The Importance of School Protection Protocols in Mexico

The workshop begins with a warm welcome to various education officials and participants. Key figures present include Subsecretaria de Educación Básica, Dr. Dulce María Jauregui Santillán, Director of Asuntos Jurídicos, Licenciado Rafael Ramírez Muñoz, and Director of Participación Social y Convivencia Escolar, Licenciado Juan Pablo Acosta Gutiérrez. Other participants like Licenciada Lesl Dayana Ortiz Padilla and Licenciada Jaqueline Itel Andrade Vázquez are also acknowledged.

The workshop recognizes the presence of key authorities, including Subsecretaria de Educación Básica, Dr. Dulce María Jauregui Santillán, Director of Asuntos Jurídicos, Licenciado Rafael Ramírez Muñoz, and Director of Participación Social y Convivencia Escolar, Licenciado Juan Pablo Acosta Gutiérrez.

Dr. Dulce María Jauregui Santillán extends a warm welcome to all participants, emphasizing the importance of informed and prepared teaching staff in Baja California. She highlights the responsibility of safeguarding the rights of children and adolescents, stressing the significance of school integration protocols in protecting both students and educational staff.

Dr. Dulce María Jauregui Santillán expresses gratitude for the commitment of educators in upholding children's rights. She underscores the continuous review of integration protocols and aims for the workshop to enhance participants' understanding and implementation of these protocols.

Acknowledgment is given to the Subsecretaria de Educación Básica for her official message. The workshop proceeds with Licenciado Juan Pablo Acosta Gutiérrez, Director of Participación Social y Convivencia Escolar, initiating the day's webinar.

The workshop for the update of the 2024-2025 school year activities was conducted with the participation of Licenciado Luis Gallego, the Secretary of Education, and Subsecretaria de Educación Básica Dulce Jauregi. The importance of considering sociological factors that protect individuals unable to assert their rights was emphasized, highlighting the collective commitment required to safeguard them.

A document containing mandatory protocols for both public and private educational centers in the State was emphasized. These protocols are crucial for ensuring the well-being and protection of children during the school day, underscoring the constitutional mandate to prioritize the best interests of children.

Lesli Ortiz, a licensed attorney specializing in school security analysis for the Department of Social Participation and School Coexistence, introduced the presentation on comprehensive school protection protocols. The session, co-hosted by licensed psychologist Itel Andrade Vázquez, aimed to provide insights into the origins and legal framework of these protocols.

The Colegio Matatena case in Mexico City on December 8, 2015, served as a pivotal moment nationally, leading to recommendations for standardizing protocols for addressing cases of violence, sexual abuse, bullying, and child mistreatment. The case highlighted shortcomings and irregularities in the educational authorities' response, prompting the issuance of a national recommendation for protocol standardization by the Federal Government.

In 2017, the Secretariat of Basic Education in Baja California issued Circular 007 2017, outlining the steps to address cases of sexual abuse, bullying, and mistreatment in basic education schools. Subsequently, in 2018, protocols were developed in Baja California based on earlier guidelines. These protocols were updated in 2019 and finally, in September 2022, the current and active protocols for comprehensive school protection were issued.

The legal framework for comprehensive school protection includes the Mexican Constitution, the General Law on the Rights of Children and Adolescents, the General Education Law, the Education Law of Baja California, the Law for the Protection and Defense of the Rights of Children and Adolescents in Baja California, the School Safety Law of Baja California, and the Law to Prevent and Eradicate Bullying in Baja California.

The Mexican Constitution serves as the primary normative document, emphasizing the importance of human rights and prioritizing the best interests of children. Articles such as the first, third, and fourth highlight the state's responsibility to promote, respect, protect, and guarantee human rights, especially those of children.

The General Law on the Rights of Children and Adolescents focuses on the specific rights of children and adolescents, emphasizing the need to prioritize their well-being. Article 57 of this law stresses the importance of implementing mechanisms for attention, referral, and follow-up, with protocols serving as essential tools for providing such support.

In discussions with teachers, it is noted that traditional disciplinary methods like throwing chalk or shouting are no longer effective. Instead, measures must be taken to discipline students in a way that respects their dignity. Article 59 emphasizes creating violence-free environments in schools, where teachers and educational authorities must foster respect towards children. It also highlights the obligation to establish and enforce sanctions for those who violate regulations, ensuring the protection of children's rights.

Article 103 outlines the responsibilities of individuals, particularly teachers and educational staff, who have children under their care. It mandates that these individuals, including school administrators, must ensure the well-being and protection of children in their charge, with consequences for failing to adhere to established protocols.

The General Law of Education in Mexico, which governs all aspects of education nationally, prioritizes the best interests of children. It enshrines the obligation to provide education that respects children's dignity and ensures they are free from violence. Additionally, it mandates that educators in educational centers stay updated and trained to fulfill their duty of care and protection for children.

Educators and school staff have a duty of care towards children under their supervision, as outlined in Article 73. They are required to report any criminal activities or violations of children's rights promptly. This duty extends to ensuring the well-being and protection of children while in their care, activating protocols to inform relevant authorities of any concerning incidents.

The Education Law of the state of Baja California, specifically in Article 73, emphasizes the obligation to safeguard the physical, psychological, and social well-being of children. This includes providing necessary protection and care to preserve the integrity of children in educational settings, aligning with broader national education principles.

The law for the protection and defense of the rights of children and adolescents in the state of Baja California serves as the local equivalent of the General Law for the Rights of Children and Adolescents. Chapter 12 specifically addresses education, outlining the applicable regulations. Article 55 mandates the authorities to develop action protocols at both national and local levels.

The local School Safety Law of Baja California outlines the obligations of school administrators and teachers. Directors are required to coordinate risk assessments and management for students within the school. They also have the authority to designate educational staff for this purpose, emphasizing the collaborative effort needed to fulfill these responsibilities.

The State Human Rights Commission of Baja California issued Recommendation 7 of 2021 regarding a case of sexual violence against 18 children in a school in Tecate, Baja California. Point 155 of the recommendation emphasizes the importance of prioritizing the best interests and dignity of children over the labor rights of educational staff. Despite this, the Education Secretariat has implemented measures such as 'puestas a disposición' to ensure teachers continue to receive their salaries, maintain seniority for retirement, and retain legal benefits.

The speaker introduces the concept of school safety protocols, emphasizing their role in prioritizing the rights of children and adolescents while also protecting school staff. The protocols aim to prevent and address risks within educational institutions.

Jaquelina Andrade, responsible for school safety in Mexicali, discusses the importance of school safety protocols. She highlights the need to understand the structure and strategies outlined in the protocols to prevent and respond to risks effectively.

The school protocols include prevention strategies to identify and address risks before they escalate. These strategies involve collaboration among different stakeholders such as parents, teachers, and administrative staff to create a safe school environment.

A crucial aspect of the protocols is the ability to detect and identify risks within school settings. This involves recognizing indicators like changes in behavior or conduct among students, which serve as early warning signs for potential issues.

Upon detecting risk indicators, the protocols emphasize the importance of swift action and protocol activation. Any manifestation of risk by a student, whether verbal or behavioral, warrants immediate protocol implementation without questioning the credibility of the child's disclosure.

It is crucial to believe children when they report situations of risk, such as abuse or violence. Even though educators cannot determine the veracity of a child's statement, they must trust the child and follow the appropriate procedures for reporting. Detecting risks can also come from reports by other individuals, such as classmates or parents, creating a network of support and vigilance within the school community.

Upon receiving information about a risk situation, immediate action is essential. Waiting for the school director or other authorities to act is not an option. Activating the protocol and following the established procedures promptly is crucial to ensure the safety and well-being of the individuals involved.

The protocol for risk situations, particularly regarding sexual abuse, rape, child maltreatment, neglect, bullying, and violence, is a structured flowchart that guides the response to such incidents. Informing the school director immediately, maintaining confidentiality, and listening attentively to the children's reports are key steps in the protocol.

In Baja California, there is a law to prevent and eradicate bullying in schools. This law is applied when identifying situations of risk that may not fit the definition of bullying but still require intervention, such as isolated incidents of violence or conflicts among students. The law mandates involving parents, delivering referrals, and initiating the documentation process by school authorities.

When abuse is committed by educational staff, in addition to reporting to supervisory authorities, the case is directed to the legal affairs department, human resources, and internal control within the school system. This comprehensive approach ensures that appropriate actions are taken and that competent authorities address the situation effectively.

Follow-up procedures for risk situations involve educational authorities, including teachers, school administrators, inspectors, and supervisors, supported by school security personnel. It is crucial to ensure that follow-up is conducted according to established protocols and that competent authorities are actively involved in addressing risk situations to protect vulnerable children and adolescents.

Various risk situations outlined in the protocol include sexual abuse, child sexual abuse, abuse by staff, violence, neglect, school violence, gender-based violence, suicidal behavior, digital violence, drug-related issues, threats, presence of weapons, security incidents, accidents, pest infestations, gas leaks, earthquakes, and fires. Each situation requires a specific response based on the nature of the risk.

It is crucial to include the name of the student, grade, and group in every protocol file related to administrative areas and authorities. The protocol file should contain details such as the act of events, names of individuals involved in risky situations, descriptions of incidents, and actions taken like calling 911 or involving cyber guards. Keeping detailed records in protocols is essential for proper handling by competent authorities.

Maintaining teacher logs is vital as they serve as a record of incidents and actions taken in response to risky situations. These logs should be shared with school directors or responsible individuals and should include agreements with parents documented in writing with witnesses. Documented records in teacher logs support the work and facilitate communication with government entities or educational authorities.

Providing contact numbers for school security in each municipality is essential for addressing any doubts or questions related to protocols or risky situations. While immediate answers may not always be available, the focus is on supporting directors, teachers, or anyone seeking guidance on protocol-related matters.

The session transitions to a question and answer segment with the presence of Licenciado Rafael Ramírez Muñoz, the director of legal affairs, in the Google meeting room. This interactive session aims to address queries and provide further insights on protocol-related topics for the attending educators.

Protocols in education are designed to safeguard the physical and emotional well-being of students, ensuring their safety while at a workplace. These protocols are crucial for maintaining the responsibility of the teaching staff towards the students, with various measures in place to protect their integrity.

Both the Secretaría de Educación and the dirección de administración de personal take the issue of student safety seriously, with a strong emphasis on responsibility and attention to any concerns raised. The focus is on addressing issues promptly and effectively to ensure a safe learning environment.

Teachers often express concerns that protocols may affect their integrity and dignity. However, it is essential to consider that protocols are activated in response to incidents reported by students, parents, or guardians, aiming to prevent future occurrences and improve overall safety measures.

Not all activated protocols result in immediate dismissal or administrative sanctions for teachers. Many cases involve written warnings or invitations to refrain from certain actions, serving as preventive measures to address issues within the school environment. The decision-making process involves input from various departments and stakeholders to ensure fair and just outcomes.

The Secretaría de Educación relies on information provided by stakeholders, including parents, school directors, and the internal control body, to assess and make decisions regarding reported incidents. This collaborative approach ensures that actions taken are based on accurate information and a thorough understanding of each situation.

While addressing sensitive issues such as sexual misconduct or physical abuse, the principle of innocence is upheld, acknowledging the importance of protecting both students and teachers. Even in cases involving allegations of a sexual nature, thorough investigation and preventive measures are essential to ensure a safe learning environment for all.

The activation of a protocol does not necessarily result in the immediate separation of a teacher. The decision to separate a teacher depends on the specific elements and facts involved, which are then evaluated by relevant authorities. Not all protocols activated by educational institutions lead to immediate sanctions. Separating a teacher is not a punitive measure but rather a preventive action aimed at avoiding conflicts within the school environment and ensuring the continuity of educational services. The separation is a precautionary step when a teacher's conduct poses a risk to the physical integrity of students.

In cases where a teacher's conduct raises concerns, investigations are conducted by internal control bodies to determine if the behavior constitutes an administrative offense as a public servant. Possible sanctions range from a warning to fines, suspension, or even permanent disqualification in severe cases of misconduct. The decision on sanctions is made by internal control bodies, not as a punitive measure but as a means to maintain discipline and integrity within the educational system.

When suspicions arise regarding a teacher's behavior, precautionary measures may include temporarily removing the individual from their duties to prevent potential conflicts within the school community. This action aims to safeguard both the physical well-being of the teacher and maintain a peaceful educational environment. In some cases, the community may react negatively to allegations, leading to threats and disruptions in school operations. It is crucial for teachers to adhere to professional boundaries and for investigations to be conducted thoroughly by relevant authorities to ensure justice and safety for all involved.

Teachers have specific obligations and rights when it comes to their work with children and adolescents. The contact between a teacher and a student is protected by the Constitution, considering the child as a vulnerable person with limited decision-making capacity. Teachers should not overstep their boundaries, as seen in cases of physical or verbal abuse, which can harm the emotional and physical well-being of the child. These protocols aim to protect the safety of students and ensure that any illegal or criminal behavior is addressed appropriately.

The Constitution elevates the protection of children, emphasizing the state's duty to safeguard the best interests of children, adolescents, and minors. This constitutional provision ensures that the rights and well-being of children are prioritized in all decisions, highlighting the importance of upholding their rights and ensuring their safety in educational settings.

Workers in the public service sector, including teachers, are subject to specific laws and regulations that protect their rights. While addressing issues related to misconduct or illegal actions by employees, employers must ensure that labor rights, such as salary, benefits, and seniority, are upheld. Temporary reassignments may occur during investigations, but the fundamental labor rights of employees remain intact.

There are concerns about some teachers abusing their position of trust with students, leading to physical or emotional harm. Protocols have been established to address these issues, involving various authorities like the prosecutor's office, human rights organizations, and women's institutes. Efforts are being made to update and improve existing protocols to ensure student safety and well-being.

Protocols are not always aimed at immediately removing a teacher from their position. There are various steps taken, such as issuing warnings, admonishments, and invitations to adhere to public service principles. These measures serve as a way to address misconduct before escalating to formal investigations or penalties. Not all protocols result in severe consequences, with many cases being resolved through written warnings and corrective actions.

The speaker acknowledges the great responsibility assumed by both the Secretariat of Education and the educators in providing educational services to over a million students, 60,000 education workers, and operating 3,000 educational centers in the state. They emphasize the need for control, monitoring, and attention to situations that may arise, ensuring the protection and trust of society in delivering educational services.

Incidents that occur during the workday, including potential issues affecting minors, are addressed with measures of control, monitoring, and attention. Decisions are made responsibly based on sufficient evidence, with a focus on prevention and protection of both students and educators. Precipitated decisions are avoided, awaiting official resolutions from authorities with the power to address legal matters.

Efforts are made to safeguard and protect educators who may face allegations, ensuring that the educational community or parents do not take actions that endanger the educator. Measures such as temporary separation from duties are considered as a last resort after exhausting disciplinary options, especially in cases of recurrence or situations jeopardizing the continuity of educational services.

The importance of clear documentation, such as incident reports, is highlighted as part of comprehensive school safety protocols. Incident reports aim to clarify what happened, how, and when, serving as essential tools for school directors to understand and address incidents appropriately. These reports help determine if incidents require administrative action or referral to higher authorities.

It is crucial to narrate events concisely and accurately, allowing the school director to create a detailed record granting the employee the opportunity to provide their version of events in the presence of witnesses. Different types of reports, such as a protocol's incident report, aim to document incidents comprehensively for analysis and further action.

When a director is caught mistreating or abusing a child, the director, as the school's highest authority, is responsible for addressing such situations. However, the protocol may not always require the director to file a report if they are the one committing the offense. In such cases, supervisors, higher-ranking officials, or even teachers can activate the protocol to ensure the child's safety and well-being.

Ongoing teacher training is essential, with a need for specific training at each school to address individual concerns and characteristics. Efforts have been made to train teachers through workshops and sessions organized by the Department of Social Participation and School Coexistence. The training document, available on the Education BC portal, has been implemented over several school cycles, aiming to address specific doubts and enhance teacher capabilities.

The discussion highlights the importance of adhering to existing legal frameworks such as the General Law of Education, the General Law of Civil Protection, and the General Law for Children and Adolescents. These laws serve as the basis for the protocols and guidelines implemented by the Secretaría de Educación to protect minors. The Secretaría de Educación emphasizes that it is not creating new legislation but rather consolidating and applying existing laws to ensure the protection of children and adolescents.

It is emphasized that ignorance of the law does not exempt individuals from compliance. The Secretaría de Educación aims to enforce legal provisions universally and with total obligation. While acknowledging the principle that ignorance is not an excuse for non-compliance, the focus remains on preventing mistreatment, sexual abuse, and any actions that compromise the physical and emotional integrity of minors.

The Secretaría de Educación stresses the importance of taking immediate action upon any suspicion of mistreatment or abuse, even if the allegations are unproven. While such actions are considered provisional and not permanent sanctions, they are necessary to investigate and address any potential risks to the well-being of minors.

In cases where individuals are falsely accused or face challenges due to allegations, the Secretaría de Educación aims to support their reintegration into the educational system. The focus is on ensuring that individuals recover their position within the Secretaría de Educación, with efforts directed towards reinstating their rights and addressing any administrative or legal issues that may arise.

Despite the availability of various support services such as legal advice, internal control bodies, and social participation departments, there is often a lack of proactive engagement from individuals facing challenges. The Secretaría de Educación encourages individuals, particularly teachers, to utilize these resources for guidance and assistance in addressing any concerns or vulnerabilities they may encounter.

The speaker discusses the challenges faced in schools, particularly conflicts between teachers, opposition groups, and parents. These conflicts can impact the educational service, leading to suspensions and divisions within the school community.

The speaker emphasizes the availability of support for teachers through various educational levels, municipalities, and specific departments like internal affairs, legal direction, personnel administration, and social participation. Teachers can seek assistance before situations escalate.

Addressing a comment on teachers' rights, the speaker explains that teachers operate within a legal framework where accusations from parents or citizens trigger investigative procedures. The speaker highlights the importance of clarifying facts and demonstrating what occurred in any given situation.

The speaker mentions the availability of mechanisms for community support through the social participation department. These mechanisms aim to mediate and assist teachers in resolving issues, emphasizing the collaborative nature of addressing challenges within the educational community.

New protocols are being implemented to provide clearer guidelines for teachers and school staff when reporting incidents to the police. Previously, there was discretion in deciding whether to call 911, leading to inconsistent actions. Efforts are being made to ensure that all incidents are reported promptly and appropriately, with a focus on improving the decision-making process.

In accordance with the 2021 recommendation of the cedhbc, children's rights are prioritized over labor rights in educational settings. The concept of the 'best interest of the child' is crucial, ensuring that the state prioritizes and safeguards the well-being of children. This approach aims to protect children from emotional and physical harm, emphasizing their needs and rights above all else.

The principle of the 'best interest of the child' is a constitutional mandate that guides decision-making in educational institutions. It requires prioritizing children's well-being and ensuring their rights are upheld. This principle serves as a framework for safeguarding both children and educators, emphasizing the importance of considering children's needs in all state decisions.

The direction of administration of personnel is responsible for documenting, justifying, and notifying any disciplinary measures such as invitations, warnings, or temporary separations. The legal department gets involved in cases with potential criminal implications, providing support and guidance. The internal control body initiates administrative investigations to determine if a public servant's conduct constitutes a serious or non-serious administrative offense, leading to various sanctions like warnings, suspensions, or even disqualifications.

In cases where an individual physically or sexually abuses a child, besides being removed from their position, further sanctions are applied. These may include being placed under investigation, facing disciplinary action, or even being disqualified. The process involves ensuring a fair investigation, respecting the rights of all parties involved, and upholding the principle of innocence until proven guilty.

In the academic year 2324, a total of 1896 disciplinary protocols were activated in schools. Out of these, only 21 teachers were subject to disciplinary actions, highlighting the careful consideration and limited instances where individuals are separated from their positions. The emphasis is on preserving the dignity, integrity, and reputation of educators while ensuring a fair and just process.

A total of 1896 protocols were activated, involving 119 workers. Out of these cases, 120 workers were implicated, with only 21 being dismissed from their positions. The disciplinary actions taken include verbal warnings, written reprimands, and interventions to prevent further misconduct. These measures aim to educate teachers on acceptable behavior and prevent severe sanctions.

Ana Magdalena Rodríguez Gámez addresses the procedures for dealing with false accusations, violent students towards staff, and aggressive parents. School directors, as the highest authority, mediate with parents through communication, meetings, and workshops to resolve issues. Instances beyond the school's control are escalated to higher authorities like the Ministry of Education or the Public Integrity and Function Secretariat.

Susana Elizabeth Martínez inquires about the repercussions if accusations are proven false after an investigation. The emotional toll on teachers facing discrediting situations is acknowledged. The Secretariat of Education clarifies that media reports do not reflect official stances. Measures are taken to protect minors and clarify situations when a teacher is temporarily suspended pending investigation results.

If someone commits an act of sexual abuse against a minor in public, they are liable to face legal consequences similar to those in a school setting. This includes being reported to authorities and potentially being involved in a legal process due to existing laws and regulations.

After receiving confirmation that no criminal action will be taken against an individual accused of misconduct, such as a teacher, they are reintegrated into their workplace. In cases where the accused individual prefers not to return to the same workplace, alternative arrangements are made, and they are provided with support and guidance throughout the reintegration process.

Acknowledgment is given to Licenciado Rafael Ramírez Muñoz for providing a platform for questions and answers. The speaker expresses gratitude for the opportunity to address concerns and provide clarity on legal matters related to employment.

Technical issues are noted regarding the saturation of the QR code shared for accessing protocols. Participants are reassured that the QR code will remain active on the YouTube channel of Sala Google for further access. Instructions are given to revisit the channel at a convenient time to provide feedback and comments.

The webinar concludes with expressions of gratitude from the Secretaría de Educación for the active participation and engagement of attendees. Contact information is provided for further inquiries, and well wishes for a great day are extended to all participants.