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Waiting to understand whether or not we can, in the meantime, what happens is that teachers and students have actually been penalized for using mobile phones in the classroom.
The use of the mobile phone during the lessons legitimizes the suspension of the service
The most striking and well-known case is undoubtedly the one dealt with by the Sec. Obra, with a judgment of 04/03/2019. It is not the only one, other precedents to date have been negative towards workers.
In the case in question, the teacher responded to a call in the classroom, even challenging the use of inappropriate language. Everything was informed by the students with a special letter and the teacher herself admitted that she had answered the phone. Whether it was an emergency issue or not doesn’t seem to matter.
Legislation
At this point, in fact, it is convenient to remember the Directives of the Ministry of Education, University and Research on the use of mobile phones, both by students and teachers, which go back over time. With the Circular of the Minister of Public Education n. 362 of August 25, 1998, in fact, the Ministry had indicated what it was like: “… this administration reported that the custom of using cell phones is also spreading in the world of schools.” The issue was also the subject of a parliamentary question denouncing the use of the so-called “mobile phone” by teachers even during class hours. It is clear that such behaviors – when they occur – cannot be allowed as they result in a lack of respect for the students and cause an objective element of disturbance in the correct development of the teaching hours that, by law, must be totally dedicated. didactic activities and cannot be used, even partially, for teachers’ personal activities. Given the above, SS.LL. make the content of this circular known to the heads of educational institutions so that they can inform the school staff ”. Later – and precisely with Ministerial Directive n. 30 of March 15, 2007, relative to: “Guidelines and indications on the use of” mobile phones “and other electronic devices during teaching, the imposition of disciplinary sanctions, the duty of supervision and co-responsibility of parents and teachers” – it was reiterated and clarified that “The prohibition of the use of mobile phones in the realization of teaching-learning activities, in addition, also applies to teaching staff (cf. Circular No. 362 of August 25, 1998), in consideration of the duties that they derive from the current National Collective Labor Agreement and the need to ensure within the school community the best conditions for the peaceful and effective development of educational activities, together with the educational need to offer students an exemplary model of adults. … “.
The use of mobile phones during lessons is harmful
For the Court of Appeal of Milan “There is no doubt, therefore, that the use of mobile phones during school classes constitutes a disciplinary offense also for teaching personnel, having said behavioral implications on the educational model, to which they refer the aforementioned circulars., and it does not seem consistent and coherent with the educational function that is now attributed by the norm referred to in article 26 of the CCNL school ”.
Using a mobile phone can cause tax damages
The Court of Accounts Umbria Sect. Jurisdiction, 05/22/1995, n. 210 had stated that the use of a mobile phone is not necessary for the operation of an educational institution; therefore, the tax damage caused by the use of a mobile phone, by the principal of a secondary school, must be fully compensated by the principal himself and, solidly in part, by the members of the school council who have approved the related expense. .
If the school regulation prohibits the use of mobile phones, the student may be penalized.
The appeal was appealed against the provision by which the student was imposed the disciplinary sanction of the written warning for the controversial use of a mobile phone without the teacher’s authorization.
The TAR of Lombardy Milan III Section, Envoy, (Audience 03-20-2018) 06-13-2018, n. 1494 accepts the appeal but in which it establishes that “” In this regard, it must first be clarified that, in accordance with the disciplinary regulations approved by resolution of the Institute Council, the written warning constitutes a true disciplinary sanction applicable to students who have used cell phones . , audio and video recorders and players or computer equipment without the teacher’s authorization. Therefore, it must be considered that the written warning addressed to the applicant student – which stigmatizes the unauthorized use of a mobile phone for the recording of a short film – constitutes an authentic sanctioning measure ”. That said, it should be noted that, in the case at hand, it does not appear that the student has been questioned beyond what is discussed here. Likewise, it has been seen that the assessment of the conduct that justified the question of the sanctioning measure was carried out in the absence of the necessary cross-examination, with insufficiently certain results and for these reasons the appeal proposed by his lawyers was accepted.
It is mitigating to pick up an upset student’s mobile phone
Section of the Court of Appeal of Milan II, 06/01/2005 affirms that “With regard to private violence, the mitigating circumstance referred to in art. 62, no. 2, Penal Code, to the teacher who withdraws the cell phone from a student with an irritating behavior and contrary to the teacher’s directives, since it is a behavior that, although widespread in the current school population, must nevertheless be qualified in terms of devaluation. (and therefore of injustice, according to the terminology of the law) as to provoke in the teacher an angry reaction that, although not commendable, may have overwhelmed the teacher’s spirit ”.
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