Aleph Melbourne submission referenced in ALRC final report of inquiry into Religious Educational Institutions and Anti-Discrimination Laws

In February 2023 Aleph Melbourne lodged a submission with the Australian Law Reform Commission’s enquiry into Religious Educational Institutions and Anti-Discrimination Laws.

The ALRC released the report into the enquiry in December 2023, and on March 21 2024 the report was tabled in Parliament.

Aleph Melbourne’s submission was referenced on page 91 in the report, in relation to Section 4.23 point 2:

 4.23 In relation to submissions made to the ALRC in this Inquiry, key reasons underpinning stakeholder support for Proposition A.1 were:

  •  coherence with international and domestic law;14
  •  reducing the risk of harm to vulnerable students;15
  •  supporting inclusion and diversity;16 and
  •  compulsory school education is a public good, supported by public funding, so schools should be safe environments for all students, and should be accountable to community expectations.17
ALRC-ADL-Final-Report-142-pp90-91

David Southwick supports Safe Schools program (May 17 2023)

SAFE SCHOOLS

17 May 2023 Motions David Southwick (LIB)

David SOUTHWICK (Caulfield) (14:54): I rise to make some comments on the motion before the house today:

That this house affirms its support for the Safe Schools program and acknowledges that it critically:

(1) supports the well-being of all young people; and

(2) provides valuable resources and support for teachers to foster an inclusive learning environment where everyone has the opportunity to reach their full potential.

I think we would all agree that every single child should feel safe. It is the right of every child to feel safe and there is an obligation on all of us to provide a safe environment for these kids.

Today is IDAHOBIT, which is a day against homophobia, biphobia and transphobia, and it is appropriate for us to be talking about this as part of the very important element of what many of our young children, particularly those from an LGBTQI+ background, experience at school and what we need to do to ensure that they have a safe environment. Can I say to every LGBTIQ+ Victorian: you are worthy, you are accepted, you are loved, and you and your kids deserve nothing less than to be embraced by all, including the schools, teachers, friends and communities. We must embrace, support and provide every single opportunity for every child no matter who they are, no matter where they come from and no matter what background they are also from. That extends more broadly to both their ethnic background and their faith, and it is something that I have raised on many occasions, as you know, Speaker, particularly in my community where we have unfortunately an increase in antisemitism and we have seen kids targeted at schools because of their faith background as well.

On this motion I wanted at the outset to just raise a few people in terms of their being staunch advocates in this space, particularly Michael Barnett from Aleph. Michael has been a staunch supporter and has been able to work with and support many of the schools. Very early on he worked with Bialik College and King David, just to name a few, and Mount Scopus has been involved in that, in terms of Jewish schools, but we also have a number of other schools that have been involved in terms of being able to provide a safe environment. There is no question that non-heterosexual Australians experience anxiety at 2½ times the rate of heterosexual people. For depression, the figure is four times the rate of heterosexual people. One in six LGBTIQ+ people have attempted suicide and one-third have harmed themselves. They are alarming figures and say that we must do more to support those who do not feel that they belong and those who feel that it is tough just to be able to get on with their daily lives. We have seen that in many instances. We have seen with organisations like Beyond Blue that 61 per cent of young non-heterosexual people have reported experiencing verbal abuse and 80 per cent have reported physical abuse. We have seen another study that showed 33 per cent of trans people reported discrimination in employment as a result of being trans and the unemployment rate of 19 per cent was more than three times that of the national rate.

We have a great state. Victoria is a state that should be embracing everybody no matter who you are, no matter where you come from. We should not be using politics as a way to fight against things like this. We should be coming together and working in ways to actually help people. I have got to say that certainly during question time today I did not feel that that was doing anything to help anybody, particularly those from the LGBTIQ+ community. I know many from our party, the Liberal Party, the Pride branch which is the fastest growing branch in our Liberal Party, of which I am proud to be a member, would feel pretty alarmed about the way that Labor members attacked the Liberal Party today because that does nothing. That does nothing to try and help people belong. The LGBTIQ+ community should not be used as a political football. We should not be using people and targeting them in that way. We should be talking across the chamber about how we do more. We should absolutely do that.

I am very proud that the Leader of the Opposition the member for Hawthorn, the Manager of Opposition Business the member for Brighton, the leader in the upper house Georgie Crozier and a number of others went to the Pride March not only on this occasion but on a number of occasions and stood side by side with the LGBTIQ+ community. We will continue to do so, whether it is popular or whether it is not popular. We will do it because we care, and we will do it because we do not want this to be seen as a political football. So I say, and I implore those opposite: let us look at how we can work together. Let us look at how we can come together on these things.

Belinda Wilson interjected.

David SOUTHWICK: Well, again I say – and I am trying to do this as calmly and as fairly as I possibly can – that ultimately this is not something that we should be trying to score cheap political points out of. It is something that we should be working together on. And that is where I very proudly stand alongside many of those within my party, as I said, including the Liberal Pride branch, who have been absolutely actively providing a very inclusive part of our party so people can feel welcome and so people can feel supported. And if those opposite did not hear me the first time, it is the fastest growing branch we have within our party. So it is certainly something that we celebrate.

Can I also just move on to some of the schools, particularly, that I want to make mention of today, which do some great work. Unfortunately, only a week or so ago we had a report that our great school, Glen Eira College, had what was labelled a toxic and bullying situation where there were almost 10 social media bullying pages on TikTok and Instagram with students posting –

A member interjected.

David SOUTHWICK: Excuse me – posting cruel memes mocking other students and teachers before flashing identifiable photographs of their targets. Can I say the school takes these things very seriously, and I rang the principal as soon as I was made aware of this and was comforted to know that they were acting immediately on this to ensure that kids feel safe – immediately – and so they should. Looking at Glen Eira College’s Child Safety and Wellbeing Policy, one of the things that I think is very important is, within this policy, it talks about all kids feeling safe, whether they be from different backgrounds, whether they be students with disabilities or whether they be from the LGBTIQ+ background. It says this, and I note:

Every person involved in our school has an important role in promoting child safety and wellbeing and promptly raising any issues or concerns about a child’s safety.

That is where we need to be. It is something that we all need to work together on. Whether you are at the school, whether you are a parent at the school or whether you are part of the broader school community, everyone needs to work together to ensure that they feel safe. If you see something wrong, you need to tell somebody. We certainly saw that in a number of inquiries that we had here in this Parliament. We led the way in terms of that in the child safety area, particularly in the child abuse work that was done here in this Parliament, and I think that is something that we must continue to do to ensure that we have kids that feel safe.

At the moment we have issues that are still before the courts. I will not make comment on specific details regarding Brighton Secondary College, but it was absolutely appalling that we had a number of kids that were targeted – a number of kids that saw over that time, because they have Jewish backgrounds, antisemitic attacks. The government has spent literally millions of dollars of taxpayers money trying to defend the school, and these poor kids have again had to endure a horrific time at the school. It has been appalling the way those kids have been treated, and I hope that the government ensures that there are systems in place and that kids of all backgrounds are safe, because that is what kids need and expect.

Hansard PDF from page 65:

Legislative_Assembly_2023-05-17

[PDF]

Call for Mt Scopus principal to resign after damning report | Herald-Sun

Ex students allege bullying and have complained about attitudes to sexuality, discrimination

June 1, 2023 
Suzan Delibasic, Susie O’Brien

FORMER MOUNT SCOPUS STUDENTS HAVE CALLED ON THE SCHOOL’S PRINCIPAL RABBI JAMES KENNARD TO RESIGN IMMEDIATELY AFTER AN EXPLOSIVE REPORT INTO THE HANDLING OF CHILD SAFETY COMPLAINTS.

Former Mount Scopus students have called on the school’s principal Rabbi James Kennard to resign immediately in the wake of a damning report into the school’s handling of child safety complaints.

More than seven former students detailing serious allegations of bullying, complaints about attitudes to sexuality and academic discrimination have spoken to the Herald Sun.

It comes after the Herald Sun revealed the full findings of the Child Wise review into the culture at the school earlier this week. The report revealed a “lack of appropriate response by leaders to serious complaints and allegations” regarding child safety over several years.

The school said Rabbi Kennard will remain in place to implement the report’s 49 recommendations, a process which is well underway.

Sources close to the school’s board say community feeling is against Rabbi Kennard remaining in his position until February, calling on him to resign immediately.

A former student, 22, who graduated from the school in 2019, said the school took no action after he was “continuously” bullied for several years by a group of students.

“I reported it to my teachers and they didn’t take the bullying seriously,” he said.

“They made me feel like I was the one who had done something wrong for coming forward,” he said.

The former student also alleged that school leaders tried to convince some students not to undertake VCE to protect the school’s overall ATAR.

“There were some students who were struggling academically and they were aggressively told not to undertake VCE, which was wrong as they should’ve helped students with their studies.”

The former student also called on the school’s principal to resign in the wake of the Child Wise report.

“The school’s culture is something that needs to change immediately and it starts from the top, the best thing for the school is a new principal.”

Another former student, 18, who attended the school since kinder, said some teachers “purposefully” misgendered students. “If a student’s pronoun was they/them, they would not use their pronouns and instead discriminate against them by making hurtful comments,” the former student said.

“The school needs to become accepting and change from the toxic environment it currently has.”

The Herald Sun has also seen letters written to Rabbi Kennard and the Mount Scopus board expressing concern over the school’s treatment of same-sex attracted students dating as far back as 2013.

One letter written by a former student of the college objected to the Rabbi’s comparison of homosexuality with a Shabbat violation. Former students also objected to Rabbi Kennard’s signatory of a statement of principles that states that same-sex interactions are prohibited and that same-sex orientation “may greatly increase the risk of suicide among teenagers in our community”.

Despite this, the statement also says same-sex attracted individuals should be treated with dignity and respect.

Commenting on these claims behalf of the board of Mount Scopus, president Amy Hershan said: “Child safety is the school’s highest priority. All children and young people, regardless of their age, gender, ability, race, or sexual orientation, have the right to be safe and feel valued.

“The Board has tasked Rabbi James Kennard with overseeing the full implementation of all 49 of the recommendations of the Child Wise assessment including around complaints mechanisms, bullying, culture and inclusion, governance, student wellbeing and trust.

“The implementation of the recommendations is well advanced and is expected to be completed by the end of this year,” Ms Hershan said.

“We are taking a whole-of-school community approach to creating an environment that celebrates diversity. We are striving to involve students, staff and families through a wide range of initiatives including education, teacher training, and increasing student agency.

“Pleasingly, the feedback we are getting from current students about the changes we are implementing is positive. However we recognise that we still have more to do, and that work to create a culture in which every child can thrive will be ongoing,” she said. “An external search for Rabbi Kennard’s successor is well underway. It is the Board’s vision that new leadership will build on the school’s commitment to excellence as we strive to be a Modern Orthodox Jewish school that is safe and inclusive for all.” Ms Hershan also responded to the allegations of academic discrimination.

“The school is very proud of the fact we are not a select entry school. We work with every student to reach their potential,” she said.

“We take very seriously the balance between academic outcomes and student wellbeing. Our student services department works with many students and their families on individual learning plans and pathways. In some isolated cases, a student and their family may conclude that doing an unscored VCE is in the best long term interests of the child and the school unequivocally supports those decisions.”

Report Reveals School Failures | Sunday Herald-Sun

STUDENTS SAY IF I COULD CHANGE ONE THING ABOUT MOUNT SCOPUS IT WOULD BE….

“Get better security so the bullies who bullied me will get caught”

“Prioritise student wellbeing above academic excellence”

“The lack of punishment for bullies and racist or sexist jokes”

“Plz made more rights for lgbtq ppl (people) at Mount Scopus”

“Male Hebrew teachers – they are creepy …”

“Toxic, competitive culture”

“Implement a compulsory consent and respect program”

Source: Child Wise report 2022

REPORT REVEALS SCHOOL FAILURES

May 28, 2023 | Sunday Herald Sun

Susie O’Brien
Suzan Delibasic

EXCLUSIVE A leading Melbourne private school ignored red flags about a senior staff member who engaged popular girls in “highly sexualised communication”, a secret report has revealed.

Sunday Herald Sun can reveal the full findings of the damning review into the culture at Mount Scopus Memorial College.

The report reveals a “lack of appropriate response by leaders to serious complaints and allegations” regarding child safety over several years.

Staff who raised child-safe concerns faced “retribution” as the school “acted to address the wellbeing and reputation of the accused staff members, over the wellbeing of students making allegations,” it states.

Students and past students reporting abuse were offered meetings “with the male principal only, meetings were held with doors closed, no formal detailed record of meetings were made”, the report states.

Girls were also asked if they wanted to “confess” anything in relation to a staff member who groomed them.

The report also details homophobia towards LGBTIQ+ students, favouritism towards top-performing students, peer-to-peer bullying and teachers talking in “degrading” terms about students.

The report by Child Wise was commissioned in February 2022 following the sacking of the long-serving director of studies Jared Alford amid findings of serious sexual ­misconduct.

The report states Mr Alford “groomed an entire school community, including staff and leadership … and worked his way into positions of trust and authority in the school”.

“Concurrently observations were made about inappropriate contact with certain ‘favoured’ students, including highly sexualised communication,” it states.

Mr Alford was facing allegations of misconduct from at least 10 women when he left the Burwood college in late November 2021.

The report said Mr Alford used the informal Jewish Life program to “expose children to harm and ongoing risk”, particularly “high achievers” and “popular girls”.

The school’s treatment of complainants was slammed in the report for being “not trauma-informed and not aligned with best practices”. Rather than tell the school community about the allegations, the school breached child safety practices by telling students Mr Alford was ill and “should be written to with well wishes”.

Mr Alford was also “invited to an end-of-year gathering and a farewell speech was given … where his contribution was celebrated” in a further breach of good practice.

Last year, Rabbi Kennard released the review’s 49 recommendations for strengthening child safety at the school. He committed to implementing them, but he did not release the full report.

A former Mount Scopus student who graduated in 2021 told the Sunday Herald Sun the findings in the report illustrated the school’s “toxic” culture. “It’s obvious why they wanted to keep this damning report a secret,” he said. “I’m still traumatised by my experience at the school, I was bullied constantly. When I made the complaint to my school leaders, they told me to basically ‘toughen up’.”

Another former student, who offered support to women making reports to the school about Mr Alford, said: “I also agree with the findings in the Child Wise report because for years the faculty has not been properly trained to deal with issues such as sexual misconduct.”

Voice Against Child Sexual Abuse director Phillip Weinberg said the Child Wise report was consistent with the accounts of Mt Scopus victims and survivors who bravely shared their experiences with his organisation.

Rabbi Kennard will retire at the end of 2023. He was contacted for comment.

Aleph Melbourne submission to ALRC inquiry into Religious Educational Institutions and Anti-Discrimination Laws

The Australian Law Reform Commission is holding an inquiry into Religious Educational Institutions and Anti-Discrimination Laws.

This is Aleph Melbourne’s submission to the inquiry:

2023-ALRC-submission-179-M-Barnett-ADL-submission

All submissions here.

Submissions from Jewish organisations to the ALRC inquiry into Religious Educational Institutions and Anti-Discrimination Laws

The Australian Law Reform Commission is holding an inquiry into Religious Educational Institutions and Anti-Discrimination Laws.

Here are the submissions to the inquiry from Jewish organisations:

Submission numberOrganisational submissionPDF
114Institute for Judaism and CivilizationPDF
179Aleph MelbournePDF
377Executive Council of Australian JewryPDF
396Australian Council of Jewish SchoolsPDF

This list will be updated as relevant submissions are published. Last updated March 7 2023.

JCCV not seeking law change | AJN

FAITH-BASED SCHOOL STAFF

JCCV not seeking law change

‘The JCCV is comfortable with the present legislative settings. In particular, we understand that the larger Victorian Jewish day schools have not expressed a desire to exercise this power or a need for it.’

By PETER KOHN
October 27, 2022, 10:24 am 

Opposition Leader Matthew Guy in 2017. Photo: Peter Haskin

THE Jewish Community Council of Victoria (JCCV) stated this week that it is satisfied with the provisions of the Equal Opportunity Act (EOA) that prohibit discrimination in hiring and firing practices of schools.

The roof body was responding to reports that Victorian Liberal leader Matthew Guy has committed a Coalition government to amending the EOA to allow faith-based schools to discriminate in selecting teaching staff who share the school’s values and beliefs.

Guy’s commitment to the change surfaced last week after he reportedly raised it during a meeting with the Islamic Council of Victoria, according to The Guardian Australia.

Contacted by The AJN, a Liberal Party spokesperson responded, “The Liberals will protect religious freedoms to allow Jewish schools to employ people who are aligned with their values. An individual’s sexuality, gender and ethnicity would also be equally protected from discrimination under these laws. Any proposed changes would only occur after broad consultation and would need to protect every Victorian from discrimination.”

Apart from some latitude in hiring religious education teachers, Victorian schools have not been allowed to discriminate when hiring teaching staff since June, after changes to the EOA which prohibit staff selection made on sexual, gender identity or marital status.

Contacted by The AJN this week, JCCV president Daniel Aghion stated, “The JCCV is comfortable with the present legislative settings. In particular, we understand that the larger Victorian Jewish day schools have not expressed a desire to exercise this power or a need for it.”

Approached for comment, Mount Scopus Memorial College principal Rabbi James Kennard told The AJN, “Mount Scopus does not mandate, and never would mandate, that teachers’ and students’ lifestyles reflect the school’s religious values. Therefore this proposed change would not affect our school.”

Bialik College principal Jeremy Stowe-Lindner reiterated his firm opposition to any form of discrimination in schools, which he had stated in his submission to the 2018 Senate Legal and Constitutional Affairs Committee inquiry into legislative exemptions for faith-based schools.

Independent candidate for Hawthorn Melissa Lowe stated, “Victorians have repeatedly shown that they don’t support discrimination based on gender or sexuality.”

Meanwhile, the Coalition stated it would provide an additional $3.3 million over the next four years to the Ethnic Communities’ Council of Victoria to enable it to better serve multicultural communities, as well as a further one-off $100,000, should its application for charitable status be successful.

Mount Scopus Memorial College Child Wise Report 2022: The LGBTQIA+ Recommendations

Mount Scopus Memorial College

Recommendations from Child Wise Report 2022

17. Cultural and language diversity, gender, LGBTQIA+, disability, accessibility and inclusion of students is acknowledged within policies and procedures and training across Mount Scopus and includes references on how to make reasonable adjustments to improve the safety and wellbeing of students.

18. MSMC staff, leaders and Board members should receive diversity training (to include culturally and linguistically diversity, LGBTQIA+, disability and additional educational needs).

[Letter to Old Collegians] / [Recommendations]

MSMC-Child-Wise-Review-findings-and-recommendations

MSMC-Recommendations-from-ChildWise-Report

The Queer sessions at Limmud Oz Melbourne 2022

Melbourne hosts Limmud Oz on September 3 and 4 2022.

This year’s packed programme includes two queer-themed sessions, both on Sunday September 4.

Sunday September 4 • 10:00am – 10:50am • Ruben Shimonov

Sephardic, Mizrahi and LGBTQ+: Lifting our stories out of the margins

How have LGBTQ+ experiences been represented in Sephardic-Mizrahi cultures? What are challenges that Sephardic-Mizrahi Queer Jews have faced in finding spaces that fully embrace their identities? We’ll explore these questions and then focus on the creation of a grassroots movement that has provided a vibrant and much-needed community at the intersection of LGBTQ+ and Sephardic-Mizrahi life. 

Sunday September 4 • 12:00pm – 12:50pm • Shoshana Gottlieb

All about Chava: The representation of queer Jewish women in film and television

Let’s examine the ways in which television and film represent (or misrepresent) the Jewish/queer experience and how this may impact our lives and identities.

Check out the full programme here.