support staff member, established that what was found was not a foetus but was a decidual cast. The cleaners subsequently spoke with other senior school staff, including the CEO and incident reports were filed. The school sought advice on how to best respond and accepted the advice of Queensland Health not to bring female students and staff into a Tidda’s yarning circle because it could be traumatic and triggering. NITV’s reference to stopping “the witch-hunt” was an admonition to a staff member to cease questioning jarjum that they believed to be sexually active and making false claims it was a miscarriage.

Parent complaint about inappropriate teacher conduct: The original complaint of inappropriate touching was made at 2.25am on Good Friday when the school was in recess. The complaint was responded to immediately on the return of school staff on April 2. The teacher was stood down on full pay pending an independent investigation on April 3. This was during the school holidays, so the teacher was not at school. In the next three weeks, the school made eight attempts to contact the complainant parent. All attempts were unanswered. One call was returned after hours on Friday April 19 when the CEO’s phone was unattended, but no message was left. An independent investigator was appointed on 3 May 2024. Eight attempts during May by the Board seeking contact between the parent and investigator either went unresponded or were met twice by a refusal to engage with the investigator. NITV asks why this matter was not referred to police. The matter was referred to the Queensland College of Teachers, but the lack of information did not and still does not meet the assessment that there was risk of harm. At this date, Hymba Yumba has no details of the alleged “inappropriate touching” (despite many documented attempts to communicate to offer support and obtain information) and the jarjum of the complainant parent continues to attend Hymba Yumba. As part of its thorough investigation, Hymba Yumba:

• Sought advice and direction from its lawyer, the Queensland College of Teachers, Queensland Police Service, Independent Schools Queensland and the Independent Education Union.

•Engaged in an external audit of its grievance, complaints and child protection policies and processes.

•Ensured that the independent investigator interviewed teaching and support staff, specifically a majority of First Nations staff.

Teacher’s prior record: Hymba Yumba have a responsibility to follow the law, and all policies and processes imposed by relevant regulatory bodies. The teacher maintained a valid registration with the Queensland College of Teachers. Hymba Yumba was not made aware of previous allegations at the time of the teacher’s appointment despite carrying out reference checks.

The teacher self-reported to Hymba Yumba the previous allegations against them. The school established that the teacher’s registration remained current and valid after the investigation by the Queensland College of Teachers’ Professional Capability and Teacher Conduct Committee.

After the teacher’s disclosure, Hymba Yumba:

•Forensically audited the teacher’s digital footprint.

•Assigned a First Nations Indigenous Education Worker to the teacher’s home room classes

• Monitored student behaviour in the teacher’s classes

•Rostered a “buddy teacher” to classes being taught by the teacher

•Completed regular observations of the teacher’s classes as part of our Staff Development and Growth Strategy.

Hymba Yumba has detailed and effective processes through which teachers and others can raise concerns about child welfare or other issues. Staff can raise concerns directly and anonymously with staff members including our Curriculum Lead, Wellbeing Lead, Learning Support Lead, Cultural Lead, Guidance Officer, Head of Schools and the Board.

This vexatious campaign has tested the schools’ processes continuously this year. HYIS has been affirmed by the Queensland College of Teachers, Queensland Police Service, Independent Schools Queensland and the Independent Education Union as having acted appropriately and correctly.

In general, the school adds that someone’s unhappiness with an outcome is not evidence that the matter was not investigated and actioned appropriately. The incorrect basis of all NITV’s questions is the fruit of such unhappiness and does not justify the slurring of a school that takes pride in lifting the lives of its students and the First Nations community it serves.

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Australia's premier Indigenous current affairs program, Living Black provides timely, intelligent and comprehensive coverage of the issues affecting Aboriginal and Torres Strait Islander Australians.
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6 min read
Published 29 July 2024 4:47pm
Updated 29 July 2024 4:50pm
Source: NITV

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