Garwin Davis, Assistant News EditorThe Jamaica Teacher's Association (JTA) is investigating charges that one of its members was forced out of a job because of concerns that he may be HIV-positive.
The teacher, from a school in St. Ann, is taking the matter to court and both the JTA and the Ministry of Health are prepared to give him legal backing in this matter.
The Sunday Gleaner understands that the JTA, following a meeting last week in Kingston, has launched a full-scale investigation into the charges. The organisation, sources say, if satisfied that the allegations are true, is prepared to throw its full weight behind the teacher, including taking the matter to court.
JTA president, Paul Adams, was not in on Friday when The Sunday Gleaner contacted his office. However, Darcie Raymond, an administrative executive in the JTA, confirmed that an investigation is taking place, noting that the organisation is disturbed by the charges.
"It was discussed at a meeting last week and is being investigated," she said. "We operate on a principle that HIV is an illness like all the other illnesses out there. It cannot be passed on by merely being in a classroom. The JTA is supporting the national policy on HIV, which is that persons working in public institutions should not be forced to take the test for employment purposes."
Dr. Yitades Gebre, director HIV/AIDS/STI Programme in the Ministry of Health, said that the law is very straightforward as it relates to matters concerning HIV.
"His rights will have to be protected," he said.
Dr. Gebre said that his office was willing to assist the teacher with finding legal representation if he so desired.
Three weeks ago, The Gleaner carried a story under the headline "HIV controversy rocks St. Ann School," where a teacher alleged that he was asked to resign by school officials, amidst concerns he might have HIV. The teacher further alleged he was backed in a corner where he was told that he either did the test or risked being fired.
"I was told by the chairman of the board that I had to do the test," the teacher said. "He told me that based on my physical appearance, he was 200 per cent sure that I have HIV," he said.
The teacher said he later consented to do the test which came back negative. He was later accused of having had someone else take the test for him and was asked to resign. However, officials at the school have maintained that they never coerced or asked him to do an HIV test, claiming that the teacher was the one who had volunteered. They said their investigation revealed that he was not the person who took the test so he was asked to resign.
In an interview with The Sunday Gleaner last week, the teacher said that he had been in contact with several lawyers and that a lawsuit against the school was "merely a formality".
He was going to court as a matter of principle and, he said, adding, "I have been traumatised, slandered and now can't even find a job. Those people at that school have in essence destroyed my life."
However, one school official with whom The Sunday Gleaner spoke last week said the institution has been bracing itself for a possible lawsuit but felt confident it would be able to adequately defend itself.
"We have been expecting something like this to happen," the official said. "People will undoubtedly find all of this fascinating but when the dust is all settled the truth will prevail."
The Sunday Gleaner has also learnt that Public Defender, Howard Hamilton, has taken an interest in the case and is carrying out an investigation into the charges. Calls to his office on Friday were not returned. In an earlier interview, Mr. Hamilton, however, warned that his office would be going after organisations that discriminate against persons purported to have HIV.
"Everyone knows how I feel about this," Mr. Hamilton said.
