Geneva Association of Private Schools (AGEP), 'Enfants en danger et écoles privées', & whistleblowers

Geneva Association of Private Schools (AGEP), 'Enfants en danger et écoles privées', & whistleblowers

The Geneva Association of Private Schools (AGEP) apparently has 48 member schools and it's president is Sean Power.

"The association scrupulously ensures, through various internal procedures (code of ethics, quality labels), that the high-level requirements proposed by the members are respected."

One Geneva whistleblower has repeatedly written to Sean Power over several issues.

One issue is the DIP (Département de l'instruction publique) directive for reporting cases of mistreatment of children in Geneva Private Schools of 13.09.2019 (Enfants en danger et écoles privées). She is not alone in feeling that this directive, which mandates internal reporting of child maltreatment - only in Geneva private schools - unfairly disadvantages not only children, but whistleblowers in Geneva private schools because it specifies that reports of serious mistreatment must be made internally rather than externally. Internal reporting is, arguably, more likely to lead to the outcomes seemingly faced by several whistleblowers at one of AGEP's member schools, Ecolint (International School of Geneva) where allegations have apparently still not been investigated. Pascal Emery (the husband of the then head of the DIP, Anne Emery-Torracinta) was the state representative on the Board of Ecolint when certain child protection allegations were made. In fact, Pascal Emery is specifically named in verdict JTPH/439/2021, in which the International School of Geneva was deemed to fail to respect its own child protection policy. Within days of that whistleblower being dismissed in September 2019 (coincidentally shortly after he contacted the Vaud authorities) the new DIP directive was launched.

In her letters to AGEP, the whistleblower refers to several substantive legal opinions which concur that this 2019 DIP directive is, in fact, legally superseded by existing laws - or null and void -  and that teachers in Geneva private schools have an obligation to report mistreatment  of children directly to the authorities. Although the procedures followed by whistleblowers at the International School of Geneva appears to have been correct, their allegations have apparently not been investigated and alleged retribution against them has not been remedied - or apparently ceased. Even with what have repeatedly been described as liberal labour laws and weak whistleblower protection legislation in Switzerland, it seems that whistleblowers have the right to publicly disclose information if the authorities fail to take action. Whistleblowers at Ecolint have apparently fulfilled civic, legal and professional responsibilities by reporting alleged failures in duty of care correctly - including to the authorities.

In another unresolved whistleblower case at that school, the Geneva police & others have confirmed that proceedings linked to whistleblower complaints dating back to 2013 in file P/17792/2021 have taken place. Related records apparently exist in several jurisdictions.

What happens when a school & state representatives cover up whistleblower child protection disclosures instead of investigating them - and further serious allegations follow? Apparently more drastic & costly measures are taken to cover up - rather than providing the transparency and independent investigations the community deserves. Legal fees can run into hundreds of thousands, children may remain at risk, whistleblowers may face blacklisting & SLAPP proceedings - and the organisation may face escalating untold reputational damage.

The EU Commission's PROCEDURAL LAW UNIT's 2023 letter about one Ecolint whistleblower case is labelled 'non_comp' and this is one of numerous such letters or interventions from national and international bodies.

Petitioning parents of the school have recently raised concerns about financial reporting, post-employment 'benefits' paid to close family members of management, a 9.5m mysterious dormant foundation - and if and why the school is funding whistleblower litigation of management & former Board members. Is this the tip of the iceberg?

For some reason, the Board of Ecolint has still not delivered its long promised independent review of whistleblower cases dating back to 2012.

The whistleblower has asked Sean Power to clarify the position of AGEP on the 'Enfants en danger et écoles privées' directive - and the alleged treatment of whistleblowers in Geneva private schools.

The whistleblower has also asked for AGEP's position on blacklisting and alleged anomalous mistreatment of whistleblowers in Geneva private schools, apparently rendering it impossible for them to work safely. Sean Power has apparently signed a dismissal letter of a whistleblower.

Should whistleblowing in a Geneva private school result in allegedly unwarranted irreparable impacts to career, reputation, health, financial future & access to data & justice?

After whistleblowing at Ecolint and being subjected to alleged 'psychological terrorisation', a distressing false allegation process, a flawed grievance process, a confirmed non-CCT dismissal and defamation, medical diagnosis by Pascal Emery (then Geneva state representative on the Board, a man she has never met with no medical qualifications) and ongoing alleged retribution including judicial harassment, a whistleblower also claims to have faced untold anomalous challenges in four Geneva private schools.

A few of numerous untold challenges are listed below:

  • Amongst other things, a unilateral reduction in contract from 75%-25% in February 2017, in the midst of proceedings with the INTERNATIONAL SCHOOL OF GENEVA. UNIA wrote that this was illegal. The whistleblower resigned;
  • Three allegedly abusive dismissals (in spite of excellent evaluations and feedback), one of them a day before the start of the 2019/2020 school year;
  • A pensions expert raised concerns about pensions linked to two Geneva private schools, including the International School of Geneva. The International School of Geneva pensions fund now has Me Francoise Markarian representing the best interests of the school pension fund, which in itself seems worrisome;
  • Untold anomalies with the medical insurers of all four Geneva private schools, including allegedly invasive data procurations and the unauthorised presence of a Canadian businessman at one confidential forced evaluation by the International School of Geneva's insurer - just weeks before the whistleblower was medically diagnosed by Pascal Emery. The whistleblower's doctor was also contacted directly without a signed procuration;
  • Staff colleagues reported a delay in calling an ambulance after the whistleblower lost consciousness which she contends was due to unsustainable stress, a reduction in contract etc. She wrote to a Director (who she feels was amongst those who did not appear comfortable with her treatment). He never justified why it took so long to call an ambulance and the whistleblower does not know who he was in communication with during this period.
  • Internal emails between the Director and Human Resources show that treatment and dismissal at one private school seemed to be irrefutably linked to the case at the International School of Geneva. The whistleblower has still not even received a final salary from that school.

The whistleblower's daughter, a teacher, has recently been dismissed from one of these schools and has been receiving 'communications' from its owner whilst on medical leave. Weak labour laws is one thing.

Sean Power has yet to reply over the position of AGEP with regard to DIP directives and the alleged treatment of whistleblowers in Geneva private schools.

Does AGEP scrupulously ensure, through various internal procedures (code of ethics, quality labels), that the high-level requirements proposed by the members are respected - or can diligent staff of Geneva private schools who fulfil civic, professional and legal responsibilities be subject to any level of unabated defamation, mistreatment & unjustified dismissal?

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