After the case brought by King’s School head, Tony George, challenging his dismissal was settled, a further action was lodged in the Federal Court late last month. The Other Cheek understands that the “Interlocutory Application” lodged by “The Council Of The King’s School” (which is the legal name the school operates under), involves keeping the details of the court case secret.
Media accounts of the George dismissal have featured an incident where the head “clipped” a student’s head during a discussion. “The headmaster of one of Australia’s most elite schools is taking legal action after being terminated over allegations he clipped a student’s head during a faith lecture,” is how News.com.au summarised the case. The Sydney Morning Herald characterised it this way “Tony George had been on leave while the school investigated an incident in which it is alleged he clipped the back of a senior student’s head at a faith lecture attended by about 100 pupils last June.”
Missing from the coverage is that the result of the investigation by the Office of the Children’s Guardian was that the incident was “trivial” and not “reportable” conduct. This is not a surprise to people with experience of child protection matters, but it is the only public reason given for the George dismissal, and was clearly briefed to the media.
While it is now clear that the “clipping” incident is not a sufficient basis for the dismissal despite its prominence in media accounts, the aim of the latest court proceedings appears to be to ensure the reasons for the dismissal are never publicly known.
The Other Cheek also understands that an NDA (non-disclosure agreement) is involved in the George dismissal, and that it extends beyond the details of a financial settlement.
As previously discussed, the Sydney Anglican Synod has asked schools and churches to adopt a model policy that includes “We will not use a confidentiality agreement:
• to preference the reputation of [insert name of church / Parish / organisation / school] at the expense of truth;
• for the purpose of covering up or hiding sin, misconduct, or conflict…”
While the Synod has left it to schools and churches to adopt or not adopt the NDA policy, the King’s Council has made it clear which side they are on.
To misquote Oscar Wilde: for the Sydney Anglicans to lose one elite school head may be regarded as a misfortune; to lose two looks like carelessness.
The dismissals of Tony George as head of Kings and Tim Petterson of the Shore school have common features. Whatever their faults, they both sought to make their schools more Christian, acting as change agents in line with the policy of the diocese, and have run into trouble with school boards dominated by old boys – not only those who occupy board positions set aside for alumni, but also the church appointees. This is not to comment on the grounds for each of dismissal, which remain mysterious, but to point out an inbuilt loyalty to the schools as they were when the old boys wore the uniforms.
Whatever wisdom resides in the Sydney Anglican Synod caused that body to recommend to churches and schools that they restrict the use of NDAs, using them in limited circumstances only. The boards of these powerful schools should accede to the wisdom of the wider church fellowship they wish to serve.
Disclosing more may make the boards uncomfortable – they are naturally conservative – but it could well be in the interests of the school.
What if disclosing what is going on reveals that the boards are incompetent? Acting on gossip, rumour and vexatious complaints without any clear process for validating and handling said complaints? That would be more than uncomfortable, that might impact the professional reputation of the ‘volunteer’ board members. Some of these board members hold (or aspire to hold) high profile, highly paid board positions on ASX listed companies.
The voluntary nature of not using NDAs, despite Synod’s Resolution against the wide use of them, is a problem in the Anglican Corporation Schools too. While not as high profile, they have 18 schools and deep leadership issues.