Vicki Douglas: learning support officer sacked for allegedly holding disabled child underwater

A Sydney school learning support officer who allegedly dunked a disabled child’s head underwater for two or three seconds after he smacked her in the face has appealed against her dismissal.

A Sydney school learning support officer who allegedly dunked a disabled child’s head underwater after he smacked her in the face during a hydrotherapy session has lost an appeal against her dismissal.

Vicki Douglas took the Department of Education to the Industrial Relations Commission in an appeal against her dismissal after it sustained multiple misconduct allegations against her in 2020.

During a hydrotherapy session at the school where she worked, Ms Douglas was alleged to have splashed water at a nine-year-old special needs student before grabbing his wrists and shaking him.

The student was then alleged to have hit Ms Douglas in the face with the heel of his hand – which caused a bruise – before Ms Douglas allegedly yelled “don’t you ever hit me again”, grabbed the back of his head and pushed him under the water for two to three seconds.

The Education Department’s Employee Performance and Conduct Directorate found the allegations of shaking the child’s wrists and dunking his head underwater were sustained.

Vicki Douglas allegedly splashed water at a nine-year-old special needs student before grabbing his wrists and shaking him (file photo).

Industrial Relations Commissioner John Murphy ultimately determined he did not have the power to allow Ms Douglas’s appeal due to ongoing proceedings brought against her by the Office of the Children’s Guardian in relation to her Working With Children Check.

However, he said he would have dismissed the appeal if he had the option.

“I have some sympathy for the appellant, as striking the appellant on the face was a provocative act by the student – but that does not excuse her response,” Mr Murphy said.

“I am of the opinion that the appellant’s misconduct which formed the basis of Allegation 2B (that Ms Douglas pushed the child’s head underwater) – was sufficiently serious to warrant the termination of her employment.”

Ms Douglas consistently and emphatically denied yelling at the child to stop splashing her, roughly shaking him, putting her hands on the back of his neck and pushing him underwater or handling him roughly.

Her submission to the commission was that she and the child both fell under the water as she endeavoured to remove him from the pool when he struck her.

“He hit me, I went back a bit, took a breath, thought it’s time to get out, put my arms underneath him, he lifted his legs up,” Ms Douglas said in evidence.

“We both went under – under chest level, not under head level.”

However, Mr Murphy rejected this account after it was heard a part-time administrator at the school – who gave evidence in the hearing – had witnessed the entire incident while waiting to take a sick child to their parent.

“The witness has been consistent from the outset that Ms Douglas pushed the child’s head under the water – she had no reason to make up such an outrageous story,” Mr Murphy said.

“I find the appellant’s evidence that she was behind the student guiding him out of the pool … when they both slipped or fell forward when the child lifted his legs up, probably kicking the appellant’s feet from under her, and they both went under the water, to be implausible.”

Ms Douglas was directed to resign by EPAC director Jane Thorpe on August 31, 2020.

When she did not comply, she was dismissed by letter on September 18, 2020.

“In addition to having her employment terminated, Ms Douglas has had her name placed on the list of persons not to be employed by the department and has been reported to the Office of the Children’s Guardian,” Mr Murphy stated.

Until it was determined the Industrial Relations Commission was powerless to allow Ms Douglas’s appeal against her dismissal, she had sought reinstatement, to be removed from the Not To Be Employed list, and to have her referral to the Office of the Children’s Guardian withdrawn.
Ms Douglas had also sought a formal apology and compensation for lost income.

The public sector disciplinary appeal was disallowed by Mr Murphy.