Two teachers not guilty of drowning Salam
The teachers of the Ericaschool in Rhenen were acquitted by the judge today for the drowning of their 9-year-old student Salam during the school swimming. That was determined by the Central Netherlands court this afternoon. The three lifeguards involved did receive community service orders.
The Public Prosecution Service (OM) demanded 120 hours community service for teachers and lifeguards during the May session. The judge did not agree with that demand for the two teachers. The swimming instructors were all sentenced to 60 hours community service. The judge felt they had a greater responsibility and charged the lifeguards with culpable deaths.
On September 21, 2015, Salam, a Syrian refugee, took part in the school swimming. After the end of the swimming lesson, her body was found fifteen minutes later at the bottom of the deep pool.
According to the OM, insufficient supervision and information had been exchanged. `` There is therefore no question of an unfortunate combination of circumstances, but of a culpable incident, '' said the OM earlier in a message on their website. The OM accused the lifeguards and teachers to be guilty of death.
Acquittal
The judge did not agree with the OM's demand for the two teachers. They were both acquitted. The judge did, however, find that the teachers made a mistake.
They did not keep an eye on Salam and were not well informed about the protocols on school swimming.
Those protocols stated that the teachers, together with the lifeguards, are responsible for swimming students. The judge accuses the school that the teachers were not aware of this. The teachers knew no better than that they had a supporting role.
The lifeguards were, according to the judge, primarily responsible. According to the judge, they have failed. There was a lack of communication and vigilance. 'If they had less experience and routine and better communication between all supervisors, the accident would have been prevented', said the judge.
The community service for the lifeguards is, at 60 hours, lower than the requirement of the Public Prosecution Service. "Lifeguards have been carrying with them all their lives that a girl has drowned under their supervision," said the judge.
Relieved
AObchair Liesbeth Verheggen says she is relieved about the verdict for the teachers by not sentencing them. "That would put salt in the wound in an issue that only has losers," said Verheggen. "The tragedy is no less now that the teachers have no joint and several liability."
If the judge had found the teachers guilty, the AObchair had disastrous consequences for extracurricular activities. “School boards need to make sure they are doing everything they can to prevent these kinds of horrible events. In addition, teachers who are not comfortable performing a particular activity should be able to cancel without any hassle. ”
